For years, one of the central questions in platform liability law has been deceptively simple: Is an online service merely storing and transmitting information provided by its users, or is it actively shaping how that information reaches others?
A recent judgment from the Court of Justice of the European Union (CJEU) suggests that, in an online environment increasingly driven by algorithmic curation, the answer may increasingly tilt toward the latter where a provider uses algorithms to shape how user-provided information is disseminated.
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