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73 Mercer L. Rev. 523 (2021-2022)
The Protection of Freedom of Expression from Social Media Platforms

handle is hein.journals/mercer73 and id is 533 raw text is: The Protection of Freedom of
Expression from Social Media
Platforms
AndrAs Koltay*
I. INTRODUCTION
Social media platforms have overturned the previously known
system of public communication. As predicted at the outset, the spread
of the public Internet that started three decades ago has resulted in a
paradigm shift in this field. Now, anyone can publish their opinion
outside the legacy media, at no significant cost, and can become known
and be discussed by others. Due to the technological characteristics of
the Internet, it might also be expected that this kind of mass
expression, with such an abundance of content, would necessitate the
emergence of gatekeepers, similar in function to the ones that existed
earlier for conventional media. The newsagent, post office, and cable or
satellite services have been replaced by the Internet service provider,
the server (host) provider and the like. However, no one could have
foreseen that the new gatekeepers of online communication would not
only be neutral transmitters or repositories but also active shapers of
the communication process, deciding on which user content on the
Internet they deemed undesirable and deciding which content, out of all
the theoretically accessible content, is actually displayed to individual
users. Content filtering, deleting, blocking, suspending, and ranking are
*Professor of Law, University of Public Service (Budapest) and P6zm6ny Peter Catholic
University (Budapest). I would like to thank the valuable comments, suggestions and
support of RonNell Andersen Jones, Jon Garon, Margaret Hu, Seth Oranburg, Sue
Painter-Thorne, Eric J. Segall, Gary Simson, and Russell L. Weaver, participants of the
Symposium of the Mercer Law Review on October 8, 2021. Thanks are also due to the
organizers and participants of the Media Law & Policy Scholars Conference 2022
(organized at the University of Texas at Austin), especially to the generous discussant of
my paper, Professor Rob Kahn. I am also grateful to tdua Remenyi, who did a sterling job
editing my earlier manuscripts, and to Szabolcs Nagy and to Steven Patrick who helped
me with the English adaptation of my original drafts.

523

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