The incessant increase of torts committed in digital environments, even more evident in the social networking platforms due to their potential in terms of accessibility and dissemination of the information, amplifies the requests for accountability of the Net and the need to find a balance between the development of the economic and social dimension and the protection of users' individual rights. Specifically, the analysis of social platforms has led to detect multiple critical issues, not only in terms of the contractual relationship between users and service providers, but also with respect to the rights of third parties harmed by the dissemination of contents placed on the platform. Although the interaction between the management of personal information and the protection of users and third parties’ rights may call into play both the contractual and the tortious liability, the outcomes reached by previously conducted studies have made it possible to limit the ambit of the outstanding analysis to the latter. Within this framework, this research aims to verify the allocation of responsibility between the user and the social network provider for the violation of third party rights, with respect to the content generated by users. The proposed solutions to the problems of responsibility are addressed from the perspective of coordination between technical remedies and legal rules.

I Social network e la responsabilità civile per la violazione dei diritti dei terzi / Manunta, Alessandra. - (2020).

I Social network e la responsabilità civile per la violazione dei diritti dei terzi

MANUNTA, Alessandra
2020-01-01

Abstract

The incessant increase of torts committed in digital environments, even more evident in the social networking platforms due to their potential in terms of accessibility and dissemination of the information, amplifies the requests for accountability of the Net and the need to find a balance between the development of the economic and social dimension and the protection of users' individual rights. Specifically, the analysis of social platforms has led to detect multiple critical issues, not only in terms of the contractual relationship between users and service providers, but also with respect to the rights of third parties harmed by the dissemination of contents placed on the platform. Although the interaction between the management of personal information and the protection of users and third parties’ rights may call into play both the contractual and the tortious liability, the outcomes reached by previously conducted studies have made it possible to limit the ambit of the outstanding analysis to the latter. Within this framework, this research aims to verify the allocation of responsibility between the user and the social network provider for the violation of third party rights, with respect to the content generated by users. The proposed solutions to the problems of responsibility are addressed from the perspective of coordination between technical remedies and legal rules.
2020
Social network; responsabilità; illecito
I Social network e la responsabilità civile per la violazione dei diritti dei terzi / Manunta, Alessandra. - (2020).
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11388/250091
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