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Constitutionalising Social Media
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Book Synopsis Constitutionalising Social Media by : Edoardo Celeste
Download or read book Constitutionalising Social Media written by Edoardo Celeste and published by Bloomsbury Publishing. This book was released on 2022-06-30 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 the modern public square. The book analyses the ways in which online platforms exercise a sovereign authority within their digital realms, and sheds light on the ambiguous relationship between social media platforms and state regulators. The chapters critically examine multiple methods of constitutionalising social media, arguing that the constitutional response to the global challenges generated by social media is necessarily plural and multilevel. All topics are presented in an accessible way, appealing to scholars and students in the fields of law, political science and communication studies. The book is an essential guide to understanding how to preserve constitutional safeguards in the social media environment.
Book Synopsis The Content Governance Dilemma by : Edoardo Celeste
Download or read book The Content Governance Dilemma written by Edoardo Celeste and published by Springer Nature. This book was released on 2023 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 standards. This book examines this topic from a multidisciplinary perspective, drawing from the expertise of the authors in law, political science and communication studies. It provides a carefully reconstructed theory of the content governance dilemma, as well as pragmatic solutions for companies and policymakers. In this way, the book not only benefits academics by advancing the debate on content moderation issues, but also informs new policies and regulatory strategies by offering an up-to-date overview of rules and tools for content moderation, as well as an evaluation of their current level of compliance with standards emerged in international human rights law and digital constitutionalism initiatives. Edoardo Celeste is Assistant Professor of Law, Technology and Innovation and Director of the European Master in Law, Data and AI at the School of Law and Government, Dublin City University, Ireland. Nicola Palladino is a Research Fellow under the Human+ Co-Fund Marie Skodowska-Curie Programme at the Trinity Long Room Hub Arts and Humanities Research Institute, Trinity College Dublin, Ireland. Dennis Redeker is a Postdoctoral Researcher at ZeMKI, Centre for Media, Communication and Information Research, University of Bremen, Germany. Kinfe Yilma is Assistant Professor of Law at the School of Law, Addis Ababa University, Ethiopia.
Book Synopsis Digital Constitutionalism by : Edoardo Celeste
Download or read book Digital Constitutionalism written by Edoardo Celeste and published by Taylor & Francis. This book was released on 2022-10-13 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigating the impact of digital technology on contemporary constitutionalism, this book offers an overview of the transformations that are currently occurring at constitutional level, highlighting their link with ongoing societal changes. It reconstructs the multiple ways in which constitutional law is reacting to these challenges and explores the role of one original response to this phenomenon: the emergence of Internet bills of rights. Over the past few years, a significant number of Internet bills of rights have emerged around the world. These documents represent non-legally binding declarations promoted mostly by individuals and civil society groups that articulate rights and principles for the digital society. This book argues that these initiatives reflect a change in the constitutional ecosystem. The transformations prompted by the digital revolution in our society ferment under a vault of constitutional norms shaped for ‘analogue’ communities. Constitutional law struggles to address all the challenges of the digital environment. In this context, Internet bills of rights, by emerging outside traditional institutional processes, represent a unique response to suggest new constitutional solutions for the digital age. Explaining how constitutional law is reacting to the advent of the digital revolution and analysing the constitutional function of Internet Bills of Rights in this context, this book offers a global comparative investigation of the latest transformations that digital technology is generating in the constitutional ecosystem and highlights the plural and multilevel process that is contributing to shape constitutional norms for the Internet age.
Book Synopsis Data Protection Beyond Borders by : Federico Fabbrini
Download or read book Data Protection Beyond Borders written by Federico Fabbrini and published by Bloomsbury Publishing. This book was released on 2021-02-11 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.
Book Synopsis Free Speech and the Regulation of Social Media Content by : Valerie C. Brannon
Download or read book Free Speech and the Regulation of Social Media Content written by Valerie C. Brannon and published by Independently Published. This book was released on 2019-04-03 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Book Synopsis Global Communication Governance at the Crossroads by : Claudia Padovani
Download or read book Global Communication Governance at the Crossroads written by Claudia Padovani and published by Springer Nature. This book was released on 2024-01-24 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume addresses current challenges, trends and transformations in global communication governance. Exploring changes in the actors, issues, values and contexts of media and communications, it investigates the crossroads that media policy is facing and offers visions for the future. A diverse range of scholars and expert practitioners discuss what regulatory reforms and governing mechanisms are required to advance democratic participation and fundamental rights in platform societies. Organized around five sections, the volume considers the geopolitics of emerging communication orders; the changing roles of actors and stakeholders; the challenge of embedding rights and values in regulatory arrangements; the intersection of technology and policy; and the need to rethink epistemologies and methodologies for researching this field. Contributions from different disciplines and cultural backgrounds include provocative think pieces and longer analyses. All chapters are grounded in historically-aware understandings of contemporary transformations, while anticipating dynamics of our communication futures.
Download or read book Constitution 3.0 written by Jeffrey Rosen and published by Brookings Institution Press. This book was released on 2011 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Explores the challenges to constitutional values posed by sweeping technological changes such as social networks, brain scans, and genetic selection and suggests ways of preserving rights, including privacy, free speech, and dignity in the age of Facebook and Google"--
Book Synopsis The Networked Leviathan by : Paul Gowder
Download or read book The Networked Leviathan written by Paul Gowder and published by Cambridge University Press. This book was released on 2023-08-03 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governments and consumers expect internet platform companies to regulate their users to prevent fraud, stop misinformation, and avoid violence. Yet, so far, they've failed to do so. The inability of platforms like Facebook, Google, and Amazon to govern their users has led to stolen elections, refused vaccines, counterfeit N95s in a pandemic, and even genocide. Such failures stem from these companies' inability to manage the complexity of their userbases, products, and their own incentives under the eyes of internal and external constituencies. The Networked Leviathan argues that countries should adapt the institutional tools developed in political science for platform governance to democratize major platforms. Democratic institutions allow knowledgeable actors to freely share and apply their understanding of the problems they face while leaders more readily recruit third parties to help manage their decision-making capacity. This book is also available Open Access on Cambridge Core. For more information, visit https://networked-leviathan.com.
Download or read book Media Freedom written by Damian Tambini and published by John Wiley & Sons. This book was released on 2021-08-12 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contentious role of social media in recent elections and referendums has brought to the fore once again the fundamental question of media freedom and the extent to which, and the way in which, the media should be regulated in a modern democratic society. This book surveys the history of media in the US, the UK and Europe in order to develop a new theory of media freedom that is capable of resolving current controversies about how best to regulate the media, including the internet and social media. Tambini argues that democratic regulation of the media must build upon – and learn from – the long history of accommodation between the press, broadcasting, the state and corporate power. By attending to this history, we can see that media freedom is not absolute but rather conditional, taking the form of a social contract of privileges and connected duties. Tambini develops this social contract account of media freedom and applies it to different media sectors, from the press and broadcasting to the internet and social media. Above all, he argues for a renewed role for international human rights law standards in media governance, and an end to American exceptionalism. Written for students, scholars, policymakers and media professionals, this wide-ranging book will be of interest to everyone concerned about the role of the media in our societies and about the health of our democracies.
Book Synopsis New Media and Freedom of Expression by : András Koltay
Download or read book New Media and Freedom of Expression written by András Koltay and published by . This book was released on 2019 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principles of freedom of expression have been developed over centuries. How are they preserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of internet as a specific medium. It then turns to analysing the legal issues relating to the operations of the three most important gatekeepers (ISPs, search engines and social media platforms) that affect freedom of expression. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international (Council of Europe, European Union) developments, as well as the jurisprudence of the European Court of Human Rights.
Book Synopsis Constitutionalizing Economic Globalization by : David Schneiderman
Download or read book Constitutionalizing Economic Globalization written by David Schneiderman and published by Cambridge University Press. This book was released on 2008-03-27 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions – between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.
Book Synopsis Social Media, Freedom of Speech, and the Future of Our Democracy by : Lee C. Bollinger
Download or read book Social Media, Freedom of Speech, and the Future of Our Democracy written by Lee C. Bollinger and published by Oxford University Press. This book was released on 2022-08-05 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: A broad explanation of the various dimensions of the problem of bad speech on the internet within the American context. One of the most fiercely debated issues of this era is what to do about bad speech-hate speech, disinformation and propaganda campaigns, and incitement of violence-on the internet, and in particular speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy, Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of bad speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote the public interest. Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era.
Book Synopsis From Smartphones to Social Media by : Mark Carrier
Download or read book From Smartphones to Social Media written by Mark Carrier and published by Bloomsbury Publishing USA. This book was released on 2018-10-18 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how today's technology, as it includes smartphones, computers, and the internet, shapes our physical health, cognitive and psychological development, and interactions with one another and the world around us. Technology has become a ubiquitous part of modern life, but its impact on our physical, psychological, and social health and development runs just as deep as does our dependence upon it. How is the development of babies' brains affected by their playing with their parents' smartphones and tablets? How have computers altered the way we process and learn information? How have texting and social networking sites such as Facebook changed the way in which we interact with others? Can online dating lead to meaningful real-world relationships? From Smartphones to Social Media investigates these questions and many complex issues related to technology. Readers will discover what researchers know about how the use of technology affects us through accessibly written, thematic chapters. The main text is complemented by a collection of case studies and interviews with a variety of experts, providing insight into how technology's positive and negative effects manifest in our everyday lives and what we can do to mediate the negative ones.
Book Synopsis Governing Europe under a Constitution by : Herm.-Josef Blanke
Download or read book Governing Europe under a Constitution written by Herm.-Josef Blanke and published by Springer Science & Business Media. This book was released on 2006-02-28 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume contains articles from high-ranking experts from politics and academia of different Member States about the basic principles of the actual constitutional law of the European Union and its need of reform through a Constitution for Europe. By analysing the rules to govern a Europe of 25 and in time 28 and more Member States the publication intends to make a contribution to the emerging "Ius Publicum Europaeum".
Book Synopsis Social Forces in the Making of the New Europe by : Andreas Bieler
Download or read book Social Forces in the Making of the New Europe written by Andreas Bieler and published by Springer. This book was released on 2001-06-26 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main argument of this book is that the revival of European integration in the mid-1980s and the emergence of a "New Europe" have to be analyzed against the background of globalization and the transnational restructuing of social forces since the early 1970s.
Book Synopsis (In)visible European Government by : Maarten Hillebrandt
Download or read book (In)visible European Government written by Maarten Hillebrandt and published by Taylor & Francis. This book was released on 2023-12-22 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book questions the theoretical premises and practical applications of transparency, showing both the promises and perils of transparency in a methodologically innovative way and in a cross-section of policy instruments. It scrutinizes transparency from three perspectives - methodologically, theoretically, and empirically - both in the specific context of the EU but also in the wider context of modern society in which transparency is embraced as an almost unquestionable virtue. This book examines the ways in which transparency practices can make institutions visible and stands out for its methodological self-reflection: to fully understand the irresistible call for transparency in our governing institutions, we must reflect on our own relationship with it. This book will be of key interest to scholars and students of transparency studies, democratic legitimacy, global governance, governance law, EU studies and law and public policy more widely.
Book Synopsis Judging Social Rights by : Jeff King
Download or read book Judging Social Rights written by Jeff King and published by Cambridge University Press. This book was released on 2012-05-10 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jeff King argues in favour of constitutionalising social rights, and presents an incrementalist approach to judicial enforcement.
