Beyond Mere Intermediation : Exploring the Edge of Liability for False and Misleading Content on Collaborative Platforms
Fagerström, Celia (2017-12-12)
Beyond Mere Intermediation : Exploring the Edge of Liability for False and Misleading Content on Collaborative Platforms
Fagerström, Celia
(12.12.2017)
Tätä artikkelia/julkaisua ei ole tallennettu UTUPubiin. Julkaisun tiedoissa voi kuitenkin olla linkki toisaalle tallennettuun artikkeliin / julkaisuun.
Turun yliopisto
Tiivistelmä
The development of online platforms has contributed to the emergence of a collaborative economy, which in turn has evoked several legal ambiguities, essentially boiling down to the institutional vacuum surrounding the platforms as a result of the seemingly inapplicable current legal structures. The aim of this study is to assess one of these issues, namely allocation of liability for damage caused by unfair business practices in form of false or misleading information posted on the collaborative platform by its user.
In order to answer the research question, two interrelated legal aspects will be examined. First, whether and on what grounds the service offered by collaborative platforms falls within the field of an information society service as opposed to the underlying service, and second whether the EU’s core liability exemption regime as provided in the e-Commerce Directive is applicable to collaborative platforms. The complex balance between different fundamental rights and their effect on the legal interpretation will also be considered throughout the analysis.
This study concludes that the legal nature of collaborative platforms should be solved by considering the electronic platform as the main element of the service because it constitutes the business idea which creates the surplus value for the company. However, if the platform's influence has a direct impact on the underlying service, then the collaborative platform should be legally categorized and regulated as such. The second outcome of the study is that the liability exemption regime does not suit well to the collaborative economy. Although the Court's guideline for avoiding liability based on lacking knowledge may be helpful to some extent, it is doubtful that service providers ever become aware of a platform listing’s false or misleading nature.
The reason why it is difficult to find proper means for regulating the collaborative economy also relates to the need to maintain a balance between fundamental rights. For instance, restrictive regulation inevitably affects the user's ability to participate in the collaborative economy and consequently sets boundaries to the freedom of expression. Therefore, any regulatory measures must be considerate to safeguarding these fundamental values.
In order to answer the research question, two interrelated legal aspects will be examined. First, whether and on what grounds the service offered by collaborative platforms falls within the field of an information society service as opposed to the underlying service, and second whether the EU’s core liability exemption regime as provided in the e-Commerce Directive is applicable to collaborative platforms. The complex balance between different fundamental rights and their effect on the legal interpretation will also be considered throughout the analysis.
This study concludes that the legal nature of collaborative platforms should be solved by considering the electronic platform as the main element of the service because it constitutes the business idea which creates the surplus value for the company. However, if the platform's influence has a direct impact on the underlying service, then the collaborative platform should be legally categorized and regulated as such. The second outcome of the study is that the liability exemption regime does not suit well to the collaborative economy. Although the Court's guideline for avoiding liability based on lacking knowledge may be helpful to some extent, it is doubtful that service providers ever become aware of a platform listing’s false or misleading nature.
The reason why it is difficult to find proper means for regulating the collaborative economy also relates to the need to maintain a balance between fundamental rights. For instance, restrictive regulation inevitably affects the user's ability to participate in the collaborative economy and consequently sets boundaries to the freedom of expression. Therefore, any regulatory measures must be considerate to safeguarding these fundamental values.