July 4 @ 16:30 - 18:00 Wroclaw (CEST)
Speech rights between public and private control
It has been said that we are entering a new era of speech regulation. Technological advancements on the internet infrastructure and distribution of their ownership have both created new forms and venues for the exercise of speech, and induced changes in the relationship between government and private enterprises, with significant implications for the regulation of the former. Jack Balkin calls this a triangular relation (government/private enterprises/speaker) diagnoses a change from Old School to New School speech regulation. Under New School, States prefer to target private platforms instead of speakers due to their particularly prominent role in regulating speech. For market and other reasons, these platforms have been developing their equivalent of well-known public institutions (bureaucracy, courts, rules of conduct) to facilitate and legitimize control. This panel will address this change in Public-Private roles and some of its promises and perils for speech rights.