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Back up: Can users sue platforms to reinstate deleted content?

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  • Kettemann, Matthias C.
  • Tiedeke, Anna Sophia

Abstract

A private order of public communication has emerged. Today, social network services fulfill important communicative functions. A lot has been written about the failings of companies in deleting problematic content. This paper flips the question and asks under which conditions users can sue to reinstate content and under which circumstances courts have recognised "must carry" obligations for social network services. Our analysis, an initial comparative analysis of case law on the reinstatement of user-generated content, will point to a larger issue of systemic relevance, namely the differences in treatment of states and private companies as threats to and/or guarantors of fundamental rights in the United States and in Germany. It is a contribution to the important debate on the interaction of states and platforms in governing online content.

Suggested Citation

  • Kettemann, Matthias C. & Tiedeke, Anna Sophia, 2020. "Back up: Can users sue platforms to reinstate deleted content?," Internet Policy Review: Journal on Internet Regulation, Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin, vol. 9(2), pages 1-20.
    • Handle: RePEc:zbw:iprjir:218939
    DOI: 10.14763/2020.2.1484
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    References listed on IDEAS

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    4. Coche, Eugénie, 2018. "Privatised enforcement and the right to freedom of expression in a world confronted with terrorism propaganda online," Internet Policy Review: Journal on Internet Regulation, Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin, vol. 7(4), pages 1-17.
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