Sulle nuove autorità private: le clausole di moderazione dei contenuti online

This article deep dives into the clauses that provide the hosting providers with the power, right or, according to one trend, duty, to restrict users’ possibility to use the platform in case of infringement of the platform’s terms and conditions. The oldest case-law trend, relying on categories created by the judges, has denied the validity of these clauses when they limit the free speech area and are applied by widely used platforms. Valuing Article 41 of the Italian Constitution, a recent trend, more sensible, recognizes the validity of the clauses even when limiting the free speech area, as far as the limits of private autonomy are met. The article delves into the logical argumentative paths of the case-law trends and lists the relevant court precedents, both national and foreign, which cannot always be found in the databases.