Regulating Content On Social Media
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Regulating Content on Social Media
How are users influenced by social media platforms when they generate content, and does this influence affect users’ compliance with copyright laws? These are pressing questions in today’s internet age, and Regulating Content on Social Media answers them by analysing how the behaviours of social media users are regulated from a copyright perspective. Corinne Tan, an internet governance specialist, compares copyright laws on selected social media platforms, namely Facebook, Pinterest, YouTube, Twitter and Wikipedia, with other regulatory factors such as the terms of service and the technological features of each platform. This comparison enables her to explore how each platform affects the role copyright laws play in securing compliance from their users. Through a case study detailing the content generative activities undertaken by a hypothetical user named Jane Doe, as well as drawing from empirical studies, the book argues that – in spite of copyright’s purported regulation of certain behaviours – users are 'nudged' by the social media platforms themselves to behave in ways that may be inconsistent with copyright laws. Praise for Regulating Content on Social Media 'This book makes an important contribution to the field of social media and copyright. It tackles the real issue of how social media is designed to encourage users to engage in generative practices, in a sense effectively “seducing” users into practices that involve misuse or infringement of copyright, whilst simultaneously normalising such practices.’ Melissa de Zwart, Dean of Law, Adelaide Law School, Australia "This timely and accessible book examines the regulation of content generative activities across five popular social media platforms – Facebook, Pinterest, YouTube, Twitter and Wikipedia. Its in-depth, critical and comparative analysis of the platforms' growing efforts to align terms of service and technological features with copyright law should be of great interest to anyone studying the interplay of law and new media." Peter K. Yu, Director of the Center for Law and Intellectual Property, Texas A&M University
Digital and Social Media Regulation
Digital and social media companies such as Apple, Google, and Facebook grip the globe with market, civic, and political strength akin to large, sovereign states. Yet, these corporations are private entities. How should states and communities protect the individual rights of their citizens – or their national and local interests – while keeping pace with globalized digital companies? This scholarly compendium examines regulatory solutions which encourage content diversity and protect fundamental rights. The volume compares European and US regulatory approaches, including closer focus on topics such as privacy, copyright, and freedom of expression. Further, we propose pedagogical models for educating students on possible regulatory regimes of the future. Our final chapter invites readers to consider social and digital media regulation for both this generation and the ones to come. Chapter(s) “Introduction: New Paradigms of Media Regulation in a Transatlantic Perspective”, “From News Diversity to News Quality: New Media Regulation Theoretical Issues” and “The Stakes and Threats of the Convergence Between Media and Telecommunication Industries” are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Free Speech and the Regulation of Social Media Content
Author: Valerie C. Brannon
language: en
Publisher: Independently Published
Release Date: 2019-04-03
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.