Expressions on Platforms: Freedom of Expression and ISP Liability in the Digital Single Market

Freedom of expression online and Internet Service Providers are closely connected. Consequently, when dealing with the regulation of their liability, it is necessary that public actors take deeply into consideration how the ISP’s liability regime affects fundamental rights. Recently, in the framework of the European Digital Single Market Strategy, the EU Commission have issued two proposals which would impact on the ISP’s system of liability in Europe and, as a result, on freedom of expression. Hence, it is necessary to analyse the potential drawbacks, providing, from a comparative perspective, alternative solutions which comply with the EU constitutional framework.