Unraveling the 'Safe Harbor ': A Crucial Balance between Liability and Expression in Social Media Networks

This paper embarks on a captivating exploration of the 'safe harbor' concept, a pivotal aspect of social media network service provider liability. It delves into the intricate landscape of legal regulation, striving to find a delicate equilibrium between the imperative to safeguard against harm from social network misuse and the fundamental right to expression. The implications are profound: if service providers are held liable for such harms, they may impose stringent posting restrictions, potentially infringing on the right of expression. Conversely, they may lift these restrictions if not held liable, potentially exposing public and private interests to harm. This paper seeks to address this issue by defining safe harbor, its legal basis, its scope, the conditions for its application, our opinion on it, and finally, the most critical results reached.

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Publication Details

Published
2024-12-10
DOI
https://doi.org/10.1109/acit62805.2024.10877262
Primary Topic
Freedom of Expression and Defamation
Type
article
Field-Weighted Citation Impact
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article

Unraveling the 'Safe Harbor ': A Crucial Balance between Liability and Expression in Social Media Networks

Shuq Hussein, Ali Hadi Al-Obeidi
Freedom of Expression and Defamation
article

Unraveling the 'Safe Harbor ': A Crucial Balance between Liability and Expression in Social Media Networks

Shuq Hussein, Ali Hadi Al-Obeidi
article en

Abstract

This paper embarks on a captivating exploration of the 'safe harbor' concept, a pivotal aspect of social media network service provider liability. It delves into the intricate landscape of legal regulation, striving to find a delicate equilibrium between the imperative to safeguard against harm from social network misuse and the fundamental right to expression. The implications are profound: if service providers are held liable for such harms, they may impose stringent posting restrictions, potentially infringing on the right of expression. Conversely, they may lift these restrictions if not held liable, potentially exposing public and private interests to harm. This paper seeks to address this issue by defining safe harbor, its legal basis, its scope, the conditions for its application, our opinion on it, and finally, the most critical results reached.

Al Ain University (AE), University of Edinburgh (GB)
Openalex Percentile: Top 49%
Freedom of Expression and Defamation
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Unraveling the 'Safe Harbor ': A Crucial Balance between Liability and Expression in Social Media Networks — Shuq Hussein, Ali Hadi Al-Obeidi · (2024) | TGRS Research Map | TGRS