TY  - CHAP
U1  - Buchbeitrag
A1  - Krzywon, Adam
ED  - Golia, Angelo Jr.
ED  - Kettemann, Matthias C.
ED  - Kunz, Raffaela
T1  - Online Communication and States' Positive Obligations: Towards Comprehensive European Human Rights Protection
T2  - Digital Transformations in Public International Law
N2  - This chapter analyses the impact of the Internet and the shift in communication processes on the States’ obligations emerging from the European Convention on Human Rights (ECHR). It claims that the environment created by the Internet is different from the traditional one; that is, it substantially empowers a range of private actors such as social media and other Internet platforms. That is why in the light of the actual development of the ECHR’s standards, both the strict distinction between positive and negative State’s obligations, and an overall prefe-rence for the latter are anachronistic. This chapter claims that it is crucial to keep developing European minimal safeguards in horizontal online relations when human rights violation is a result of a State’s non-compliance with the positive duty. Against this backdrop, this chapter centers around the influence of the Internet on the exercise and protection of selected human rights and the changing nature of communication processes, as well as the game-changing shift caused by the growing power of private actors. It also includes a detailed analysis of the scope and content of positive State’s obligations emerging from the use of the Internet, focusing on substantive obligations (i.e., the legal framework and the allocation of responsibilities), as well as on the issue of the public guarantees for online pluralism and procedural obligations (the duty to provide responses to allegations concerning online ill-treatment inflicted by private individuals).
Y1  - 2022
UN  - https://nbn-resolving.org/urn:nbn:de:0246-opus4-58224
UR  - https://www.nomos-elibrary.de/10.5771/9783748931638/digital-transformations-in-public-international-law
SN  - 978-3-7560-0275-7 (print); 978-3-7489-3163-8 (e-book)
SB  - 978-3-7560-0275-7 (print); 978-3-7489-3163-8 (e-book)
U6  - https://doi.org/doi.org/10.5771/9783748931638
DO  - https://doi.org/doi.org/10.5771/9783748931638
SP  - 205
EP  - 232
S1  - 28
PB  - Nomos
CY  - Baden-Baden
ER  -