This volume examines European and national higher-court decisions on social media from the perspective of fundamental rights and judicial dialogue.

While the challenges social media poses for public policy and regulation have been widely discussed, the role of courts in this evolving legal area, especially from a fundamental-rights standpoint, has hitherto remained largely underexplored. This volume probes the contribution of national and European judiciaries to the protection of fundamental rights in a social media setting and delves into patterns of dialogue and interaction between domestic courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR), and between the CJEU and the ECtHR. The book specifically examines the extent and ways in which national and European judges incorporate fundamental rights reasoning in their social media rulings. It also investigates the nature and breadth of the use of European supranational case law in domestic judicial assessment and analyses the engagement of the CJEU and the ECtHR with the other’s case law. In doing so, the book instils jurisprudential dynamics into the study of social media law and regulation, exploring in particular the effects of European constitutionalism on the shaping and enforcement of fundamental rights in a social media context.

Written by emerging and established experts in the field, this book will be essential reading for scholars of comparative, European and constitutional law, as well as those with a particular interest in digital technologies and social media.

chapter 1|21 pages

Social media before domestic and European courts

Fundamental rights and judicial dialogue
ByEvangelia Psychogiopoulou, Federica Casarosa

part 1|47 pages

The European perspective

chapter 2|23 pages

The CJEU as a fundamental rights adjudicator in social media cases

ByEvangelia Psychogiopoulou

chapter 3|22 pages

Social media jurisprudence

The European Court of Human Rights
ByLorna Woods

part 2|186 pages

The national perspective

chapter 4|16 pages

Social media before higher courts in Estonia

Delfi says it all
ByMeeli Kaur

chapter 5|16 pages

A rights-based approach to social media under the midnight sun

Social media before courts and other constitutional actors in Finland
ByMarta Maroni, Tuomas Ojanen, Eveliina Ignatius

chapter 6|16 pages

Judicial dialogue à la Française

Social media and fundamental rights in the French higher courts
BySara Migliorini, Constance Bonzé

chapter 7|17 pages

Social media before German courts

Balancing societal values, platform rules and individual rights
ByMatthias C. Kettemann, Polina Kulish, Martha Routen

chapter 8|14 pages

Social media before higher courts in Hungary

A focus on online comments
ByZsuzsa Detrekoi

chapter 9|18 pages

Social media, fundamental rights and courts

An Irish perspective
ByElizabeth Farries

chapter 10|18 pages

Social media before higher courts in Italy

A thorough adaptation of existing rules and protection of constitutional rights online
ByFederica Casarosa, Maria Concetta Causarano

chapter 11|17 pages

Social media before higher courts in Slovenia

Judicial caution in imposing restrictions
ByTanja Kerševan

chapter 12|17 pages

Social media before higher courts in Spain

Judicial dialogue on innovative and difficult cases and the resolution of disagreements between courts
ByJoan Solanes Mullor

chapter 13|20 pages

Social media, the European Court of Human Rights and apex courts in the United Kingdom

Contested competence at a time of constitutional change
ByRachael Craufurd Smith

chapter 14|15 pages

Courts, rights and powers in the digital age

ByGiovanni De Gregorio, Oreste Pollicino