Naslov
Constitutional Reasoning There and Back Again: The Facebook Oversight Board as a Source of Transnational Constitutional Advice

Autori
Miloš, Matija ; Pelić, Toni

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
European Yearbook of Constitutional Law

Urednik/ci
De Poorter, Jurgen ; van der Schyff, Gerhard ; Stremler, Maarten ; De Visser, Maartje

Izdavač
Springer

Grad
Den Haag

Godina
2022

Raspon stranica
197-223

ISSN
2405-6111

Ključne riječi
constitutional advice ; constitutional theory ; digital constitutionalism ; freedom of expression ; free speech ; global constitutionalism ; intermediaries ; Internet ; social networks

Sažetak
The recently inaugurated Oversight Board is expected to increase transparency of content moderation on Facebook and Instagram. Rather than enforcing only corporate policies, however, the Board’s first decisions relied on ‘international standards of freedom of expression’. Using this development as a starting point, we ask how may freedom of expression restrict the dominance of private corporations over the digital sphere. In contrast to the literature that has explored this issue from a primarily court-centric perspective, we reconstruct the role of freedom of expression as a field of constitutional advice and theorize the role of the Oversight Board in this context. We argue that freedom of expression, in addition to being the subject matter of disputes before (supra)national courts and the Board, may be seen as both empowering and restricting community building and belonging in the digital sphere. While this facet of free speech is not new, it is likely to gain increased importance in the interaction between contemporary constitutional democracies and corporations that shape the digital. We place constitutional advice against this background and differentiate the uses it may have in the interaction between public and private power in the digital era.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA