scholarly journals Digital platforms and the rise of global regulation of hate speech

2019 ◽  
Vol 8 (2) ◽  
pp. 282-304
Author(s):  
Paolo Cavaliere
Keyword(s):  
Hate Speech ◽  
Code Of Conduct ◽  
Global Regulation ◽  
Digital Platforms ◽  
Legal Standards ◽  
Online Platforms ◽  
Global Trend ◽  
Scope Of Protection ◽  
The Eu

The EU Code of Conduct on hate speech requires online platforms to set standards to regulate the blocking or removal of undesirable content. The standards chosen can be analysed for four variables: the scope of protection, the form of speech, the nature of harm, and the likelihood of harm. Comparing the platforms' terms of use against existing legal standards for hate speech reveals that the scope of speech that may be removed increases significantly under the Code's mechanism. Therefore, it is legitimate to consider the platforms as substantive regulators of speech. However, the Code is only the latest example in a global trend of platforms' activities affecting both the substantive regulation of speech and its governance. Meanwhile, States' authority to set standards of acceptable speech wanes.

scholarly journals Unlawful Content Online

2021 ◽  
Author(s):  
Carsten Ullrich
Keyword(s):  
Social Media ◽  
Hate Speech ◽  
Digital Technologies ◽  
The Internet ◽  
Technical Standards ◽  
Public Interests ◽  
Online Platforms ◽  
The University ◽  
The Eu

Illegal content remains a persistent and growing issue on the internet. This book reviews seven problematic areas - defamation, hate speech, terrorist content, copyright, counterfeit, unsafe products and food - to illustrate that the fight against unlawful content on online platforms in the EU is hampered by fragmented and outdated laws. Meanwhile, the global internet companies that govern our digital spaces enforce their own policies, based on commercial objectives, and with secondary regard for public values and individuals’ rights. The book subsequently charts out a solution of how EU lawmakers can bring social media and the like to take on adequate responsibilities for protecting users and public interests. The author argues that a safety-by-design approach, supported by technical standards, can be an effective way for implementing these new duties. Carsten Ullrich is a legal researcher at the University of Luxembourg, where he works on the regulation of digital technologies. The doctoral thesis on which this book is based was awarded the Rolf Tarrach Prize 2021 for the best dissertation in Luxembourg.

scholarly journals Differences in Immaterial Details: Dimensional Conversion and Its Implications for Protecting Digital Designs Under EU Design Law

2021 ◽  
Vol 52 (2) ◽  
pp. 137-168
Author(s):  
Mikko Antikainen
Keyword(s):  
Legal Status ◽  
3D Design ◽  
Gaming Industry ◽  
Open Questions ◽  
More Care ◽  
Design Law ◽  
Physical Shape ◽  
Limitations And Exceptions ◽  
Scope Of Protection ◽  
The Eu

AbstractThe paper considers three main questions: the legal status of digital designs from the perspective of EU design law, whether the protection is tied to the reproduction of physical products, and whether the scope of protection covers dimensional conversion such as using a 3D design in 2D form or vice versa. There are two sets of views regarding dimensional conversion: the “abstract” and the “concrete” view. These two different attitudes towards the scope of protection influence the manner in which the protectability of digital designs is assessed. In the “abstract” protection, it would not matter whether a product only exists as a digital image and not as a physical shape. In the “concrete” view, the protection of digital designs is more problematic, as the scope of protection is often tied to the reproduction of an actual physical product. The paper argues that, under CJEU jurisprudence and EUIPO practice, most of the open questions regarding the protection of digital designs and dimensional conversion can be considered as solved. The CJEU has chosen “abstract” protection over “concrete”, thus broadening the scope of protection at the EU level. This means that the digital use of non-digital designs can now be seen as infringing. As a consequence, in the future, right holders should put more care into evaluating the limitations and exceptions. The paper points this out with regard to the issues that are of relevance for the gaming industry, as this is where the use of digital designs is most versatile and relevant.

The Cheerleaders’ Mock Execution

2011 ◽  
Vol 14 (4) ◽  
pp. 1-9
Author(s):  
Laura Trujillo-Jenks
Keyword(s):  
Public Schools ◽  
Free Speech ◽  
Hate Speech ◽  
School Administrators ◽  
Codes Of Conduct ◽  
Code Of Conduct ◽  
Case Law ◽  
Student Speech ◽  
New Principal ◽  
Culture And Climate

The fervor of student speech is demonstrated through different mediums and venues in public schools. In this case, a new principal encounters the mores of a community that believes in free speech, specifically student free speech. When a pep rally becomes a venue for hate speech, terroristic threats, and profanity, the student code of conduct could become the principal’s best weapon. This case explores case law, codes of conduct, organizational culture and climate, and leadership in the context of a controversial cheerleader sketch at a pep rally. A brief literature review can be found in the teaching notes with suggestions for current and future school administrators.

scholarly journals Exploitative Abuse of a Dominant Position in the Bulgarian Energy Markets

2017 ◽  
Vol 10 (16) ◽  
pp. 33-55
Author(s):  
Miroslava Marinova ◽  
Kremena Yaneva-Ivanova
Keyword(s):  
Energy Markets ◽  
Regulatory Control ◽  
Competition Authority ◽  
Water Regulation ◽  
Pricing Policy ◽  
Dominant Position ◽  
Legal Standards ◽  
General Terms ◽  
Contractual Relationships ◽  
The Eu

In the last few years the behavior of undertakings operating in the regulated utility markets, such as energy, water and communications, has been in the focus of the Bulgarian Competition Authority (hereinafter, BCA). Typically, these companies are dominant due to their exclusive licenses to operate in a certain territory and thus the contents of their contractual relationships with customers are often defined in general terms and conditions (hereinafter, GTCs) adopted or approved by the respective sector regulator. Most or all aspects of their pricing policy is also subject to sector regulation. By analysing critically two landmark decisions of the BCA concerning abuses of companies active in the energy markets, this paper raises the following questions: (1) to what extent the BCA is competent to intervene and sanction those undertakings for conduct which is subject of regulatory control by the sector regulator (the Energy and Water Regulation Commission (hereinafter, EWRC)) and (2) whether in its enforcement practice against those undertakings, the BCA is following the legal standards adopted by the EU courts.

scholarly journals Making fans go "GAGA": intimacy, identity and brand building through Twitter

2021 ◽  
Author(s):  
Laura D’angelo
Keyword(s):  
Social Media ◽  
Intimate Relationships ◽  
Brand Management ◽  
Music Industry ◽  
Social Medium ◽  
Digital Platforms ◽  
Fan Identification ◽  
Brand Building ◽  
Online Platforms ◽  
Lady Gaga

While the use of digital platforms has harmed some aspects of the music industry, it has also created new opportunities for artists to prosper in terms of marketing, branding, communication and to ultimately become cultural entrepreneurs. Twitter in particular is a social networking service (SNS) that is ideal for studying fan celebrity interactions, as it is a safe space for celebrities to market, brand and communicate with fans through strategic discourse in an informal environment. With SNS such as Twitter, fans now have the opportunity to build seemingly intimate relationships with celebrities, becoming cocreators of content. Widely acknowledged for her unparalleled relationships and interactions with fans on Twitter, singer Lady Gaga, has achieved success and long term viability amidst digitalization through her strategic use of online platforms to not only promote and strengthen her brand, but to build intimate relationships with her fans. Lady Gaga exemplifies how the digitalization of the music industry and growth of online platforms drive artists to take on new roles as entrepreneurs marketers and as conversationalists with fans. As such, this paper presents a review of the extant literature of studies that have explored the connection between celebrity brand building and representation on social media and how fan identification, interaction and intimacy are forged via social media discourse. This is followed by a qualitative discourse analysis of 904 tweets and retweets collected from Lady Gaga’s Twitter account from May 31st, 2015 until April 31st, 2016. This analysis serves to develop an understanding of how language is being used actively, persuasively and to isolate patterns in Lady Gaga’s Twitter discourse. This includes key terms, phrases and overall frequency of these. In analyzing how Lady Gaga uses strategic discourse on Twitter, we can build a greater understanding of how this social medium is used to build intimacy with fans. From this knowledge, both artists and marketers can emulate this model for effective brand management on social media, particularly on Twitter.

Possibilities of using usability testing for scientific research in assessing user satisfaction with the activities of environmental digital platforms

2020 ◽  
pp. 45 (86)-54 (94)
Author(s):  
Polina Olegovna Ermolaeva ◽  
Olga Aleksandrovna Basheva ◽  
Yulia Vyacheslavovna Ermolaeva
Keyword(s):  
Information And Communication Technologies ◽  
User Satisfaction ◽  
Scientific Research ◽  
Usability Testing ◽  
Environmental Problems ◽  
Digital Platforms ◽  
Environmental Initiatives ◽  
Advantages And Disadvantages ◽  
Online Platforms ◽  
Information And Communication

This article is aimed at demonstrating the possibilities of using the usability testing method in the framework of research to determine the features of the new forms of digital urban participation by Russians in solving social and environmental problems and conflicts. In particular, the authors investigated the effectiveness of environmental online platforms in the UX research methodology through usability testing of these sites from the perspective of their users. The results of testing showed that both the functionality of these platforms to involve the population in environmental practices and technical limitations prevent users from putting environmental initiatives into practice. The data obtained in the framework of the UX study will allow us to compare the perception of users of online platforms with the conceptual vision of their developers to identify potential biases in the perception of these products by their ideologues and users in order to minimize these gaps. In terms of the increase of scientific knowledge, this study will allow to assess the effectiveness of the use of information and communication technologies (ICTs) for digital ecoactivists in comparison with traditional (offline) forms of urban participation, to analyze the new strategies and forms of digital participation, and to identify the main advantages and disadvantages of ICTs in minimizing socio-environmental problems and conflicts in the tradition of M. Castells, digital environmental humanities/ English version of the article on pp. 86 - 94 at URL: https://panor.ru/articles/possibilities-of-using-usability-testing-for-scientific-research-in-assessing-user-satisfaction-with-the-activities-of-environmental-digital-platforms/50575.html

20. Mergers (1): introduction

2021 ◽  
pp. 852-870
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Public Interest ◽  
Rapid Development ◽  
Merger Control ◽  
Digital Platforms ◽  
The Public ◽  
Foreign Acquisition ◽  
The Subject ◽  
National Governments ◽  
Key Industries ◽  
The Eu

This chapter briefly discusses the subject of merger control. Merger control is an important component of most, though not all, systems of competition law. Merger control has been under particular scrutiny in recent years, partly as a result of the rapid development of digital technologies and the emergence of powerful digital platforms. Separately there has been a certain backlash against the trend towards the globalisation of markets, and national governments, as well as the EU, have considered whether controls over the foreign acquisition of key industries are required, and whether the basic test of merger control – would a merger be harmful to competition? – should be supplemented by broader provisions enabling ‘the public interest’ to be taken into account. Against this background, the chapter begins by explaining what is meant by a ‘merger’ or ‘concentration’, the term used by the EU Merger Regulation (EUMR). It then proceeds to describe the different effects of mergers between independent firms from within and different production levels, the proliferation of systems of merger control, why firms merge, and the purpose of merger control. The final section of the chapter deals with how to design a system of merger control when a country decides, as a matter of policy, to adopt one.

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