Free Speech In The Puzzle Of Content Regulation
Download Free Speech In The Puzzle Of Content Regulation PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Free Speech In The Puzzle Of Content Regulation book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages.
Free Speech in the Puzzle of Content Regulation
This book explores the intersection of law and technology, focusing on online speech regulations and their complex interplay with free speech in the digital age. It identifies three primary regulatory models – self-regulation, external regulation, and co-regulation – and examines how each model presents recurring challenges in both content moderation and the protection of free speech. The study delves into the regulation of harmful speech, including defamation, violence, misinformation, and propaganda, highlighting the tensions between regulating prohibited content and preserving free speech online. Additionally, the book addresses digital authoritarianism and its manifestation in regulatory approaches, particularly the Chinese model of content regulation. It also scrutinizes platform-driven regulation, assessing the challenges posed by both human and AI-driven content moderation. Through a comparative analysis of legal frameworks across key jurisdictions – including the United States (Section 230 of the Communications Decency Act), Germany (the Network Enforcement Act), India (the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021), and Sri Lanka (the Online Safety Act, 2024) – the book examines how these frameworks navigate the balance between free speech rights and platform responsibilities, in these jurisdictions with the distinct context, power asymmetry of authorities with the platforms, political and cultural landscape, and social media market. It further explores how these evolving models reflect significant differences in the roles of governments, platforms, regulatory authorities, standards, and compliance mechanisms. By engaging in a scholarly discussion on these issues from a legal and regulatory perspective, this book seeks to strike a balance between online free speech and legitimate restrictions. It provides a comparative lens on Western jurisprudence and the Majority World, linking common themes across jurisdictions to shed light on the intricate challenges of regulating online speech. In doing so, the book addresses a gap in the existing literature, offering a much-needed foundation for developing and updating both internal and external regulatory frameworks.
Regulating Free Speech in a Digital Age
Hateful thoughts and words can lead to harmful actions like the March 2019 terrorist attack on mosques in Christchurch, New Zealand. In free, open and democratic societies, governments cannot justifiably regulate what citizens think, feel, believe or value, but do have a duty to protect citizens from harmful communication that incites discrimination, active hostility and violence. Written by a public policy advisor for fellow practitioners in politics and public life, this book discusses significant practical and moral challenges regarding internet governance and freedom of speech, particularly when responding to content that is legal but harmful. Policy makers and professionals working for governmental institutions need to strike a fair balance between protecting from harm and preserving the right to freedom of expression. And because merely passing laws does not solve complex social problems, governments need to invest, not just regulate. Governments, big tech and the private sector, civil society, individual citizens and the fourth estate all have roles to play, and counter-speech is everyone’s responsibility. This book tackles hard questions about internet governance, hate speech, cancel culture and the loss of civility, and illustrates principled pragmatism applied to perplexing policy problems. Furthermore, it presents counter-speech strategies as alternatives and complements to censorship and criminalisation.
Access-right
Copyright law has become the subject of general concerns that reach beyond the limited circles of specialists and prototypical rights-holders. The role, scope and effect of copyright mechanisms involve genuinely complex questions. Digitization trends and the legal changes that followed drew those complex matters to the center of an ongoing public debate. In Access-Right: The Future of Digital Copyright Law, Zohar Efroni explores theoretical, normative and practical aspects of premising copyright on the principle of access to works. The impetus to this approach has been the emergence of technology that many consider a threat to the intended operation, and perhaps even to the very integrity, of copyright protection in the digital setting: It is the ability to control digital works already at the stage of accessing them by means of technological protection measures. The pervasive shift toward the use of digital technology for the creation, dissemination, exploitation and consumption of copyrighted material warrants a shift also in the way we perceive the structure of copyright rules. Premising the copyright order on the concept of digital access first calls for explaining the basic components of proprietary access control over information in the abstract. The book then surveys recent developments in the positive law, while showing how the theoretical access-right construct could explain the logic behind them. Finally, the book critically analyzes existing approaches to curbing the resulting problems of imbalance and overprotection, which are said to disadvantage users. In conclusion, the book advocates for a structural overhaul of our current regulative apparatus. The proposed reform involves a series of changes in the way we define copyright entitlements, and in the way in which those entitlements may interrelate within a single, coherent scheme.