Towards a regulatory framework in the regulation of social media
Fellows, Jamie (2016) Towards a regulatory framework in the regulation of social media. Res Judicata: contemporary issues in administrative and public law, 1 (2).
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Abstract
This article discusses the reasons for, and possible models associated with regulating social media. In regards to a possible regulatory framework governing computer mediated communication ("CMC") and social networking sites ("SNS"), Perritt proposes what he terms as a 'hybrid regulatory scheme for the internet'.[1] According to Perritt, such a scheme would consist of, among other things, extended tort-based theories of public nuisance and intentional interference.[2] The strength of this argument seems to be directed at corporations and would rely on a process of private regulation between each corporate entity. There are obvious limitations with this approach, especially where the potential for harm lies with individuals as opposed to corporations; especially individuals with varying levels of legal capacity to bring an action against perpetrators in tort.
Item ID: | 42894 |
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Item Type: | Article (Commentary) |
ISSN: | 2206-3145 |
Keywords: | regulation, social media |
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Date Deposited: | 09 Aug 2016 03:27 |
FoR Codes: | 48 LAW AND LEGAL STUDIES > 4801 Commercial law > 480103 Corporations and associations law @ 50% 48 LAW AND LEGAL STUDIES > 4804 Law in context > 480411 Media and communication law @ 50% |
SEO Codes: | 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940405 Law Reform @ 50% 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940406 Legal Processes @ 50% |
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