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POSTS BY Jacob van de Kerkhof
17 January 2025

Musk, Techbrocracy, and Free Speech

In this blogpost, I situate and address Musk’s position within the broader EU debate on freedom of expression. The purpose of this symposium is to elucidate aspects that make Musk, his influence, and his provocations to the EU legal order, problematic under EU law, and, should we consider his influence as unwanted, harmful or illegal, whether EU law can provide answers to it. This post centres on three points: (i) Musk’s changes to X’s content moderation process, (ii) Musk’s usage of X to amplify select political candidates and (iii) Musk’s ownership of Starlink. It ends with a note on how this fits in a grander theme, which has been dubbed by commentators such as Paul Bernal as the ‘techbrocracy’. Continue reading >>
17 May 2023
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Social Media Contracts – The Quest for Fairness and the Need for Reform

The social media landscape is changing. The ‚public forum‘ is now filled with citizens selling products, promoting services, charging for subscriptions, and sometimes seeking attention in ways which may not be socially desirable. We ask: How can a space that is becoming increasingly commercialised, monetised, and is a source of income for many nevertheless be fair? Continue reading >>
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28 October 2022
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Fakeness in Political Popularity

Politics in a democratic society have long been a glorified popularity contest, which we can all hope the most capable person wins. Hence, politicians have an incentive to artificially boost their online popularity through fakeness – fake comments, fake followers, fake likes. On a fundamental level, a false sense of popularity may affect our election outcomes – so what are the legal limits of fakeness? Continue reading >>
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22 April 2022

Elon Musk Wants to Buy Twitter to Create a Free Speech Utopia: Now What?

The enigmatic Tesla founder Elon Musk has made a public offer to buy 100% of Twitter’s shares at approximately 138% of each share’s value. In his letter of intention submitted to the U.S. Securities and Exchange Commission, Musk describes that free speech is necessary in a democratic society, and he wishes to unlock its full potential by bringing Twitter under (his) private ownership. Constitutionally this raises an interesting point: if indeed a billionaire wants to change the rules of speech on the ‘new public squares’ by acquiring a social media platform, can he – and should he be able to? Continue reading >>
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