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.
Author(s): Sorin Adam Matei, Franck Rebillard, Fabrice Rochelandet
Publisher: Palgrave Macmillan
Year: 2021
Language: English
Pages: 207
City: Cham
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
