The joint event of the series "Works in Progress in Private Ordering #3" (Convenors: Matthias C. Kettemann and Wolfgang Schulz from the HBI) and "Contract Decisions of Consumers between Law and Psychology" of the Institute for Civil Law, Foreign and International Private Law of the University of Graz (Head: Brigitta Lurger) is about consumer protection and freedom of opinion in social networks. The event takes place from 2 p.m. to 6 p.m.
Cooperation partners: Frankfurt Colloquium for Internet Research at the Research Network "Normative Orders" at the Goethe University Frankfurt (Convenors: Matthias C. Kettemann and Alexander Peukert) - Project "The Public International Law of the Internet" at the Humboldt Institute for Internet and Society (Head: Matthias C. Kettemann) - Energy Cluster "Governing Expression in Private-Public Normative Orders" at the Privacy and Sustainable Computing Lab, Vienna University of Economics and Business Administration (Head: Matthias C. Kettemann and Ben Wagner)
2:00 – 2:15 p.m.
Welcome and Introduction
2:15 – 3:00 p.m.
Privatautonomie, einseitige Regelsetzung, Entscheidungsforschung und staatliche Kontrolle [Private Autonomy, Unilateral Rule-Making, Decision Research and State Control]
How should consumer protection law react to the one-sided standardisation of Facebook if the classic information approach fails across the board? By concentrating on behavioral law and self-protection (like behavioral law and economics research in the USA)? Who defines the limits of self-protection beyond which others than the users themselves must ensure the protection of legal interests and fairness: Facebook themselves or the state? What form exactly should state control take? General terms and conditions control by courts, regulatory authorities as in the case of the DAWI? What are the public and private goals of state regulation: protection of freedom of decision, property interests, personal rights, basic rights such as freedom of opinion and privacy of users, democratic participation in the self-regulation of Facebook?
Brigitta Lurger (Graz)
3:00 – 3:15 p.m.
3:15 – 4:15 p.m.
Freedom of Expression
What is the relationship to rules for media companies? Where does what intensity of freedom of expression apply to whom and when? Does it depend on the size and influence of the platform operator, "how much" freedom of opinion applies there? And how does this freedom of opinion then find its way into the usage agreement or into the controlled system of the platform operator with all its details and differentiations?
Clara Rauchegger (Innsbruck) and Nikolas Raunigg (Graz)
4:15 – 4:30 p.m.
4:30 – 5:30 p.m.
How does the legal protection of Facebook users work in the system (Oversight Board) and outside? Which courts have general jurisdiction and which law is applicable? Which law does the Oversight Board apply? Can it also apply no external law, but only "its own" rules? If so, which rules? Is it to be treated as a private arbitration court? Under which law and by which civil courts is it to be controlled as an arbitral tribunal?
Matthias C. Kettemann (Hamburg) and Marlene Brosch (Luxembourg)
5:30 – 6:00 p.m.
Discussion and Networking
Institute for Civil Law, Foreign and International Private Law, University of Graz, Leibniz Institute for Media Research | Hans-Bredow-Institut (HBI) in cooperation with the Frankfurt Colloquium for Internet Research at the research association "Normative Orders" of the Goethe University Frankfurt (Convenors: Matthias C. Kettemann and Alexander Peukert), the project "Public International Law of the Internet" at the Humboldt Institute for Internet and Society and the Energy Cluster "Governing Expression in Private-Public Normative Orders" at the Privacy and Sustainable Computing Lab, Vienna University of Economics and Business
Leibniz-Institut für Medienforschung | Hans-Bredow-Institut (HBI)
Tel. +49 (0)40 45 02 17 36
Fax +49 (0)40 45 02 17 77