Social networks’ liability models: between Portugal and Germany

Social networks have benefited from a liability model that departs from the traditional liability conception and that insulates online service providers from the obligation and the responsibility to surveil and monitor the actions of their users. This model is now in crisis and service providers find themselves more and more subjected to specific obligations to monitor under national european laws. This is in part the consequence of their own moderation efforts, which deems social networks knowleageable of illegal activities of their users. It seems that new models are emerging. Models that rely on self-, public, and hybrid solutions of co-regulation. The paper aims to assess and discuss some of these new models comparing the traditional approach of EU countries, with general contractual clauses under the E-Commerce Directive and the new german model of regulated self-regulation. The papers finishes by submitting both to the recent CJEU “Eva Glawischnig-Piesczek v. Facebook” decision.