Enhanced self-regulation: The case of Facebook’s content governance

2021 ◽  
pp. 146144482198935
Author(s):  
Rotem Medzini
Keyword(s):  
Self Regulation ◽  
Third Party ◽  
Regulatory Regime ◽  
Credible Commitments ◽  
Public Interests ◽  
Public And Private ◽  
Digital Platforms ◽  
The Public ◽  
Private Interests ◽  
Content Regulation

Content regulation on digital platforms has become a contested issue on the public and scholarly agendas. To understand how digital platform providers experiment with making commitments regarding their regulation, this article process-traces Facebook’s content regulation to ask how it self-regulates despite constant pressures for policy intervention. The first part of the article shows how Facebook moved from its initial “thin” self-regulatory regime toward what I call “enhanced self-regulation,” which relies on first-party and independent third-party intermediaries. Thereafter, I show how Facebook self-regulated the balance between public and private interests over time and across the regimes. The findings suggest that powerful actors such as Facebook can innovate in self-regulation by reallocating content-related responsibilities to intermediaries and subsequently create polycentric governance regimes. Lessons about how self-regulators that face public criticism can make more credible commitments to public interests are then drawn from the strengths and weakness of enhanced self-regulation.

scholarly journals PUBLIC INTEREST IN PUBLIC PROCUREMENT

2020 ◽  
Vol 24 (4) ◽  
pp. 1039-1062
Author(s):  
Vitaly V. Kikavets
Keyword(s):  
Public Interest ◽  
Public Procurement ◽  
Legal Regulation ◽  
Political Regime ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Private And Public ◽  
The Government

The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.

scholarly journals Protection of public interests by narrowing private interests: where is the limit?

2021 ◽  
Vol 10 (38) ◽  
pp. 148-157
Author(s):  
Olga Klepikova ◽  
Viktoriia Kachuriner ◽  
Volodymyr Makoda ◽  
Inha Kryvosheyina ◽  
Vadym Popeliuk
Keyword(s):  
Eu Law ◽  
The European Union ◽  
International Treaties ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
The People ◽  
Private And Public ◽  
Restrictive Measures

The coronavirus pandemic (COVID-19) has posed many challenges to the international community. In a pandemic, governments make complex decisions every day (respond quickly to emerging difficulties), implement effective quarantine measures that affect the public and private interests of the people. Such decisions are also made by such supranational entities as the European Union. With this in mind, it is essential to analyze the interaction and balance of private and public interests in EU law in the context of the Covid-19 pandemic. The work aims to analyze the balance between private and public interests in EU law in the context of the Covid-19 pandemic. Research methods are such methods as dialectical, historical, idealization, analysis, synthesis, abstraction, system, formalization, comparison, and modeling. As a result of the study, the authors concluded that the search for a balance between public and private interests is in all areas and mostly applies to human rights and, in a pandemic, these powers are enshrined in major international treaties and national regulations, with reservations about their possible limitation under exceptional circumstances. At the same time, ensuring the balance of private and public interests is possible only if the rule of law is fulfilled in the implementation of restrictive measures, proportionality, and public necessity.

scholarly journals Currency circulation and its organization in the Russian Federation as a public need and interest

2021 ◽  
pp. 47-55
Author(s):  
Oleg Mikhailovich Krylov
Keyword(s):  
Public Interest ◽  
Public Life ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Legislative Framework ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the categories of “public need” and “public interest”. The object is the currency circulation and its organization. The author examines the elements of currency circulation, which represent independent public needs with corresponding public interests in its organization. Special attention is given to interrelation between the public needs in currency circulation and public interests, which serves as the legislative framework for currency circulation and observance of the balance of public and private interests in organization of currency circulation. The conclusion is drawn on the representatives of public interest in currency circulation and interdependence of public needs in currency circulation on the corresponding public interests in its organization. The author also formulates a number of interesting conclusions on interrelation between public needs in currency circulation, public interests and needs in other spheres of public life and organization of currency circulation, which serve as the legislative framework for currency circulation and observance of balance of public and private interests in organization of currency circulation. The novelty of this research consists in determination of the content of public interest in currency circulation, as well as in establishment of correlation with public interests and needs in other spheres of public life.

National Foresight in Korea: History of Futures Studies and Foresight in Korea

2018 ◽  
Vol 11 (3) ◽  
pp. 232-244
Author(s):  
Kyungmoo Heo ◽  
Yongseok Seo
Keyword(s):  
National Development ◽  
Futures Studies ◽  
Government Officials ◽  
Community Based ◽  
Public Interests ◽  
Public And Private ◽  
National Assembly ◽  
The Public ◽  
History Of

Public interests in coming futures of Korea continue to be increasing. Fears on uncertainties and pending challenges as well as demands on a new but Korea-own development model trigger a quantitative increase of futures research and relevant organizations in both public and private. The objective of this paper is to review history of futures studies and national development plan and strategy linked with foresight along with its challenges and recommendations. This paper identifies drawbacks and limits of Korea foresight such as misapplication of foresight as a strategic planning tool for modernization and economic development and its heavy reliance on government-led mid- and long-term planning. As a recommendation, an implementation of participatory and community-based foresight is introduced as a foundation for futures studies in Korea. A newly established research institute, the National Assembly Futures Institute, has to be an institutional passage to deliver opinions of the public, a capacity-building platform to increase the citizen’s futures literacy, and a cooperative venue for facilitating a participation and dialogue between politicians, government officials, and researchers.

scholarly journals Governing Knowledge: Intellectual Property Management for Development and the Public Interest

2015 ◽  
Vol 66 ◽  
pp. 69-88
Author(s):  
Leonardo Burlamaqui
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Public Domain ◽  
Policy Recommendations ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Intellectual Property Management ◽  
Analytical Perspective ◽  
The Right

The core point of this paper is the hypothesis that in the field of intellectual property rights and regulations, the last three decades witnessed a big change. The boundaries of private (or corporate) interests have been hyper-expanded while the public domain has significantly contracted. It tries to show that this is detrimental to innovation diffusion and productivity growth. The paper develops the argument theoretically, fleshes it out with some empirical evidence and provides a few policy recommendations on how to redesign the frontiers between public and private spaces in order to produce a more democratic and development-oriented institutional landscape. The proposed analytical perspective developed here, “Knowledge Governance”, aims to provide a framework within which, in the field of knowledge creation and diffusion, the dividing line between private interests and the public domain ought to be redrawn. The paper’s key goal is to provide reasoning for a set of rules, regulatory redesign and institutional coordination that would favor the commitment to distribute (disseminate) over the right to exclude.Keywords: knowledge management, intellectual property, patent, public, interest, public sector, private sector, socioeconomic developmen

Public Servitudes for the Certain Types of Facilities Placing: Towards a Discussion on Public Interest Presence

2021 ◽  
Author(s):  
A.P. Ushakova ◽  
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Public Law ◽  
Point Of View ◽  
Private Interest ◽  
Public Interests ◽  
The Public ◽  
Private Interests ◽  
Arbitrary Decision ◽  
The Right

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.

Privacy Concerns for Ubiquitous Data Aggregation and Storage

2014 ◽  
Author(s):  
Jarrod M. Rifkind ◽  
Seymour E. Goodman
Keyword(s):  
World Bank ◽  
High Performance ◽  
Business Models ◽  
The United States ◽  
Third Party ◽  
The Internet ◽  
Public And Private ◽  
Personal Lives ◽  
The Public ◽  
The World

Information technology has drastically changed the ways in which individuals are accounted for and monitored in societies. Over the past two decades, the United States and other countries worldwide have seen a tremendous increase in the number of individuals with access to the Internet. Data collected by the World Bank shows that 17.5 of every 100 people in the world had access to the Internet in 2006, and this number increased to 23.2 in 2008, 29.5 in 2010, and 32.8 in 2011 (World Bank 2012). According to the latest Cisco traffic report, Internet traffic exceeded 30 exabytes (1018 bytes) per month in 2011 and is expected to reach a zettabyte (1021 bytes) per month by 2015 (Cisco Systems 2011). Activities on the Web are no longer limited to seemingly noncontroversial practices like e-mail. The sheer growth of the Internet as a medium for communication and information sharing as well as the development of large, high-performance data centers have made it easier and less expensive for companies and governments to aggregate large amounts of data generated by individuals. Today, many people’s personal lives can be pieced together relatively easily according to their search histories and the information that they provide on social networking websites such as Facebook and Twitter. Therefore, technological breakthroughs associated with computing raise important questions regarding information security and the role of privacy in society. As individuals begin using the Internet for e-commerce, e-government, and a variety of other services, data about their activities has been collected and stored by entities in both the public and private sectors. For the private sector, consumer activities on the Internet provide lucrative information about user spending habits that can then be used to generate targeted advertisements. Companies have developed business models that rely on the sale of such information to third-party entities, whether they are other companies or the federal government. As for the public sector, data collection occurs through any exchange a government may have with its citizens.

Benchmarking parties’ obligations in the execution of concession-based PPP projects in Nigeria

2016 ◽  
Vol 9 (1) ◽  
pp. 27-46 ◽  
Author(s):  
Akintayo Opawole ◽  
Godwin Onajite Jagboro
Keyword(s):  
Developing Countries ◽  
Research Effort ◽  
Third Party ◽  
Specific Context ◽  
Southwestern Nigeria ◽  
Public And Private ◽  
Content Type ◽  
The Public ◽  
Contractual Obligations ◽  
Public And Private Sector

Purpose Demand–supply matrices with adverse consequences has occasioned government response to concession initiatives in infrastructure in Nigeria. However, concession-based projects have been trailed by administrative and legal controversies. While this scenario has negatively impacted the acceptability of a concession contract, there is, nevertheless, a paucity of research effort aimed at developing a sustainable framework. The purpose of this paper is to develop a conceptual framework for the evaluation and allocation of obligations of parties, thereby enhancing the synergy and cooperation between the public and private sector organization. Design/methodology/approach Data were obtained through a questionnaire administered to professionals in concession-based contracts in southwestern Nigeria, which included architects, estate surveyors, quantity surveyors, engineers and builders, accountants/bankers/economists and lawyers. The respondents were selected using random and respondent driven sampling approaches. The questions were structured to ensure that the respondents have appropriate experience in concession-based projects and hold appropriate positions as decision-makers so as to give credence to the collected data. Findings The study identified 47 contractual obligations in the specific context of developing countries. Based on “half-adjusting principle”, 13 of the obligations notably cost of land acquisition and cost of social disturbances were allocated to the public party; 18 of the obligations notably project design and cost of feasibility study were allocated to the private party; and 16 of the obligations including preparation of terms of a contract and relocation of third party facilities were shared by the parties. Originality/value The framework benchmarked the categorization of public and private parties’ obligations in concession-based public–private partnership (PPP) contracts. The study has the implication for the evaluation and allocation of obligations of parties, which could mitigate the risk of failure of PPP projects in relation to the specific context of developing countries.

scholarly journals Permissible Public Cooperation in the Field of Public Administration – Opportunity for Enterprises

2014 ◽  
Vol 62 (6) ◽  
pp. 1309-1314 ◽  
Author(s):  
Radek Jurčík
Keyword(s):  
Private Sector ◽  
Public Administration ◽  
Public Investment ◽  
Public Policies ◽  
Regulatory Regime ◽  
Legal Regime ◽  
Public And Private ◽  
Distinctive Features ◽  
The Public ◽  
Public And Private Sector

Public cooperation is aimed at ensuring the functioning of public administration. Some forms of cooperation are subject to a regulatory regime for European procurement directives, some forms of cooperation within the public and private sector is not subject to this regime. In this article we analyze the types of cooperation with regard to their character. The aim will be to identify the types of cooperation, their frequency, the need to use the legal regime of public investment, and other distinctive features affecting the modes of cooperation within the public administration and the implementation of public policies.

scholarly journals The Concept and Essence of Administrative and Legal Protection of Tax Relations

2019 ◽  
Vol 74 (3) ◽  
pp. 30-34
Author(s):  
K. S. Rohozinnikova
Keyword(s):  
Public Relations ◽  
Legal Protection ◽  
Public Interests ◽  
Public And Private ◽  
Protection Measures ◽  
The Sustainable Development ◽  
Private Interests ◽  
Essential Components ◽  
Protected Object ◽  
Legal Security

The concept and essence of administrative and legal protection of tax relations have been considered. It has been emphasized that the study of general theoretical ideas about the correlation between the concepts of legal security and legal protection will contribute to solving the tasks of the research. The provisions on the correlation of legal security and legal protection in the whole and as a part have been supported. The author has established peculiarities of administrative and legal protection compared with other types of legal protection of public relations: such activity is carried out by public administration agencies through administrative and legal means, including coercive ones. The essential components of administrative and legal protection, which should form the basis of its definition, include: prevention of negative phenomena; detection of possible violations; overcoming harmful consequences (restoration of violated rights); maintaining stable legal relations; prosecuting persons who encroach on the protected object. The author has emphasized on the peculiarities of the purpose of using the means of administrative and legal protection of tax relations – protection of public interests in the field of taxation, as an organic and balanced combination of public and private interests, the satisfaction of which contributes to the sustainable development of society. It has been found out that the content of administrative protection of a particular object is revealed through its means and measures. The analysis of sectoral studies has allowed to establish the following feature of administrative and legal protection measures: they are carried out by means of service nature, the list of which differs depending on the object of administrative legal protection, control and supervision, as well as by applying measures of administrative coercion. The need for a two-vector consideration of administrative and legal protection means has been emphasized: their impact is directed both on the taxpayer and on the controlling agencies (revenue and fees agencies).

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