DLS members Naomi Appelman & Ronan Fahy's Article published in the German Law Journal
DLS researchers Naomi Appelman and Ronan Fahy recently had their article ‘Using Terms and Conditions to apply Fundamental Rights to Content Moderation’ published in the German Law Journal.
About the article
In this article, they critically examine the topic of enforceability of fundamental rights via T&Cs through the prism of Article 14 DSA. They ask whether this provision requires platforms to apply EU fundamental rights law and to what extent this may curb the power of Big Tech over online speech.
They conclude that Article 14 will make it possible, in principle, to establish the indirect horizontal effect of fundamental rights in the relationship between online platforms and their users. But in order for the application and enforcement of T&Cs to take due regard of fundamental rights, Article 14 must be operationalized within the framework of the international and European fundamental rights standards. If this is possible Article 14 may fulfil its revolutionary potential.
About the researchers
Naomi Appelman is a PHD Researcher on Online Speech Regulation at the University of Amsterdam. Her research combines law and philosophy and focuses on strengthening the legal position of users by means of enabling legal contestation of the control over online speech.
Ronan Fahy is a Senior Researcher in Information Law & Fundamental Rights at the University of Amsterdam. He specializes in fundamental rights, in particular the freedom of expression and privacy.