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4 - Data as Speech and Expression

Trade Aspects of Media Content Regulation

from Part II - Driving Datafication

Published online by Cambridge University Press:  28 March 2024

Shin-yi Peng
Affiliation:
National Tsing Hua University
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Summary

Media platformization has caused problems that a state cannot easily regulate. The media content regulations considered in Chapter 4 are prime examples demonstrating the need to alter the power distribution in the Internet ecosystem. In terms of speech platforms, the “rules-based” platform governance model led by the EU, such as the DSA, now represents a strong power in balancing the US’ CDA-based social media self-regulation. The years to come will be critical to the global governance of digital platforms. Key indicators include whether more and more countries will adopt DSA-like regulations along the EU regulatory path. In terms of streaming services, the content quotas for video streaming platforms may constitute performance requirements for investment in services. This measure may also violate the obligations that apply to the nondiscriminatory treatment of digital products. Looking ahead, cultural diversity concerns regarding avatars in the VR space will be even more complex and will propel the “trade v. culture” clash to another level. No matter how carefully crafted, media content regulation must face enforceable reality. Trade rules that ban local presence would enable platform companies to supply services without establishing a local presence, which could significantly constrain a state’s ability to enforce platform regulations.

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Publisher: Cambridge University Press
Print publication year: 2024

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  • Data as Speech and Expression
  • Shin-yi Peng, National Tsing Hua University
  • Book: International Economic Law in the Era of Datafication
  • Online publication: 28 March 2024
  • Chapter DOI: https://doi.org/10.1017/9781009355025.007
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  • Data as Speech and Expression
  • Shin-yi Peng, National Tsing Hua University
  • Book: International Economic Law in the Era of Datafication
  • Online publication: 28 March 2024
  • Chapter DOI: https://doi.org/10.1017/9781009355025.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Data as Speech and Expression
  • Shin-yi Peng, National Tsing Hua University
  • Book: International Economic Law in the Era of Datafication
  • Online publication: 28 March 2024
  • Chapter DOI: https://doi.org/10.1017/9781009355025.007
Available formats
×