| Abstract [eng] |
The first part of this paper analyzes the interaction between illegal and harmful content on the internet, paying special attention to the differences between these concepts and the issue of relevant international legal regulation. One of the main criteria for distinguishing between these types of content has been found to be the existence of a violation of human rights or freedoms, meaning that illegal content, despite its nature, always violates certain human rights or freedoms, while harmful content has negative impact on the emotions and beliefs of individuals, but in legal sense does not violate any rights or freedoms. The lack of an international legal framework defining more specific boundaries for illegal and harmful content aimed at the protection of human rights and the need to shape such a regulation in the future have also been identified. The second part of this paper examines specific measures to combat illegal content on the internet (incorporation of human rights principles into online platforms, blocking access to the website, filtering and removing content). Based on doctrine, international human rights treaties, the case law of the ECtHR and the ECJ, a few conclusions were made: firstly, human rights protection policies based on a self-regulatory principle of online platforms are ineffective, secondly, all criteria regarding the compliance with Article 10 of the Convention are necessary for a measure to be considered proportionate, thirdly, internet service providers may be required to supervise content, even though they are not responsible for uploading it. The third part of this paper discusses the case of disinformation as illegal content, focusing on its interaction with freedom of expression. At the same time, the issue of disinformation in the context of military intervention, the global pandemic is discussed, highlighting the lack of effective international regulation that defines the response and actions of states to control disinformation. |
