ABSTRACT

Platforms tend to present themselves as mere intermediaries, exempted from liability for the underlying goods and services, be they counterfeited goods, copyright content, fake news or illegal and damaging service. However, intermediation is a service in itself, a service prone to conflict and traditionally subject to legal intervention. It is surprising that authorities have not been more demanding so far, imposing on platforms the basic traditional obligation imposed on intermediaries, that of protecting and promoting the interest of their clients. More transparency is necessary on how the algorithms are executing their role as system coordinators. Platforms should certainly take liability for such an important role, and provide redress mechanisms to users to make such liability effective.