Constitutional Safeguards in the “Freedom of Expression Triangle” – Online Content Moderation and User Rights after the CJEU’s Judgement on Article 17 Copyright DSM Directive

Author: Christophe Geiger (Luiss Guido Carli University) and Bernd Justin Jütte (University College Dublin)
Published: 06.06.2022
Photo by Jonas Jaeken on Unsplash In this contribution, we look at the future of content moderation after the recent decision of the Grand Chamber of the CJEU of 26 April 2022 on the validity of Article 17 CDSM with regard to freedom of expression. This decision is a crucial turn for a number of reasons, the main one being that a proper implementation by the Member States of the user safeguards in Article 17 will be key in complying with the explicit requirement to respect freedom of expression (also from a procedural point of view), as these safeguards contained in the Directive…