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Disputes with Internet platforms can take multiple forms. They can particularly result from the availability of illegal content on such platforms. Such disputes can take multiple forms which can range from IP infringements (specifically copyright and trademark infringement) to the violation of other rights (e.g. privacy, personal data disputes also resulting from cyber-breach). Traditional court litigation is frequently not adequate for solving these disputes because of its usual drawbacks in terms of accessibility, costs and duration.
This is why alternative dispute resolution mechanisms can offer a viable option for solving such Internet-related disputes and can help address the challenges of Massive Online Micro-Justice (MOMJ), i.e. an online justice system that aims at solving a massive amount of micro Internet-related disputes affecting citizens and companies alike that are presently submitted to online platforms and decided by them. On this basis, the presentation will discuss the need to develop global policies governing online alternative dispute resolution mechanisms which appears critical in order to avoid fragmentation and which appears necessary in order to maintain access to justice in cyberspace. The presentation will further analyze different policy projects that have been initiated in order to regulate Internet platforms from the perspective of the development of alternative dispute resolution mechanisms. It will specifically discuss the Recommendation of the European Commission on measures to effectively tackle illegal content online of March 1, 2018 and the Recommendation CM/Rec(2018)2 of the Committee of Ministers to member States on the roles and responsibilities of internet intermediaries of the Council of Europe adopted on March 7, 2018.