Wrongful moderation deals with internet intermediary service providers allowing users to provide and receive user-provided information. The central question in this dissertation is how these... Show moreWrongful moderation deals with internet intermediary service providers allowing users to provide and receive user-provided information. The central question in this dissertation is how these providers are provided with a legal incentive to overregulate or underregulate user-provided information based on its content. Providers that offer functionalities for user-provided information are criticised for failing to counter illegal content and overregulating content that is not illegal but considered harmful by the provider. In the United States of America and the European Union, legislation is proposed to remedy such overregulation and underregulation. Overregulation and underregulation could be tied to how the liability of service providers is regulated. Overregulation and underregulation may even occur when the provider is exempted from liability for the content of user-provided information – especially when this exemption is conditional. The central question in Wrongful moderation is to what extent the liability regimes in the e-Commerce Directive (EU) (enacted in 2000) and Section 230 of the Communications Decency Act (CDA) (enacted in 1996) (US) provide a legal incentive to overregulate or underregulate user-provided information. The focus lies on providers that offer an online platform to share and receive user-provided information because these providers are best placed to intervene in the content of user-provided information. Because of this intermediary position, these providers are the most popular targets for (state) regulation. Show less
This thesis deals with three restrictions on freedom of expression, namely 1) lèse-majesté (the insult to the national head of state; the monarch in a monarchy, or the president in a republic), 2)... Show moreThis thesis deals with three restrictions on freedom of expression, namely 1) lèse-majesté (the insult to the national head of state; the monarch in a monarchy, or the president in a republic), 2) the defamation of foreign heads of state, and 3) blasphemy (insulting religion or religious symbols). This thesis examines the background of these speech crimes, their (international) legal status, as well as their relationship to democratic free speech theory. Show less
In recent decades, the Netherlands’ struggle with multiculturalism has caused an upsurge in public interest in the relationship between state and religion.The Dutch political tradition... Show more In recent decades, the Netherlands’ struggle with multiculturalism has caused an upsurge in public interest in the relationship between state and religion.The Dutch political tradition plays a central role in this book because the Netherlands developed a unique method of bridging seemingly irreconcilable religious differences: pacification. since the Batavian Revolution, the development of the Dutch state has been focused on democracy, upholding fundamental rights, and the separation of church and state that was supposed to turn the Netherlands into a religiously neutral state. In the second half of the twentieth century, the appearance of new religions on the Dutch stage, most notably Islam, has had a significant impact on the Netherlands’ national identity.the Dutch are now asking, should this religious friction be dealt with? How absolute is freedom of expression? Can religious ideas be criticized without restriction? The ability to deal with criticism is a crucial component of liberal democracy and freedom of speech. In facing this new religious pressure, the Dutch, like the rest of Europe, must once again reach for the system that best protects these essential principles: the religiously neutral state. Show less
Het doel van dit onderzoek is om tot inzicht te komen inzake de omvang van de juridische beperking die uitgaat van de botsing tussen de verschillende levensbeschouwingen voor de vrijheid van... Show moreHet doel van dit onderzoek is om tot inzicht te komen inzake de omvang van de juridische beperking die uitgaat van de botsing tussen de verschillende levensbeschouwingen voor de vrijheid van meningsuiting. Show less
