THE LEGAL STATUS OF INFORMATION INTERMEDIARIES AND THE RIGHT OF ACCESS TO INFORMATION: A COMPARATIVE AND NORMATIVE ANALYSIS

Abstract

This article examines the legal status of information intermediaries and their right of access to information in the context of contemporary digital communication. The study proceeds from the premise that information intermediarie such as search engines, hosting providers, social networks, and content aggregation platforms have evolved beyond purely technical service providers and now play a decisive role in shaping information circulation and public discourse. Despite this functional transformation, existing legal frameworks in the United States, the European Union, Germany, France, and the Russian Federation continue to regulate information intermediaries primarily on the basis of property rights and contractual freedom. Using comparative and doctrinal legal analysis, the article demonstrates that prevailing regulatory models inadequately reflect the social role of information intermediaries and disrupt the balance between proprietary interests and freedom of information. Special attention is paid to intermediary immunity regimes, algorithmic content governance, and the lack of clearly defined public-interest obligations. The article argues that excessive reliance on contractual and property-based mechanisms limits access to socially significant information and weakens the protection of fundamental rights related to information access. In conclusion, the article substantiates the need for a revised legal approach that reconceptualizes information intermediaries as hybrid legal subjects simultaneously private-law actors and entities bearing responsibility for safeguarding public interests. It proposes the development of a balanced regulatory model aimed at harmonizing freedom of access to information with the protection of property rights through transparency, accountability, and proportional legal obligations.