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Internet Publishing in the EC Legal Regime

Joanna Kulesza, University of Lodz, Faculty of Law and Administration, has published “Which Legal Standards Should Apply To Web-logs? The Present Legal Position of Internet Journals in the European Jurisprudence in the Light of the European Parliament Committee’s on Culture and Education Report and Polish Supreme Court Decision,” in 13 Lex Electronica (2009). Here is the abstract.

 

The article discusses the legal status of weblogs and examines whether legal standards applicable to traditional press and media should be applied to that specific forum. The analysis is based on two key documents: the Draft Report on the concentration and pluralism in the media in European Union (2007/2253(INI)) of the European Parliament Committee on Culture and Education presented in March 2008 and a landmark decision of the Polish Supreme Court from July 26, 2007 (IV KK 174/07) in the light of present judicial tendency in other European countries. The article aims to examine the status of Internet logs as press and seeks the compromise between the concerns expressed by European authorities and the freedom of thought and speech exercised on the Internet. It proposes an amendment of the existing legal definitions of press to include such an activity and surrendering the web-log journalism to press standards on either obligatory or voluntary basis.

Download the Article from SSRN here.