Digital and Social Media Regulation : A Comparative Perspective of the US and Europe

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. Foreword and Acknowledgments Contents Notes on Contributors List of Figures List of Tables Introduction: New Paradigms of Media Regulation in a Transatlantic Perspective 1 Intellectual Property 2 Privacy 3 Freedom of Expression 4 Diversity and Richness of Content and Production Methods 5 Contributions References The Audiovisual Industry Facing the Digital Revolution: Plunging the Predigital Fishbowl into the Digital Ocean 1 Introduction 2 The Main Features of the Digital Transition Digital Is Both Unpredictable and Pervasive The Digital Transition Is Both Industrial and Cognitive Some Major Impacts of the Digital Transition 3 Digital Transformation of the Audiovisual Industry The Audiovisual Industry Stands at the Core of the Two-Pronged Digital Transition The Dual Role of Platforms: Matching Processors and Audience Aggregators Platforms Challenge Competition Law and Sectoral Regulation Audiovisual Regulation Should Become Incentivizing, Cooperative, and Reflective 4 Inventing the Future A Short Perspective About Future Analysis Two Ways of Facing the Future: Forecasting vs. Fore-Acting A Tentative Application to the Audiovisual Sector References Revisiting the Rationales for Media Regulation: The Quid Pro Quo Rationale and the Case for Aggregate Social Media User Data as Public Resource 1 Introduction 2 The Public Resource/Quid Pro Quo Rationale for Media Regulation 3 Translating the Public Resource/Quid Pro Quo Rationale to Social Media 4 Counterarguments and Critiques 5 Conclusion References GDPR and New Media Regulation: The Data Metaphor and the EU Privacy Protection Strategy 1 Defining Data and Data as a Metaphor The Concept of Data in Privacy Laws 2 Analyzing Data as a Metaphor with CDS 3 The Interpretations of Data in Privacy Policies From Internet Infrastructures to the Data Market The Human Rights Interpretation The Technological Interpretation The Economic Interpretation 4 Conclusion Bibliography Regulating Beyond Media to Protect Media Pluralism: The EU Media Policies as Seen Through the Lens of the Media Pluralism Monitor 1 Introduction 2 Operationalization of Media Pluralism in the Media Pluralism Monitor 3 Basic Protection: Net Neutrality and Freedom of Expression Net Neutrality Regulation Countering Illegal Hate Speech Online Code of Conduct 4 Social Inclusiveness: Protection Against Hate Speech 5 Political Independence: Ensuring Political Pluralism, Tackling Disinformation Code of Practice on Disinformation General Data Protection Regulation 6 Market Plurality: Digital Tax in Support of Media Viability 7 National Laws in Member States 8 Final Remarks References From News Diversity to News Quality: New Media Regulation Theoretical Issues 1 Introduction 2 The Platformization of the Media Industry 3 Defining News Quality 4 A Theoretical Framework Product Quality and News’ Characteristics Horizontal and Vertical Differentiation An Analysis Grid: Crossing Vertical and Horizontal Quality 5 An illustration: Editorial strategies, news quality, and media pluralism7 6 Further Research References The Stakes and Threats of the Convergence Between Media and Telecommunication Industries 1 Introduction 2 Some Examples of Convergence Between Telecom Carriers and Media Content Providers 3 Synergies Between Telecom Carriers and Media Content Providers. Some Cases 4 Regulation and Convergence The Existing Regulatory Framework Which Tools? Are Existing Regulations Relevant? Discrimination Against Rival Networks Discriminatory Behavior Data, Diversity, and the Future of Press: A Failure of Regulation? 5 Concluding Remarks References Linking Theory and Pedagogy in the Comparative Study of US–French Media Regulatory Regimes 1 Theoretical Overview 2 Main Issues Copyright Privacy Freedom of Expression 3 Pedagogical Application and Insight 4 Conclusion—Learning from the Past and Looking at the Future References Instead of Conclusions: Short- and Long-Term Scenarios for Media Regulation 1 The Immediate Future: Convergence and Threats to Liberties 2 The Longer View: The Regulatory Cycle Might Go Through a Trough While Technology Might Advance at a Higher Pace References Index "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"--Provided by publisher "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." -- Back cover