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Prohibition of general monitoring obligations and stay-down injunctions in light of the proportionality requirement: a European and comparative study

Objective

We propose to study the relationship between the prohibition on intermediaries of general monitoring obligations and the permanent removal of illegal content on the Internet (known as “stay-down” orders). This relationship will be studied in light of the proportionality principle that permeates the European legal system, as well as the technical characteristics of monitoring tools. We intend to develop a model where the multiple interests involved, especially when they emanate from fundamental and human rights, will be properly balanced. We anticipate that our results will offer a set of normative concepts and standards that will be essential for courts to issue stay-down orders that are proportionate and fair, but also dissuasive. Our findings will also be extremely beneficial for legislators and policymakers when the time for new legislation comes.

Call for proposal

FP7-PEOPLE-2012-CIG
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Coordinator

THE UNIVERSITY OF STIRLING
EU contribution
€ 50 806,45
Address
.
FK9 4LA Stirling
United Kingdom

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Region
Scotland Eastern Scotland Perth & Kinross and Stirling
Activity type
Higher or Secondary Education Establishments
Administrative Contact
Aileen Inglis (Ms.)
Links
Total cost
No data

Participants (1)