Jean Monnet Network on enforcement of EU law (EULEN)


20 January 2022

YRP Seminar: Algorithmic Decision-Making and Enforcement

The EULEN Young Researchers Roundtable will be hosting an online seminar on 20th January 2022, 12pm – 1pm.

Angelica Fernandez, PhD candidate at University of Luxembourg, will present her research on challenges brought with the use of algorithmic decision-making systems as an enforcement mechanism for copyright infringements.

Dr Sunimal Mendis, Assistant Professor of Intellectual Property Law at Tillburg University, will be the discussant.

Since the early ’90s, copyright scholars have been at the forefront of grappling with the use of algorithmic decision-making systems to deal with copyright infringement on the internet. Online platforms have been pioneers in using algorithmic content moderation systems to comply with copyright law, also known as algorithmic commercial content moderation systems (ACCM). Since then, ACCM systems have become the standard for online platforms to moderate content at scale. Content moderation policies are at the core of how many platforms sustain their business model. They may take different shapes and forms (i.e., compliance with internal norms or external regulatory restraints). Currently, the platforms are using ACCM systems to deal with, for example, hate speech, disinformation, harassment content, child pornography, and terrorist content. For all those broad categories of content, which encompass different types of normative obligations and legal frameworks, similar types of ACCM systems are used. This situation illustrates the prevalence of private actors’ regulatory responses across different legal instruments in EU law. Consequently, direct and indirect normative obligations are found in different EU law instruments regarding the use of ACCM systems, which have endorsed this type of enforcement model to a variable extent. This presentation will illustrate how ACCM systems make possible a new enforcement model of law for digital environments across different policy and regulatory areas and the distinct challenges brought with the use of algorithmic decision-making systems as an enforcement mechanism.

Please join us online by this link

Meeting number: 2733 070 7111

Password: PRgTMjn77U3

We look forward to seeing you there!