Treffer: Freedom of expression, Tort Law and liability of internet content providers: a transversal study.
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This paper seeks to shed light on enterprise liability, an institution that was largely unknown in Tort Law until recently. The European Group on Tort Law introduced and regulated it innovatively in the Principles of European Tort Law (PETL, Art. 4:202).In this context, the European Union appears to be the only actor capable of reaffirming enterprise liability. Recent EU regulations, binding on Member States, explicitly recognize legal persons as potential subjects of liability for compensating third-party damages. The Fourth Industrial Revolution has further emphasized the need for national legal systems to strengthen enterprise liability. A clear example is the liability of online platforms for illicit content posted by users and made publicly available by intermediaries. Traditional Tort Law struggles to address this issue. Given its cross-border nature, the problem calls for a uniform solution. The legal doctrine adapted traditional Tort Law by framing intermediary liability within the broader concept of liability for the acts of others. Legal scholars have long pointed out the challenges of applying liability for the acts of others to intermediaries. The general clause of enterprise liability offers a promising alternative, addressing key shortcomings of the aforementioned model. [ABSTRACT FROM AUTHOR]