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This Research Handbook critically examines the complex relationship between social media and the law. Expert scholars and practitioners analyze key issues through both practical and theoretical lenses, highlighting opportunities for advancing legal scholarship in the field.Featuring perspectives from Asia, Australia, Europe and North America, chapters address the impact of social media in a wide range of global settings. Contributing authors discuss important legal topics including offensive online speech, regulating platforms and intellectual property rights, drawing on relevant court cases and decisions. They shed light on the challenges presented by social media in the courtroom and at the workplace, evaluating possible solutions and underscoring the need for the jury system to adapt to ongoing change. The Research Handbook concludes by considering the future of social media and the law, exploring the emerging potential of the metaverse and suggesting innovative alternatives to traditional research methods.Students and scholars of law and society, information and media law, and regulation and governance will benefit from the insights in this incisive Research Handbook. It is also an invaluable resource for legal practitioners seeking to understand developments in social media law across the globe.
Edited by Thaddeus Hoffmeister, University of Dayton, USA and Marilyn Bromberg, The University of Western Australia, Australia
ContentsIntroduction to the Research Handbook on Social Media 1Marilyn Bromberg and Thaddeus HoffmeisterPART I OFFENSIVE SPEECH ON SOCIAL MEDIA1 Defamation and social media law 8Lisa Ward and Julia Day2 Navigating online hate speech: a study from the New Zealand context 38Rachel Sue Yin Tan3 Counterman v. Colorado: the law of social media threats 57Jeremy Harris Lipschultz4 Regulating expressions on social media: communication offences – anEnglish and Welsh law perspective 71Laura Higson-Bliss and Adam PendleburyPART II REGULATION OF SOCIAL MEDIA PLATFORMS5 Section 230 and social media immunity 94Gregory M. Dickinson6 Internal governance of social media platforms 112Kevin Frazier7 Terms of service of social media platforms 166Przemysław Pałka8 Transparency requirements and the marketplace of ideas 184Jared Schroeder and Evan Sparks Ringel9 Social media and intellectual property rights 202Enrico Bonadio and Akshita RohatgiPART III SOCIAL MEDIA IN COURT AND AT THE WORKPLACE10 ‘Suspicious minds’: the challenge of social media’s pre-trial publicity 225Nicholas Cardaci and Marilyn Bromberg11 Social media and employment law 253Justin Pen and Emily AitkenPART IV THE METAVERSE AND FUTURE RESEARCH12 Social media through the metaverse lenses: a legal review 274Jon M. Garon13 Empirical research on social media for legal scholarship: opportunities andchallenges from experience with data protection law research 297Ana-Maria Hriscu
‘Social media is at the heart of many of the pressing issues of the day. This Research Handbook provides an excellent window into the laws and practices that shape our world, from the public sphere to the workplace. It’s a must-read for anyone interested in the future.’
Nicholas Hardy, Cambridge; Cambridge Faculty of English) Hardy, Nicholas (Research Fellow, Research Fellow, University Library and Darwin College, HARDY, Hardy