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Dr. Stephen Allen, Queen Mary University of London School of Law
Professor Elaine Fahey, City Law School, City, University of London
Dr. Kate Klonick, St. Johns University Law School, author of ‘Creating Global Governance for Online Speech: The Development of Facebook’s Oversight Board’, 129 YALE L. J. (forthcoming 2020)
Professor Andrew Murray, London School of Economics Law Department
Dr. Jed Odermatt , City, University of London
Dr. Maria Tzanou, Keele University School of Law
The panel debates the decision in C-18/18 and the wider legislative and regulatory context of borders, global social media and transnational regulation of the internet. In C-18/18 Glawischnig-Piesczek v. Facebookthe Court of Justice considered in a small three judge chamber litigation concerning an Austrian politician suing Facebook Ireland. There, the Austrian Supreme Court referred to the CJEU whether a host provider was obliged to remove posts and whether national courts can order platforms to remove content only within the national boundaries, or beyond (‘worldwide’).
The decision of the Court has been seen as having the capacity to determine whether domestic courts can impose monitoring obligations on digital platforms, and of what nature, and how much power courts should be given in imposing their own standards of acceptable speech across national boundaries. It features as one of a host of decisions at national and supranational level as to social media, the internet and the high-profile GDPR but also other measures such as the E-Commerce Directive. Beyond the specificities of search engines, monitoring and data protection authorities and territorial limits, the panel reflects upon Facebook as a global titan of transnational social media activity and its constant battle to evade jurisdiction controls under EU law. It considers the litigation strategy of Facebook as to the EU-US Privacy Shield in litigation ongoing before the CJEU concerning data protection authorities powers, individual enforcement of transnational agreements and worldwide jurisdiction.
The panel features speakers from a variety of perspectives, namely, EU data protection law, public international law and transatlantic relations.
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When and where
2.00pm - 6.00pmFriday 15th May 2020