Platforms, Algorithmic Governance and Privatized Censorship
Format of the session: Flash talk (10 mins)
The emergance of ‘platforms’ has been a defining element of contemporary networked societies. ‘Social Media’ platforms in particular play a critical role in shaping public spheres and redefining democratic participation in the networked sphere, through the algorithmic enforcement of privatized content censorship, filtration and other forms of content moderation practices. These practices are embedded in, and shaped by legal, social and institutional cultures.
In this brief talk, I will explore the world of algorithmic speech governance on social media platforms in light of emerging legal and political trends attempting to influence such practices, such as India’s emerging norms on intermediary liability and the European Union’s rules on automated content filtration for copyright. I argue that automated (or algorithmic) content filtration is both pervasive and inevitable, and legal frameworks must be appropriately framed towards curtailing undemocratic and harmful practices of privatized and opaque content moderation by platforms and their algorithmic systems.
- Introduction - Platforms and the politics of censorship in a networked society.
- The emergance of platform power.
- The perils of algorithmic content moderation.
- Legal frameworks and the inappropriateness of ‘intermediary liability’.
- Contending with platforms - public accountability of algorithmic speech governance.
I am an independent legal researcher and a Mozilla Technology Policy Fellow working on ‘Artificial Intelligence’ policy in India. I have researched and written extensively about technology policy and legal issues including intellectual property rights, intermediary liability and data protection.
- My personal website: divij.me
- My writing on Indian Intermediary Guidelines: https://spicyip.com/2019/01/draft-intermediary-guidelines-rules-will-undermine-fair-dealing-and-access-to-knowledge-online.html / https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3326368
- On the EU Copyright Directive: https://www.eff.org/deeplinks/2019/03/european-copyright-directive-what-it-and-why-has-it-drawn-more-controversy-any
- On algorithms and contextual speech: http://spheres-journal.org/the-difference-that-difference-makes/
- Online copyright enforcement: https://law.stanford.edu/wp-content/uploads/2016/10/Accountability-in-Algorithmic-Copyright-Enforcement.pdf
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