Episode 60: Did the CJEU just break the Internet?
Professor Daphne Keller joins host Alan Chapell to discuss the implications of the EU Court of Justice decision in Russmedia - demonstrating that "breaking the Internet" is no longer solely the domain of pop stars like Taylor Swift. An expert in platform regulation and intermediary liability, Professor Keller explains how the CJEU's Russmedia decision poses significant challenges for companies operating in the digital media space in Europe.
Daphne Keller's bio may be found at https://law.stanford.edu/daphne-keller/.
The Chapell regulatory outlook report may be found at https://chapellreport.substack.com/.
Takeaways
- The Russmedia case shifts the EU rules on intermediary liability significantly.
- Intermediary liability laws aim to balance online safety, free speech, and innovation.
- The court's decision highlights a long-standing tension as between GDPR and the e-commerce directive.
- Platforms may now be considered joint controllers of user data under GDPR.
- Identifying harmful content at scale is a major challenge for platforms.
- The Russmedia case
Chapters
00:00 Welcome and show premise
02:05 Daphne Keller and why Russmedia matters
04:00 Why intermediary liability shields exist
06:20 Distinction between Section 230 in the U.S. (absolute liability shield) and the EU notice and takedown regime under the e-commerce directive.
08:45 GDPRand right to be forgotten as background context.
11:00 Russmedia facts and Romanian state court path
13:45 Advocate General view processor vs controller
16:00 CJEU view as joint controllership is the lynchpin of the case.
23:30 Proactive checks and the general monitoring contradiction
34:40 What platforms can do now and the practical tradeoffs
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