Abstract
This paper analyzes the apparently emerging phenomenon of private regulation through ad hoc online coalitions. It evaluates the online cost structures that permit and shape the collective action underlying this phenomenon. It also evaluates the motivations and capacity necessary in particular circumstances to inspire such regulation. The paper concludes that a necessary motivation is the perception of both a market and a government failure, and the necessary capacity is essentially a function of willing participants. As this paper's primary case study targeted speech, many of the paper's conclusions are particularly relevant for future instances of private speech regulation. As a result, the paper addresses some normative implications of campaigns aimed at private speech. The primary case study centers on the online coalition that coalesced and dissolved around the acts of Sinclair Broadcasting Group less than a month before the 2004 presidential election. The onling campaign attempted to punish a private party; other campaigns in the following weeks attempted to aid other private parties. All such campaigns will become more common. This paper attempts a first analysis of their mechanisms, possible effects, and implications.
Highlights
Less than a month before the 2004 presidential election, newspapers reported that Sinclair Broadcasting Group would require its 62 broadcast stations to air Stolen Honor, a documentary attacking Democratic presidential candidate John Kerry
Steve Soto observed that online costs permitted new activism to counter the stunt, even if the government would not. He suggested challenging Sinclair's license renewals to burden Sinclair with lawyer fees though he said he had "no illusions that the FCC and Michael Powell [the Republican-appointed and -FCC Chairman] may reject some Sinclair licenses over this." He believed the costs of opposing Sinclair were manageable because the internet had reduced transaction and organizational costs: Sinclair assumes that [license-challenges] would not happen because a national campaign opposing a major media conglomerate would cost [Sinclair] opponents way too much
Executives and editors usually can modify the speech of journalists;[3 68] an executive of a conglomerate like General Electric can determine by law who speaks through the assets of NBC, which GE owns
Summary
Less than a month before the 2004 presidential election, newspapers reported that Sinclair Broadcasting Group would require its 62 broadcast stations to air Stolen Honor, a documentary attacking Democratic presidential candidate John Kerry. With Sinclair, the participants used some existing private regulatory tools, like an advertiser boycott, to perform an existing activity, private regulation, the internet transformed the use and nature of these tools and the activity It did so by lowering the costs of organization to permit unaffiliated volunteers to perform actions that usually had required some level of government-or at least a centralized authority or preexisting institution of some sort. Companies, 6 car companies seen as too gay-friendly,[7] professors considered ultraliberal by conservatives,' and companies based on party affiliation.[9] Other campaigns aimed not to deter but to subsidize; they allocated specific products to chosen groups (like soldiers) based on social policy.'° This ad hoc, flash regulation can be as powerful and effective as established nongovernmental and governmental bodies in enacting reforms and can potentially support far more active participation It will transform political action by enabling powerful new collective actions, even those based on diffuse harms. U.S Families of Dead Raise 600,000 Dollars for Fallujah Refugees, AGENCE FRANCE PRESSE, Dec. 24, 2004, availableat http://www.truthout.org/docs_04/122504Y.shtml; posting of Richard Gassan to Daily Kos, http://www.dailykos.com/story/2004/12/23/64551/ 725 (Dec. 23, 2004, 04:45 PDT)
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
