Back up: can users sue platforms to reinstate deleted content?
A private order of public communication has emerged. Today, social network services fulfill important communicative functions. A lot has been written about the failings of companies in deleting problematic content. This paper flips the question and asks under which conditions users can sue to reinst...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Alexander von Humboldt Institute for Internet and Society
2020-06-01
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| Series: | Internet Policy Review |
| Subjects: | |
| Online Access: | https://policyreview.info/node/1484 |
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| _version_ | 1850073835828674560 |
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| author | Matthias C. Kettemann Anna Sophia Tiedeke |
| author_facet | Matthias C. Kettemann Anna Sophia Tiedeke |
| author_sort | Matthias C. Kettemann |
| collection | DOAJ |
| description | A private order of public communication has emerged. Today, social network services fulfill important communicative functions. A lot has been written about the failings of companies in deleting problematic content. This paper flips the question and asks under which conditions users can sue to reinstate content and under which circumstances courts have recognised ‘must carry’ obligations for social network services. Our analysis, an initial comparative analysis of case law on the reinstatement of user-generated content, will point to a larger issue of systemic relevance, namely the differences in treatment of states and private companies as threats to and/or guarantors of fundamental rights in the United States and in Germany. It is a contribution to the important debate on the interaction of states and platforms in governing online content. |
| format | Article |
| id | doaj-art-0290b2b9f8174af681c45007b44e734d |
| institution | DOAJ |
| issn | 2197-6775 |
| language | English |
| publishDate | 2020-06-01 |
| publisher | Alexander von Humboldt Institute for Internet and Society |
| record_format | Article |
| series | Internet Policy Review |
| spelling | doaj-art-0290b2b9f8174af681c45007b44e734d2025-08-20T02:46:43ZengAlexander von Humboldt Institute for Internet and SocietyInternet Policy Review2197-67752020-06-019210.14763/2020.2.1484Back up: can users sue platforms to reinstate deleted content?Matthias C. Kettemann0Anna Sophia Tiedeke1Leibniz Institute for Media Research | Hans-Bredow-InstitutLeibniz Institute for Media Research | Hans-Bredow-InstitutA private order of public communication has emerged. Today, social network services fulfill important communicative functions. A lot has been written about the failings of companies in deleting problematic content. This paper flips the question and asks under which conditions users can sue to reinstate content and under which circumstances courts have recognised ‘must carry’ obligations for social network services. Our analysis, an initial comparative analysis of case law on the reinstatement of user-generated content, will point to a larger issue of systemic relevance, namely the differences in treatment of states and private companies as threats to and/or guarantors of fundamental rights in the United States and in Germany. It is a contribution to the important debate on the interaction of states and platforms in governing online content.https://policyreview.info/node/1484PlatformsIntermediariesPrivate spacesCourtsIndirect application of human rights |
| spellingShingle | Matthias C. Kettemann Anna Sophia Tiedeke Back up: can users sue platforms to reinstate deleted content? Internet Policy Review Platforms Intermediaries Private spaces Courts Indirect application of human rights |
| title | Back up: can users sue platforms to reinstate deleted content? |
| title_full | Back up: can users sue platforms to reinstate deleted content? |
| title_fullStr | Back up: can users sue platforms to reinstate deleted content? |
| title_full_unstemmed | Back up: can users sue platforms to reinstate deleted content? |
| title_short | Back up: can users sue platforms to reinstate deleted content? |
| title_sort | back up can users sue platforms to reinstate deleted content |
| topic | Platforms Intermediaries Private spaces Courts Indirect application of human rights |
| url | https://policyreview.info/node/1484 |
| work_keys_str_mv | AT matthiasckettemann backupcanuserssueplatformstoreinstatedeletedcontent AT annasophiatiedeke backupcanuserssueplatformstoreinstatedeletedcontent |