{"title":"社交媒体治理中的公共和私人权力:多方利益相关者主义、法治和民主问责制","authors":"Rachel Griffin","doi":"10.1080/20414005.2023.2203538","DOIUrl":null,"url":null,"abstract":"ABSTRACT Due to their political power, the largest social media platforms are often compared to governments. Consequently, their unaccountability to the public has prompted widespread concern. This article examines two prominent responses in academic and policy debates, here characterised as the multistakeholderist and rule of law responses. The former aims to increase civil society influence in platform governance. The latter argues platforms should follow similar rule of law principles to public institutions. Neither response offers meaningful democratic accountability. Their ‘tech exceptionalist’ view of platforms as state-like entities focuses on regulating existing concentrations of power instead of structural reforms, and they largely overlook the role of state regulation in constituting corporate power. Neither considers substantially reforming today’s privatised, highly-concentrated social media market. Consequently, they at best offer partial and unequal accountability. Instead, the article advocates reforms guided by an ideal of economic democracy, aiming to redistribute ownership and control of digital infrastructure.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"14 1","pages":"46 - 89"},"PeriodicalIF":0.0000,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":"{\"title\":\"Public and private power in social media governance: multistakeholderism, the rule of law and democratic accountability\",\"authors\":\"Rachel Griffin\",\"doi\":\"10.1080/20414005.2023.2203538\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT Due to their political power, the largest social media platforms are often compared to governments. Consequently, their unaccountability to the public has prompted widespread concern. This article examines two prominent responses in academic and policy debates, here characterised as the multistakeholderist and rule of law responses. The former aims to increase civil society influence in platform governance. The latter argues platforms should follow similar rule of law principles to public institutions. Neither response offers meaningful democratic accountability. Their ‘tech exceptionalist’ view of platforms as state-like entities focuses on regulating existing concentrations of power instead of structural reforms, and they largely overlook the role of state regulation in constituting corporate power. Neither considers substantially reforming today’s privatised, highly-concentrated social media market. Consequently, they at best offer partial and unequal accountability. Instead, the article advocates reforms guided by an ideal of economic democracy, aiming to redistribute ownership and control of digital infrastructure.\",\"PeriodicalId\":37728,\"journal\":{\"name\":\"Transnational Legal Theory\",\"volume\":\"14 1\",\"pages\":\"46 - 89\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-01-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Transnational Legal Theory\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/20414005.2023.2203538\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Transnational Legal Theory","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20414005.2023.2203538","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Public and private power in social media governance: multistakeholderism, the rule of law and democratic accountability
ABSTRACT Due to their political power, the largest social media platforms are often compared to governments. Consequently, their unaccountability to the public has prompted widespread concern. This article examines two prominent responses in academic and policy debates, here characterised as the multistakeholderist and rule of law responses. The former aims to increase civil society influence in platform governance. The latter argues platforms should follow similar rule of law principles to public institutions. Neither response offers meaningful democratic accountability. Their ‘tech exceptionalist’ view of platforms as state-like entities focuses on regulating existing concentrations of power instead of structural reforms, and they largely overlook the role of state regulation in constituting corporate power. Neither considers substantially reforming today’s privatised, highly-concentrated social media market. Consequently, they at best offer partial and unequal accountability. Instead, the article advocates reforms guided by an ideal of economic democracy, aiming to redistribute ownership and control of digital infrastructure.
期刊介绍:
The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.