05 December 2024
Why Australia’s Social Media Ban for Kids May Breach Its Constitution
On 29 November 2024, the Australian federal Parliament enacted a world-first law, which imposed a minimum age for access to most social media sites in the country. The law will not come into full force for at least twelve months, to give time to social media platforms to devise appropriate methods for verifying the ages of users. The law might be a rare example that fails the proportionality test. Social media companies have the means and incentive to mount a constitutional challenge to find out; surely they are going to do so. Continue reading >>
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28 June 2024
Das Aus für Influencer in Uniform?
„Officer Denny“ darf keinen privaten TikTok-Account betreiben, mit dem er über seinen Alltag als Polizist in der Bundeshauptstadt informiert. Dies hat das VG Berlin im März bestätigt, nachdem der Dienstherr dem Polizeibeamten untersagt hatte, seinen Account weiter zu betreiben. Die nun veröffentlichten Entscheidungsgründe zeigen, dass das Gericht der Argumentation des Dienstherren weitestgehend folgt. Das VG Berlin verpasst aber die Gelegenheit, Meinungsfreiheit und beamtenrechtliche Neutralitätspflicht überzeugend ins Verhältnis zu setzen. Continue reading >>
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30 May 2024
Follow Me to Unregulated Waters!
In this article, I will demonstrate how some major platforms are failing to properly implement the Digital Service Act's (DSA) rules on notice and action mechanisms. In my view, many platforms are unduly nudging potential notice-senders to submit weak, largely unregulated Community Standards flags. At the same time, platforms are actively deterring users from submitting (strong) notices regulated under the DSA. Continue reading >>
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08 April 2024
To Define Is Just to Define
Social media allows users to share content worldwide. This also enables users to distribute illegal content. The laws of the EU Member States vary greatly when it comes to what content they consider to be illegal, especially regarding hate speech. Thus, it is important which national law applies in cross-border cases concerning online content. Ultimately, this question is closely linked to the broader reshuffling of power in the digital sphere: will it be actual ‘law’ that platforms enforce online or norms made by platforms themselves? So far, the law of 27 Member States plus the EU itself remains utterly chaotic compared to the more uniform Terms of Service (ToS) of the internet giants. Continue reading >>
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14 February 2024
Absolute Truths and Absolutist Control
Last week, the Bombay High Court delivered its judgment in Kunal Kamra v. Union of India, comprising a split verdict on the constitutional validity of the Information Technology Rules, 2023. The rules install an institutional regime for determining – and warranting takedown by social media intermediaries – of content relating to the Central Government deemed “fake, false or misleading”. This regime was challenged on three main grounds – first, its violation of citizens’ free expression due to “fake, false, or misleading” speech being constitutionally protected; second, the pedestalization of state-related information, such that it enters public discourse with a single, truthful formulation, as being an illegitimate and disproportionate measure; and third, the violation of natural justice in enabling the state to determine truth and falsity concerning itself. Continue reading >>13 November 2023
A Primer on the UK Online Safety Act
The Online Safety Act (OSA) has now become law, marking a significant milestone in platform regulation in the United Kingdom. The OSA introduces fresh obligations for technology firms to address illegal online content and activities, covering child sexual exploitation, fraud, and terrorism, adding the UK to the array of jurisdictions that have recently introduced new online safety and platform accountability regulations. However, the OSA is notably short on specifics. In this post, we dissect key aspects of the OSA structure and draw comparisons with similar legislation, including the EU Digital Services Act (DSA). Continue reading >>
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24 May 2023
Data After Life
Contract law in Europe currently has little grasp on the balancing of interests of social media users, their heirs, platforms, and society at large, which means that platforms play a key role in determining how digital legacies are handled. A human rights perspective can offer starting points for reforms that do more justice to the protection of digital identities of social media users. Continue reading >>24 May 2023
Monetising Harmful Content on Social Media
The possibility to profit from the dissemination of harmful content triggering views, engagement, and ultimately monetisation does not only concern the contractual relationship between social media and influencers, but also affects how other users enjoy digital spaces. The monetisation of harmful content by influencers should be a trigger, first, to expand the role of consumer law as a form of content regulation fostering transparency and, second, to propose a new regulatory approach to mitigate the imbalance of powers between influencers and users in social media spaces. Continue reading >>
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23 May 2023
Rethinking the Regulation of Financial Influencers
The growth of social media has led to an unprecedented rise in financial influencers, so-called finfluencers, who share investment ideas and opinions with a global audience, even if they are not qualified or licensed to provide financial advice. This can be particularly dangerous for retail investors with low levels of financial literacy. The regulation of financial influencers is a complex and multifaceted issue that demands a comprehensive approach; the current regulatory framework may not be adequate. Continue reading >>
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23 May 2023
Pay to Play
The rise of subscription-based business models in social media is part of a broader trend that can be observed in many industries. Against this background, it is necessary to adapt European consumer law to the new risks of the subscription economy.However, it is not enough to give consumers rights on paper. Nor is it sufficient to inform consumers about their rights in the small print. Effective consumer protection in digital markets requires a user interface design that enables consumers to exercise their rights with a simple click. Continue reading >>
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