Regulatory capitalism, decentred enforcement and its legal consequences for digital expression : the use of copyright law to restrict freedom of speech online

Farrand, Benjamin (2013) Regulatory capitalism, decentred enforcement and its legal consequences for digital expression : the use of copyright law to restrict freedom of speech online. Journal of Information Technology and Politics, 10 (4). pp. 404-422. ISSN 1933-1681 (https://doi.org/10.1080/19331681.2013.843922)

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Abstract

Copyright as currently understood is justified by the belief that the protection it grants to creators incentivises the continued creation of works deemed culturally beneficial to society. However, its use can be less altruistic, as a means of suppressing embarrassing or controversial information. The ability to disseminate sensitive material quickly through the Internet concerns both State and non-State actors, and there are indications that through the use of private intermediaries, copyright can be used to suppress speech. This article shall seek to explain how the current neoliberal system of governance blurs the line between public and private actors, creating a diffused and decentralised system of copyright enforcement that allows for the suppression of speech in a way that avoids discussion of censorship.

  • Item type:Article
    ID code:45963
    Dates:
    Date
    Event
    2013
    Published
    18 September 2013
    Published Online
    Keywords:copyright, neoliberalism, regulatory capitalism, freedom of expression, censorship, fair use, intermediaries, Law, Law, Sociology and Political Science, SDG 16 - Peace, Justice and Strong Institutions
    Subjects:Law
    Department:Faculty of Humanities and Social Sciences (HaSS) > School of Law > Law
    Depositing user: Pure Administrator
    Date deposited:18 Nov 2013 13:23
    Last modified:05 Feb 2023 02:20
    Related URLs:
    URI:https://strathprints.strath.ac.uk/id/eprint/45963
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