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Constitutionalising Social Media
This book explores to what extent constitutional principles are put under strain in the social media environment, and how constitutional safeguards can be established for the actors and processes that govern this world: in other words, how to constitutionalise social media. Millions of individuals around the world use social media to exercise a broad range of fundamental rights. However, the governance of online platforms may pose significant threats to our constitutional guarantees. The chapters in this book bring together a multi-disciplinary group of experts from law, political science, and communication studies to examine the challenges of constitutionalising what today can be considered...
Media Law in Brazil
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in Brazil surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting,...
The Content Governance Dilemma
This open access book is one of the first academic works to comprehensively analyse the dilemma concerning global content governance on social media. To date, no single human rights standard exists across all social media platforms, allowing private companies to set their own rules, values and parameters. On the one hand, this normative autonomy raises serious concerns, primarily around whether companies should be permitted to establish the rules governing free speech online. On the other hand, if social media platforms simply adopted international law standards, they would be compelled to operate a choice on which model to follow, and put in place mechanisms to uphold these general standard...
The Networked Leviathan
This book offers a social-science-informed program to democratize the major internet companies that are unable to govern their users.
Exception and Harmonization
The article discusses a selection of theoretical inputs underlying discussions on the regulation of Internet-based services. Since the Internet's expansion into civilian use in the 1990s, the debate on regulation of specific digital markets (e.g. audiovisual services, social networks or transportation services) has skirted around the ideas of exception and harmonization. That is to say that stakeholders have often approached these debates from the narrow perspectives of topical sectoral conflicts of interest, where policy choices swung between extension of pre-existing legislation to new services and exceptional measures (which often meant no measure). There are, however, theoretical framewo...
The Rule of Law in Cyberspace
The rule of law in cyberspace currently faces serious challenges. From the democratic system to the exercise of fundamental rights, the Internet has raised a host of new issues for classic legal institutions. This book provides a valuable contribution to the fields of international, constitutional and administrative law scholarship as the three interact in cyberspace. The respective chapters cover topics such as the notion of digital states and digital sovereignty, jurisdiction over the Internet, e-government, and artificial intelligence. The authors are eminent scholars and international experts with a profound knowledge of these topics. Particular attention is paid to the areas of digital ...
Digital Bouncers
Online content moderation is a well-known phenomenon. However, no consistent pattern exists on how it is done or how it is legally dealt with. This book addresses the complex issue of questionable content removals and account suspensions on social media platforms in the European Union, solving the existing legal ambiguity with a powerful roadmap designed to guide decision-makers in navigating online access rights and moderation issues. The roadmap’s elements are deduced from a technology-neutral comparative case law study of four Member States (Denmark, Germany, Italy, and the Netherlands) based on rigorous selection criteria that highlight the most salient distinctions that characterise l...
The Politics of Platform Regulation
In The Politics of Platform Regulation, Robert Gorwa outlines how governments are shaping the emerging space of online safety. Through case studies from Germany, the United States, New Zealand, and Australia, Gorwa explores the domestic and international politics that influence how, why, and when platform regulation comes into being. Going beyond existing work that explores the hidden private rules and practices increasingly shaping our online lives, The Politics of Platform Regulation is a measured empirical and theoretical account of how the state is pushing back.
