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
Item Type: Article (Commentary)
ISSN: 2206-3145
Keywords: regulation, social media
Related URLs:
Date Deposited: 09 Aug 2016 03:27
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation @ 50%
18 LAW AND LEGAL STUDIES > 1801 Law > 180119 Law and Society @ 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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