Internet Content Regulation Research Articles

Regulatory Annexation: Extending Broadcast Media Regulation to Social Media and Internet Content

This article considers the regulation of social media usage in Nigeria and Africa, drawing from ideas on critical political economy, securitization, and state–citizen distrust. Using a methodology that combines policy analysis, case studies, and qualitative reading of social media texts, it introduces for the first time the concept of regulatory annexation. This is the extension of standards, principles, and sanctions originally meant for one particular frame of reference to another. I establish the concept by drawing from case studies on broadcast media regulation to show that this is being mapped onto the emerging regulation of social media and Internet content in what I describe as the politics of regulation. I argue that regulatory annexation bears significant implications for the control of the entire media architecture and our understanding of new media regulation in the wider sense, both now and in the future.

MATRIX OF DEPENDENCE, POSTCOLONIALISM, AND SOCIAL MEDIA REGULATION IN AN AFRICAN CONTEXT

This paper considers the relation of dependence that defines the practice of social media and internet content regulation in an African context. With social media regulation in Nigeria as a case study, it gives attention to debates drawn from postcolonial thinking, structural imperialism, and platform power, presenting new research on the concept of the matrix of dependence. To do this, I gather data by interviewing 19 stakeholders on what they perceive as credible alternatives to social media regulation in Nigeria, given their opposition to the proposed formal approach represented by the 2019 Internet Falsehood Bill. Analysis was done using Braun and Clarke’s (2021) reflexive thematic analysis. Findings point to four alternatives/themes: copying Western nations, platform self-regulation, governance built on trust, and digital media literacy. I expand on these findings to show that underlying each suggested alternative is the notion of subalternity under which Nigeria functions as it pertains to new media governance. I further argue that this construct can be applied to the wider African continent, suggesting that postcolonialism shapes the use and regulation of new media technologies in what can be understood as the matrix of dependence.

Implications of China's latest statute on internet and the forthcoming real-name registration scheme

A scheme called 'real name registration of information network users' is required to be implemented in China by the end of June 2014. Presumably this scheme is based on the NPC Standing Committee's latest legislation on internet titled Decisions on Strengthening the Protection of Network Information, which imposes on ISPs and ICPs not only obligations to protect online personal information and privacy but also the obligation to collect their clients' true identity information. The latest internet-related legislation and the forthcoming 'real-name registration' scheme raises the question whether the Chinese Government is changing its policy, law and/or the law enforcement regime on regulating the internet contents. Are they merely a disguised internet content control toughening, or something indicating a new trend of China's internet regulation, that is, paying more attention to the protection of online privacy? Does the new legislation add anything new to China's pre-existing legal framework and enforcement mechanism for internet content regulation? Is the Chinese Government sacrificing citizens' freedom of speech for privacy? What are the most possible implications of the latest internet-related statutory legislation and the forthcoming 'real-name registration' scheme? This paper draw its conclusions mainly based on in-depth analyses of China's pre-existing internet regulation regime and the new legislation.

Designing a Coherent Framework for the Regulation of Internet Content

The regulation of content is no longer a self-contained domain of governance, which was in most aspects reserved for the nation state. Now many other domains have become relevant, in more or less immediate ways. The linkages have only grown stronger as media consumption has moved from old to new media and the latter have become deeply integrated in everyday economic, cultural, political and social life. Next to the difficulty for regulators to grapple with new technologies, the governance challenge here stems from the often strikingly different regulatory histories, rationales for intervention and institutional structures of these previously separated policy domains, and renders regulatory design appropriate for the achievement of core public policy objectives extremely complex. A related phenomenon that can be observed is the growing 'messiness' of regulation, as it not only draws together horizontally different domains but is also unevenly vertically spread along a multi-layered structure that mobilizes various actors at the local, national, regional and international levels.

INTERNET CENSORSHIP BY LAW: A CHALLENGE TO THE CONSTITUTIONAL RIGHT TO FREEDOM OF EXPRESSION IN THAILAND

In Thailand, at present, content on the Internet is subject to a legal regulatory framework. The Ministry of Information and Communication Technology (MICT) takes a leading role in enforcing the Computer-Related Crime Act 2007 to censor content on the Internet which is deemed ‘illegal’. In this article, it is contended that the legal regulation of Internet content which Thailand adopts is problematic in several aspects. This could pose a serious threat to the constitutional right to freedom of expression of Internet users in Thailand. Keywords: Internet censorship, freedom of expression, Thailand.

The Politics of Internet Filtering: The United Kingdom and Germany in a Comparative Perspective

Debates around appropriate regulation of Internet content have become increasingly common in liberal democracies, despite the fact that relatively little is known about the actual processes of Internet content regulation. The following article studies the institutional development of content regulatory institutions in the United Kingdom and Germany to explore this phenomenon. It will be argued that the divergent paths of Internet filtering in both countries can be understood by looking at the development of the relevant regulatory institutions. As most Internet filtering and content regulation is implemented through private actors, the article will explore the relationship between public and private actors in both countries in the evolving regulatory debate. In this context it can be argued that the ability of the UK and Germany to enforce their own policy goals depends primarily on the ability of the state to make credible regulatory and legislative threats towards private actors. In conclusion it is suggested that the coercion of private sector actors is a key regulatory practice not just in online content regulation but in the wider field of Internet governance.

Internet Content Regulation in France and Germany: Regulatory Paths, Actor Constellations, and Policies

ABSTRACT The article focuses on online content regulation in France and Germany. We examine institutional characteristics and actor constellations that led to different policy choices and situate these in the broader discussion on Internet content regulation. While in the early 1990s courts were settling disputes regarding problematic content by applying existing regulation to the digital realm, both countries have since chosen separate regulatory paths. France opted for legislative control, while Germany developed a system of “regulated self-regulation,” in which private actors self-regulate with limited state supervision. Both cases provide insights into the possibilities and limits of state intervention on the Internet.

Children-Related Internet Content Regulation: Best Interests of the Child, Definition of Child, and Cyberspace Purism

In this paper, I will explore Internet content regulations from the perspective of the interests of children, and argues that CIPA reflects the practical difficulties in using a bright-line age index in the definition of child, and that the principle of “best interests of the child” may play a necessary role in the existing First Amendment framework to accommodate deliberations on competing rights and interests in the domain of Internet governance. Considering the studies and theories supporting an expansive view of digital childhood, the paper attempts to explain the practical difficulties of age indexing in the definition of child, and suggests that it may be beneficial to reconsider the definition of child in Internet content regulations, to reflect studies and philosophical thoughts in this area. To some extent, this paper considers a hypothetical policy goal of a greater level of protection in children-related Internet content regulations that may or may not come about, to suggest the potential utility and necessity of rethinking the definition of child in Internet content regulations and incorporating the phrase “best interests of the child” into the existing First Amendment framework in examining Internet content regulations. Internet content regulation (or Internet content regulations) here is understood as the regulation of Internet content through legal measures as one aspect of Internet governance by governments and policy makers. More specifically, the paper will focus on the definition of child in federal Internet content regulations in the United States. Section I explores current Internet content regulations in two categories: content prohibitions and content-filtering measures; reviews the decision-making process of Internet content regulations; and argues that CIPA reflects practical difficulties in using a bright-line age index in the definition of child, and in effect has rendered the definition of child unnecessary within its statutory scheme. Section II reviews the origin and the development of the legal principle “best interests of the child” in American Family law; discusses the potential benefits of incorporating the phrase “best interests of the child” into current First Amendment analysis of Internet content regulations; and argues that the inclusion of “best interests” analysis will provide a more informed basis to balance competing rights and interests. Section III briefly reviews the concept of childhood and theories supporting a longer childhood in today’s digital era; explains the practical and theoretical difficulties in using age as the sole index in defining child; and argues the age of majority in the definition of child does not reflect theories and studies in this area. Section IV reviews some sources and reasons to anticipate a policy goal toward a greater level of Internet content protection, before concluding.

A Study on Regulation of Internet Content and Governance Model

A Study on Regulation of Internet Content and Governance Model

Internet content regulation, public drug websites and the growth in hidden Internet services

Governments have traditionally censored drug-related information, both in traditional media and, in recent years, in online media. We explore Internet content regulation from a drug-policy perspective by describing the likely impacts of censoring drug websites and the parallel growth in hidden Internet services. Australia proposes a compulsory Internet filtering regime that would block websites that ‘depict, express or otherwise deal with matters of… drug misuse or addiction’ and/or ‘promote, incite or instruct in matters of crime’. In this article, we present findings from a mixed-methods study of online drug discussion. Our research found that websites dealing with drugs, that would likely be blocked by the filter, in fact contributed positively to harm reduction. Such sites helped people access more comprehensive and relevant information than was available elsewhere. Blocking these websites would likely drive drug discussion underground at a time when corporate-controlled ‘walled gardens’ (e.g. Facebook) and proprietary operating systems on mobile devices may also limit open drug discussion. At the same time, hidden Internet services, such as Silk Road, have emerged that are not affected by Internet filtering. The inability for any government to regulate Tor websites and the crypto-currency Bitcoin poses a unique challenge to drug prohibition policies.

A study on the normative Problem and Legislation Reform Plan for Internet Content Regulation in SMART Media Age- Focus on the Deliberation for Internet Broadcasting -

A study on the normative Problem and Legislation Reform Plan for Internet Content Regulation in SMART Media Age- Focus on the Deliberation for Internet Broadcasting -

Deciding on Copyrights on the Internet with the Analytic Network Process

ABSTRACTThe analytic network process is a powerful tool for examining difficult decisions under uncertainty. This paper explores the urgent decision connected with the copyrights on Internet. This theme is being widely discussed, but nobody knows, what to do. We have attempted to do a multi‐criteria analysis of the problem, taking into consideration benefits, costs and risks. As alternatives, we examined different measures for the regulation of Internet content, and as main actors—content creators, customers and providers. The resulting outcomes show that free use of Internet content is the best alternative. Measures related to punishment turn out to have negative prospects. Copyright © 2011 John Wiley & Sons, Ltd.

A Critical Comparative Analysis of the President's Decree on Measures to Improve the Use of the National Segment of the Internet Network: The Case of Belarus

Nowadays a global trend of escalation of state interference in the Internet can be monitored. Previously emerged as free medium for communication and dissemination of information the Global network is becoming a subject of various regulations. States in different edges of the world enact law regulating relations in the Internet which are often challenging and controversial. Interesting example of Internet regulation has been enacted in Belarus. In this paper the author compares new Belarusian law in the scope of EU Directives and national laws in other countries regulating the Internet. The President Decree No. 60 on Measures to Improve the Use of the National Segment of the Internet Network entered into force on 1 July 2010. Belarusian legislators trying to fill in the legal gap in Internet regulation have made rather ambitious attempt to cover various Internet fields in one legal act: the right to access to information; regulation of the Internet business; data retention; Internet content regulation and filtration of harmful content; liability of ISPs. The author aims to analyse the scope, legal effect and possible legal problems of the new legislation and its influence on the development of the Internet in Belarus.

The Separation of Internet Content Regulation in the face of the Convergence of Information and Communication Technologies： The Controversies, Challenges and Solutions for China

More than ten different departments in China have varying responsibilities for the regulation of the content of publications on the Internet. This separated regulatory structure has caused many challenges in the face of the convergence of information and communication technologies (ICTs), particularly the Internet. These challenges include the high compliance cost to ICT enterprises which effectively reduce incentives for high-tech startup companies and are detrimental to the innovative ability of the Internet itself. More generally, it creates tension for China’s successful engagement with the international community, decreases the international competitiveness of the Chinese ICT enterprises and stifles the development of global ICTs. China needs to adopt a more sophisticated approach to regulate Internet content and overcome these challenges in the near future. Failure to do so will widen the gap between China and the world’s developed countries in the Information Age. Key words: the Internet; the regulation of the Internet; content regulation; China Resume: Plus d’une dizaine de departements differents en Chine assument les responsabilites variees du controle du contenu des publications sur Internet. Cette structure regulatrice separee a cause beaucoup de defis en face de la convergence des informations, des technologies de communication et surtout de l’Internet. Tous ces defis contiennent un cout de conformite eleve pour les entreprises ICT（Information and communication technologies en anglais）, qui decouragent effectivement les startups high-tech et qui sont defavorables pour la capacite innovatrice d’Internet lui-meme.Plus generalement, il cree de la tension pour l’engagement de la Chine avec la communaute internationale, diminue la competitivite internationales des entreprises ICT chinoises et ralentit le developpement de l’ICT. La Chine a besoin d’adopter une approche plus sophistiquee pour regulariser le contenu d’Internet et surmonter tous ces defis dans le proche futur. Si l’on faillit faire cela, la distance entre la Chine et les pays developpes s’agrandira dans l’Age d’Information. Mots-Cles: Internet; regularisation d’Internet; controle du contenu; la Chine

Great expectations?: regulating for users in the United Kingdom and Australia

Our argument is that while there are broad similarities between these two prosperous countries, with their shared historical and colonial links, and borrowings in establishment of telecommunications markets, there are some noteworthy differences in how users have fared and how industry, regulators and governments have addressed instances of market failure. We compare the UK and Australian experience in three specific areas: second-line complaints management, contrasting Australias Telecommunications Industry Ombudsman with the two approved British Alternative Dispute Resolution schemes; the architecture of self and co-regulation in telecommunications generally, especially the Communications Alliance versus the medley of relevant bodies in the UK; Internet content regulation and management, where Australia takes a more prescriptive approach to regulation than in the telecommunication area, and also than that employed in Britain. We seek to draw some conclusions from this bi-country comparison from what has worked, and what has not, in the respective models. Finally, we offer some comments on what the key issues might be in the next phase of regulating for consumers in the face of mobile, wireless and convergent IP networking.

Great expectations?

Our argument is that while there are broad similarities between these two prosperous countries, with their shared historical and colonial links, and borrowings in establishment of telecommunications markets, there are some noteworthy differences in how users have fared and how industry, regulators and governments have addressed instances of market failure. We compare the UK and Australian experience in three specific areas: second-line complaints management, contrasting Australias Telecommunications Industry Ombudsman with the two approved British Alternative Dispute Resolution schemes; the architecture of self and co-regulation in telecommunications generally, especially the Communications Alliance versus the medley of relevant bodies in the UK; Internet content regulation and management, where Australia takes a more prescriptive approach to regulation than in the telecommunication area, and also than that employed in Britain. We seek to draw some conclusions from this bi-country comparison from what has worked, and what has not, in the respective models. Finally, we offer some comments on what the key issues might be in the next phase of regulating for consumers in the face of mobile, wireless and convergent IP networking.

Truth, law and hate in the virtual marketplace of ideas: perspectives on the regulation of Internet content

Rising international concern about the problem of hate speech on the Internet has led to calls for greater regulation. The Internet is arguably a true marketplace of ideas but one where ‘dangerous words’ may have a disproportionate impact. The paper suggests that looking to historical parallels can offer a more fruitful and workable solution moving beyond the current temptation of knee-jerk legislative responses and regulation; and one more universally acceptable. Locke's philosophical argument for free speech, for instance, delivered against a background of seventeenth-century religious intolerance and perceived sedition, provides interesting analogies to the current problem in relation to terrorism. We question whether current legal approaches to hate speech are practical and appropriate, and the extent to which the transposition of ‘real life’ regulation can be imposed onto ‘virtual life’ regulation. Is the Internet in fact a qualitatively different form of communication which renders Lockean principles, and their subsequent interpretations, powerless in the face of hate speech? The repressive extension of the law to criminalise the expression of ideas deemed offensive raises key issues relating to the problem of veracity and authenticity of Internet content. Not least that the legal enforcement of any such regulation may require an unacceptable level of State intrusion into personal communication and privacy. Drawing on the historical perspective reminds us that censorship is the enemy of democratic values and that while calls for censorship of hate speech on the Internet may appear superficially attractive, there are dangerous implications and undercurrents for our hard won liberties.

A study on the Combination with Legal Regulation and Self Regulation of Internet Content

A study on the Combination with Legal Regulation and Self Regulation of Internet Content

Carving up the Internet: Jurisdiction, Legal Orders, and the Private/Public International Law Interface

The Internet is caught between old forces of local territorialism and new forces characteristic of global economies. As a result, this article maintains that it may end up being carved or frag- mented into discrete legal spheres. This development contradicts with the hitherto traditional vision of the Internet as a paradigmatic example of a borderless world of global transnational- ism. This fragmentation is taking two forms: one vertical which refl ects concerns of public policy and the protection of local values, the other horizontal which is driven by the rationale of commercial effi ciency. The former (vertical), if not understood and handled properly, may lead to an informational impoverishment of the Internet. One response to this risk resides in new confi gurations of the appropriate jurisdictional bases for assertions of state power. I argue in favour of a double standard of jurisdiction for the regulation of Internet content: one, based on the principle of targeting, used to sanction behaviour, the other, an incarnation of the effects doctrine, used to prevent actions and fulfi l the cathartic function of law. The latter (horizontal) form of fragmentation should lead us to rethink certain aspects of the concept of law, in par- ticular with regard to legal pluralism, and to discover new places where law is to be found.

Internet content regulation: what method?

The law and regulation of electronic communications in the United States (Us) is fragmented, overlapping, and controversial, with overarching First Amendment limitations for government action directed toward content. Because the law was written for “legacy” systems of telecommunications without regard for the present convergence of the industry and media, there are different laws, different administrative oversight, and sometimes conflicting legislative policies depending on the delivery mechanism and media. Because of this complexity, this article focuses on content regulation of internet communications broadly defined, how it impacts providers of telecommunications, and conversely how the private actions of providers impact content regulation. We begin with a discussion of the First Amendment to the United States Constitution, as it is essential to an understanding of the limitations to federal regulation. Then, federal statutory attempts to regulate internet content are examined followed by a discussion of the applicable administrative law. The last section of the article describes how private entities have filled in the gap in the absence of government regulation by private terms of use, and in conclusion compares this approach to other regulatory mechanisms.