Learning Outcomes:
On completion of this module students will be able to:
* Describe the main legal rules and non-statutory regulations which shape the conduct of internet business and users in Ireland.
* Discuss and critically assess the way in which internet regulation has developed at a national and European level.
* Assess factual situations relating to internet use, identify relevant legal rules, and advise on the rights and liabilities arising out of those situations.
Indicative Module Content:
The main issues that will be covered in this module include:
• The importance of the internet in modern society, in terms of the free flow of information, the conducting of business, and the assertion of fundamental rights such as freedom of expression.
• The operations of the main internet platforms such as internet services providers (email hosts, domain name registration, internet access providers), e-commerce platforms (online marketplace, auction sites, payment systems), participative networking platforms (social media, video-sharing and blogging platforms), and internet search engines. The key pieces of legislation governing these platforms will be examined, their liability for the content they host, and developing plans to impose further regulation at both domestic and international level.
• Harmful speech online, and the specific issues pertaining to defamation, harassment and hate speech online. This will include a look behind the media headlines concerning such recurring topics as “revenge porn”, “cancel culture” and “fake news”, and a detailed consideration of the legal principles pertaining to each.
• The scope of Data Protection law, the main provisions of the GDPR, and the parameters and emerging case law of the “Right to be Forgotten”.
• How the internet has changed the way we work and conduct commercial transactions, and the law concerning online advertising, online reviews and the “gig economy”.
• The challenges to intellectual property rights created by the internet, including large scale copyright violations, trade-mark appropriation in online advertising, and domain name disputes.
• The prosecution of cybercrime such as hacking, fraud and sexual offences.
• How the internet has affected court procedures, including the introduction of remote hearings, the use of evidence from social media platforms, and the challenges of preventing contempt of court via the internet.