A New Model for Media Regulation
Censorship or accountable conduct? Privatisation of law enforcement or efficient co-regulation of new media? We are witnessing differing but interrelated discussions on fundamental proposals in the European Union (EU) touching on these issues. The future regulation of online media content concerning hate speech and protection of minors, viral spreading of fake news on social media and the fight against copyright infringement on video-sharing platforms has led to heated debates among stakeholders on regulatory propositions by the European Commission. There are essential though competing concepts on the responsibility of online media platforms for illegal, harmful or misleading content hosted by them and on the role of the judiciary and of state authorities within newly emerging regulatory value chains.
In this article I give an overview of the key notions and offer critical questions for debate on how to represent the public interest in regulating online media platforms and on the role of national regulators within this framework.