E. Psychogiopoulou and F. Casarosa, ‘Fundamental Rights in National Social Media Jurisprudence: A Study of Higher and Appellate Courts’, [2020] European Human Rights Law Review, issue 2, p. 164-175
Abstract
This article examines national court decisions on social media in a selected set of EU Member States, aiming to identify and analyze their fundamental rights dimension. Do national judges engage in fundamental rights reasoning when called upon to solve social media disputes? What is the breadth of fundamental rights reasoning in national social media rulings and what are the characteristics of relevant jurisprudence? Overall, what is the contribution of national courts to the protection and balancing of distinct fundamental rights and interests in the realm of social media? The analysis disentangles the fundamental rights discourse in the cases reviewed, with a focus on free speech and (data) privacy rights, and discusses the input offered by supranational sources of fundamental rights protection such as the ECHR and the Charter of Fundamental Rights of the EU to national adjudication.) in a new rubric entitled “European Human Rights Law Review” under “Journals”.
