Media Law

Trends in IP Law

1. prioritization - Turning shared cultural resources into property, removing them from the public domain, and censoring them (e.g., Barbie pink)

2. owners’ rights - Expanded legislation grants owners more rights and ways to enforce copyright, leading to the criminalization of copyright and viewing it as theft

3. technology - Communication technologies simplify the dissemination of ideas

4. globalization - IP policies, once cultural policies within national boundaries, are now treated as trade issues

Platform governance

the process and mechanisms social media companies use to enforce rules, flow and influence of content, typically though

1. community guidelines

2. content moderation, regulation and curation (Manuel or Algorithmic)

3. Terms of service

content moderation

governance mechanisms that structure participation in online communities to facilitate cooperation and prevent abuse (ex: user bans, content removal, algorithms) through private sector regulation, contractual agreements, visibility economy, etc

media regulation

the control and guidance applied to all types of expressive activities, including social media (who controls the channels of communication, such as media organizations and governments) the emergence of social media platforms has blurred the lines between content producers and consumers, requiring new approaches to regulation.

6 types of media regulation

1. structure- ownership, organization, and size of media companies, aims to prevent monopolies and promote diversity in media ownership

2. infrastructure - managing the technical aspects of media

3. distribution - equitable access to information and diverse perspectives

4. access - who gets to access and operate scarce resources

5. conduct - how communication actors behave rather than the content they produce.

6. control - involves restricting specific types of content based on harm/offence

network society

a concept that describes how contemporary life is connected through digital technology and the flow of media content as data

platformization

the process where large digital platforms act as
intermediaries between users, facilitating economic and social interactions in public

characteristics of network society

Ubiquitous Media: Media is everywhere, readily accessible through various devices and platforms.

Invisible Infrastructure: The technical infrastructure supporting the network society is often hidden from view, leading to a lack of awareness about its workings and potential impact.

Data Collection: The network society relies heavily on collecting and analyzing user data, which raises concerns about privacy and surveillance.

Transcendence of Borders: Digital networks and platforms operate across national boundaries, making it difficult to apply traditional regulations and jurisdictional boundaries.

Non-Negotiable Terms and Conditions: Individuals often have little choice but to agree to platforms' terms and conditions, which can be lengthy, complex, and grant platforms significant power.

6 regimes of visibility

systems that determine what becomes public and knowable in a network society

Relational: Visibility is established through connections and interactions within networks, influenced by algorithms and platform design.

Strategic: Individuals and organizations engage in strategic practices to enhance their visibility and achieve specific goals.

Uncontrollable: Despite efforts to manage visibility, it can be unpredictable and subject to external forces and platform decisions.

Managed: Platforms and individuals attempt to control and manipulate visibility through content moderation, curation, and algorithmic manipulation.

Not Neutral: Visibility is shaped by power dynamics, biases, and values embedded in platforms and algorithms.

Not Spontaneous: Visibility is often the result of calculated efforts to gain attention and recognition.

hard moderation

immediate removal or blocking of content deemed to violate platform policies or community guidelines, typically targeting illegal activities, vulnerable groups or serious harm

soft moderation

aims to reduce the visibility and impact of problematic content without resorting to outright censorship (ex: downrating or demoting content, adding warnings, limiting content reach)

moralization

a form of governance where an agent acts to problematize content based on moral grounds to moralize regulation

depoliticization

a process that obscures or minimizes the political dimensions of an issue, often by framing it as a technical or administrative matter.