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1 This research was started during the Del Amo Scholarship stay at Berkeley, California (Summer 2017). This work was also produced as part of the Ministry of Science Projects DER2015-65810-P as well as the PID2019–105334RB-I00. Loreto Corredoira is Principal Researcher with Rafael Rubio of the last one.

2 Press conference by Emmanuel Macron. https://www.pscp.tv/w/1mrGmZQokVdJy. (no longer available)

3 Trading of BitCoin on Wall Street since December 2017 can be followed at http://quotes.wsj.com/fx/BTCUSD (accessed January 13, 2021).

4 Facebook announced a major change in January 2018. See online press release at https://about.fb.com/news/2018/04/inside-feed-meaningful-interactions/ (accessed January 13, 2021).

5 More recently, the Supreme Court ruling of February 28, 2018 (95/2018), exonerated R. Vera, who as user@cassandra mocked the ETA attack against Carrero Blanco in the Franco era as “humiliation of the victims” and “glorification of terrorism.” The family of Carrero Blanco had requested a verdict of not guilty because they considered that a guilty verdict would have been disproportionate to the act. The court ruled that no risk of violent crime existed.

6 The legislative proceedings related to the new Directive can be followed at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=consil:ST_15651_2017_INIT (accessed January 13, 2021). The position of the French, Spanish, and Portuguese delegations can be seen in their Working Paper of October 2, 2017, that was sent to the Council (WK 10644/2017 INIT) Final text Directive (EU) 2018/1808 of the European Parliament and of the Council of November 14, 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation, or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities.

7 See, for example, the 57 organizations that requested the elimination of a requirement that access and storage providers filter content (Malcolm 2017). See also their open letter to the European Union (Civil Liberties Union for Europe 2017) https://www.eff.org/deeplinks/2018/10/effs-letter-eus-copyright-directive-negotiators (accessed January 13, 2020).

8 See the website related to the 2003 Geneva Declaration here: https://www.itu.int/net/wsis/geneva/index.html (accessed January 13, 2020).

9 Comment, 45. States should recognize and respect that element of the right of freedom of expression that lies behind the limited journalistic privilege not to disclose information sources.

10 10 See, for example, Spanish legislation (Real Decreto Legislativo 1/1996, Texto Refundido de la Ley de Propiedad Intelectual).

11 11 See Comment no. 34, Human Rights Committee (UN 2011).

12 12 Cfr. Comment “Any restrictions on the operation of websites, blogs or any other internet-based, electronic or other such information dissemination system, including systems to support such communication, such as internet service providers or search engines, are only permissible to the extent that they are compatible with paragraph 3. Permissible restrictions generally should be content-specific; generic bans on the operation of certain sites and systems are not compatible with paragraph 3. It is also inconsistent with paragraph 3 to prohibit a site or an information dissemination system from publishing material solely on the basis that it may be critical of the government or the political social system espoused by the government”.

13 13 Hill v. Colorado (2000), available at https://www.law.cornell.edu/supct/html/98-1856.ZS.html(accessed January 13, 2021): “Unlawful for any person within 100 feet of a health care facility’s entrance to ‘knowingly approach’ within 8 feet of another person, without that person’s consent, in order to pass ‘a leaflet or handbill to, display a sign to, or engage in oral protest, education, or counseling with [that] person.’”

14 14 Spain’s first professor of media business and its first author to write on the subject.

15 15 Comment n. 25, Human Rights Committee (2011), Freedom of expression and political rights n. 20.

16 16 See the Preface of this book by Professor Monroe Price as well as his book Free Expression, Globalism and the New Strategic Communication (2014) and other previous contributions related to Technologies of Freedom, specially Ithiel de Sola Pool university \9 1983).

17 17 Judgment of the Court (Grand Chamber), May 13, 2014. Google Spain SL and Google Inc. v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González. Available in English at: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62012CJ0131&from=EN (accessed January 13, 2021).

18 18 Journalist and blogger: Diario 14 y medio: https://twitter.com/14ymedio (accessed January 13, 2021).

The Handbook of Communication Rights, Law, and Ethics

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