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YSEC Yearbook of Socio-Economic Constitutions 2021 - Triangulating Freedom of Speech (Hardcover, 1st ed. 2022)
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YSEC Yearbook of Socio-Economic Constitutions 2021 - Triangulating Freedom of Speech (Hardcover, 1st ed. 2022)
Series: YSEC Yearbook of Socio-Economic Constitutions, 2021
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This volume addresses contemporary challenges, enabled by modern
technology, that concern upholding freedom of speech where it
conflicts with social rights, such as respect for private and
family life, and with economic rights, such as the freedom to
conduct business or the right to free movement. In today's
networked world, technological shifts happen faster than most
people even realize. Some of these shifts have made us all
potentially powerful: media powerful. We used to sit in silence in
front of newspapers and TV screens, and the world was explained to
us by just a few sources. Today, thanks to the Internet, social
media, and Web 2.0, we can not only share our own thoughts with
everyone in a more self-determined way, but we can also take part
in public debate and even co-shape it ourselves. Of course, the
Internet is not a counter-design to the communication (power)
structures of the past. Gains in communicative self-determination
are threatened due to algorithmisation, platformisation, and value
extraction from self-created private markets. At the same time, the
empowerment of the individual challenges the old "grand speakers"
who are suddenly detecting "fake news", echo chambers, and filter
bubbles everywhere on the Internet. Internet-based communication
allegedly hinders us from the "one truth"; as if newspaper hoaxes,
propaganda, and narrow-mindedness were an invention of the
Internet. The current heated debate over "fake news", copyright,
and "upload filters" shows that we are unsure of how to deal with
the newer and more complex phenomena of Internet-based speech. This
is due in no small part to the fact that an important benchmark -
our constitutional compass - is still firmly rooted in the past.
Constitutions change far more slowly than technologies. Societal
changes can drive constitutional changes; but what about normative
content control? Today, there are already demands for "old-school
clarity": truth filters on social media platforms, horrendous sums
of liability for platforms that encourage (overly)thorough cleaning
up. However, it is equally true that private individuals
"regulate": they decide what is found on the Internet and who may
post on a given platform. Accounting for all interests at play and
striking a "fair" balance that avoids both a public and private
over- and under-regulation is a complex matter. The authors of this
volume not only provide reflections in their highly topical
contributions, but also share their understanding of what
constitutes a fair balance within the larger frame of freedom of
speech in a digital age.
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