This thesis examines the legal obligations of social media platforms towards the human rights of ... more This thesis examines the legal obligations of social media platforms towards the human rights of their users through the application of the horizontal effect of national constitutional rights. It establishes that through intricate systems of private governance developed due to economic and legal incentives, transnational social media companies have acquired a normative status of duty bearers of certain fundamental rights in their processes of content moderation. The grounds for such normative qualification are explored with respect to the function of fundamental rights and the social power inherent to platforms' regulatory ability and social power. Finally, a comparative analysis of national constitutional doctrines' of the horizontal application of fundamental rights responses to those normative exigencies is conducted.
This thesis examines the legal obligations of social media platforms towards the human rights of ... more This thesis examines the legal obligations of social media platforms towards the human rights of their users through the application of the horizontal effect of national constitutional rights. It establishes that through intricate systems of private governance developed due to economic and legal incentives, transnational social media companies have acquired a normative status of duty bearers of certain fundamental rights in their processes of content moderation. The grounds for such normative qualification are explored with respect to the function of fundamental rights and the social power inherent to platforms' regulatory ability and social power. Finally, a comparative analysis of national constitutional doctrines' of the horizontal application of fundamental rights responses to those normative exigencies is conducted.
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Papers by Julian Morgan