Regulating Private Harms Online: Content Regulation under Human Rights Law

Land, Molly K.

doi:10.7551/mitpress/11304.003.0018

Cited by 10 publications

(8 citation statements)

References 5 publications

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“…In any case, the concept of regulation expands well beyond the theory of economy and covers the field of standard-setting and administration. Some scholars have talked about the benefits of regulation against consumer exploitation, environmental misdoings and other activities in a rather pragmatistic way (Koop & Lodge, 2015;Marx, 2011). Moreover, one could not neglect adding to this long interdisciplinary list, the framing of regulation by social and political sciences as a means of control (Beresford, 2003;Levi-Faur, 2011, pp.…”

Section: Towards a Definition Of Regulation And Governance Regulationmentioning

confidence: 99%

“…Moreover, one could not neglect adding to this long interdisciplinary list, the framing of regulation by social and political sciences as a means of control (Beresford, 2003;Levi-Faur, 2011, pp. 3, 16) that, inter alia, seeks to dictate a change in behaviour (Koop & Lodge, 2015). It is, thus, clear that there is not one single definition for regulation.…”

Section: Towards a Definition Of Regulation And Governance Regulationmentioning

confidence: 99%

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The existential stakes of platform governance and online content regulation: a critical conceptual model

Papaevangelou¹

2021

Open Res Europe

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This study introduces a comprehensive yet non-exhaustive overview of literature concerning the concepts of regulation and governance, and attempts to connect them to scholarly works that deal with social media platforms’ content regulation. The paper provides fundamental definitions of regulation and governance, along with a critique of polycentricity, in order to contextualise the discussion around platform governance and online content regulation. Regulation is framed here as a governance mechanism within a polycentric governance model where stakeholders have competing interests, even if sometimes they coincide. Moreover, where traditional governance literature conceptualised stakeholders as a triangle, this article proposes imagining them as overlapping circles of governance clusters with competing interests, going beyond the triad of public, private and non-governmental actors. Finally, the paper contends that that there exists a timely need to reimagine the way in which we understand and study phenomena appertaining to public discourse by adopting the platform governance perspective, which is framed as the advancement of internet governance. Finally, the article ascertains to study the governance of online content and social media platforms not as a sub-section of internet governance but as a conceptual evolution with existential stakes.

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Section: Towards a Definition Of Regulation And Governance Regulationmentioning

confidence: 99%

Section: Towards a Definition Of Regulation And Governance Regulationmentioning

confidence: 99%

The existential stakes of platform governance and online content regulation: a critical conceptual model

Papaevangelou¹

2021

Open Res Europe

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“…Technology is often viewed as a means to decentralize and destabilize power relationships, evenas one of us has argued-presenting the opportunity to democratize human rights fact finding and advocacy (Land 2015). Although the development of open source investigations can play a crucial role in accountability efforts (Dubberley et al 2020), the emancipatory possibilities of technology for human rights advocacy as a whole have not largely been borne out in practice.…”

Section: Power and Inequalitymentioning

confidence: 99%

“…Indeed, in many areas these private companies are increasingly being deployed as agents of governance and regulation (Bloch-Wehba 2019, Langvardt 2018. In particular, governments are delegating authority to private companies to regulate expressive activity online (Land 2020). Private companies routinely decide whether evidence of human rights violations uploaded to a private platform will be publicly available.…”

Section: Private Authoritymentioning

confidence: 99%

Human Rights and Technology: New Challenges for Justice and Accountability

Land

Aronson

2020

Annu. Rev. Law. Soc. Sci.

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This review surveys contemporary challenges in the field of technology and human rights. The increased use of artificial intelligence (AI) in decision making in the public and private sectors—e.g., in criminal justice, employment, public service, and financial contexts—poses significant threats to human rights. AI obscures and attenuates responsibility for harms in ways that undermine traditional mechanisms for holding wrongdoers accountable. Further, technologies that scholars and practitioners once thought would democratize human rights fact finding have been weaponized by state and non-state actors. They are now used to surveil and track citizens and spread disinformation that undermines public trust in knowledge. Addressing these challenges requires efforts to ensure that the development and implementation of new technologies respects and promotes human rights. Traditional distinctions between public and private must be updated to remain relevant in the face of deeply enmeshed state and corporate action in connection with technological innovation. Expected final online publication date for the Annual Review of Law and Social Science, Volume 16 is October 13, 2020. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

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“…Recently, a significant volume of scholarly work has embraced the burgeoning use of notions like platform governance ( Caplan & Gillespie, 2020 ; Fan & Zhang, 2020 ; Gorwa, 2019b ; Haggart, 2020 ; Mazzucato et al , 2020 ; Napoli, 2015 ) and online content regulation ( Douek, 2021 ; Gorwa, 2019a ; Land, 2019 ). This has further expanded the interdisciplinary boundaries of literature that relate to regulation and governance, and has effectively consolidated the concept.…”

Section: Introductionmentioning

confidence: 99%

The existential stakes of platform governance: a critical literature review

Papaevangelou¹

2021

Open Res Europe

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This study introduces a comprehensive overview of literature concerning the concepts of regulation and governance, and attempts to connect them to scholarly works that deal with the governance of and by social media platforms. The paper provides fundamental definitions of regulation and governance, along with a critique of polycentricity or multi-stakeholderism, in order to contextualise the discussion around platform governance and, subsequently, online content regulation. Moreover, where traditional governance literature conceptualised stakeholders as a triangle, this article proposes going beyond the triad of public, private and non-governmental actors, to account for previously invisible stakeholder clusters, like citizens and news media organisations. This paper also contends that, while platform governance is an important field of study and practice, the way it has been structured and investigated so far, is posing an existential risk to the broader internet governance structure, primarily, because of the danger of conflating the internet with platforms. As a result, there exists a timely need to reimagine the way in which we understand and study phenomena related to platform governance by adjusting our conceptual and analytical heuristics. So, this article wishes to expand the theorisation of this field in order to better engage with complicated platform governance issues, like the development of regulatory frameworks concerning online content regulation.

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Regulating Private Harms Online: Content Regulation under Human Rights Law

Cited by 10 publications

References 5 publications

The existential stakes of platform governance and online content regulation: a critical conceptual model

The existential stakes of platform governance and online content regulation: a critical conceptual model

Human Rights and Technology: New Challenges for Justice and Accountability

The existential stakes of platform governance: a critical literature review

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