Contested Sovereignties: States, Media Platforms, Peoples, and the Regulation of Media Content and Big Data in the Networked Society

This article examines the legal and normative foundations of media content regulation in the borderless networked society. We explore the extent to which internet undertakings should be subject to state regulation, in light of Canada’s ongoing debates and legislative reform. We bring a cross-discipl...

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Main Authors: Pascale Chapdelaine, Jaqueline McLeod Rogers
Format: Article
Language:English
Published: MDPI AG 2021-08-01
Series:Laws
Subjects:
Online Access:https://www.mdpi.com/2075-471X/10/3/66
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author Pascale Chapdelaine
Jaqueline McLeod Rogers
author_facet Pascale Chapdelaine
Jaqueline McLeod Rogers
author_sort Pascale Chapdelaine
collection DOAJ
description This article examines the legal and normative foundations of media content regulation in the borderless networked society. We explore the extent to which internet undertakings should be subject to state regulation, in light of Canada’s ongoing debates and legislative reform. We bring a cross-disciplinary perspective (from the subject fields of law; communications studies, in particular McLuhan’s now classic probes; international relations; and technology studies) to enable both policy and language analysis. We apply the concept of sovereignty to states (national cultural and digital sovereignty), media platforms (transnational sovereignty), and citizens (autonomy and personal data sovereignty) to examine the competing dynamics and interests that need to be considered and mediated. While there is growing awareness of the tensions between state and transnational media platform powers, the relationship between media content regulation and the collection of viewers’ personal data is relatively less explored. We analyse how future media content regulation needs to fully account for personal data extraction practices by transnational platforms and other media content undertakings. We posit national cultural sovereignty—a constant unfinished process and framework connecting the local to the global—as the enduring force and justification of media content regulation in Canada. The exercise of state sovereignty may be applied not so much to secure strict territorial borders and centralized power over citizens but to act as a mediating power to promote and protect citizens’ individual and collective interests, locally and globally.
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spelling doaj.art-1f15dcf749ac46eb950266e71648d9282023-11-22T13:54:57ZengMDPI AGLaws2075-471X2021-08-011036610.3390/laws10030066Contested Sovereignties: States, Media Platforms, Peoples, and the Regulation of Media Content and Big Data in the Networked SocietyPascale Chapdelaine0Jaqueline McLeod Rogers1Faculty of Law, University of Windsor, Windsor, ON N9B 3P4, CanadaDepartment of Rhetoric, Writing, and Communications, University of Winnipeg, Winnipeg, MB R3B 2E9, CanadaThis article examines the legal and normative foundations of media content regulation in the borderless networked society. We explore the extent to which internet undertakings should be subject to state regulation, in light of Canada’s ongoing debates and legislative reform. We bring a cross-disciplinary perspective (from the subject fields of law; communications studies, in particular McLuhan’s now classic probes; international relations; and technology studies) to enable both policy and language analysis. We apply the concept of sovereignty to states (national cultural and digital sovereignty), media platforms (transnational sovereignty), and citizens (autonomy and personal data sovereignty) to examine the competing dynamics and interests that need to be considered and mediated. While there is growing awareness of the tensions between state and transnational media platform powers, the relationship between media content regulation and the collection of viewers’ personal data is relatively less explored. We analyse how future media content regulation needs to fully account for personal data extraction practices by transnational platforms and other media content undertakings. We posit national cultural sovereignty—a constant unfinished process and framework connecting the local to the global—as the enduring force and justification of media content regulation in Canada. The exercise of state sovereignty may be applied not so much to secure strict territorial borders and centralized power over citizens but to act as a mediating power to promote and protect citizens’ individual and collective interests, locally and globally.https://www.mdpi.com/2075-471X/10/3/66media content regulationsovereigntytransnational digital platformsbroadcasting regulationMcLuhanCanada
spellingShingle Pascale Chapdelaine
Jaqueline McLeod Rogers
Contested Sovereignties: States, Media Platforms, Peoples, and the Regulation of Media Content and Big Data in the Networked Society
Laws
media content regulation
sovereignty
transnational digital platforms
broadcasting regulation
McLuhan
Canada
title Contested Sovereignties: States, Media Platforms, Peoples, and the Regulation of Media Content and Big Data in the Networked Society
title_full Contested Sovereignties: States, Media Platforms, Peoples, and the Regulation of Media Content and Big Data in the Networked Society
title_fullStr Contested Sovereignties: States, Media Platforms, Peoples, and the Regulation of Media Content and Big Data in the Networked Society
title_full_unstemmed Contested Sovereignties: States, Media Platforms, Peoples, and the Regulation of Media Content and Big Data in the Networked Society
title_short Contested Sovereignties: States, Media Platforms, Peoples, and the Regulation of Media Content and Big Data in the Networked Society
title_sort contested sovereignties states media platforms peoples and the regulation of media content and big data in the networked society
topic media content regulation
sovereignty
transnational digital platforms
broadcasting regulation
McLuhan
Canada
url https://www.mdpi.com/2075-471X/10/3/66
work_keys_str_mv AT pascalechapdelaine contestedsovereigntiesstatesmediaplatformspeoplesandtheregulationofmediacontentandbigdatainthenetworkedsociety
AT jaquelinemcleodrogers contestedsovereigntiesstatesmediaplatformspeoplesandtheregulationofmediacontentandbigdatainthenetworkedsociety