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The Legal Challenges of Social Media

Edited by David Mangan, Lecturer, City, University of London, UK and Adjunct Professor, Osgoode Hall Law School, York University, Canada and Lorna E. Gillies, Lecturer, University of Strathclyde, UK
Social media enables instant access to individual self-expression and the sharing of information. Social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from public and private law perspectives and outlines how the law, in various legal sub-disciplines and with varying success, has endeavoured to adapt existing tools to social media.
Extent: 352 pp
Hardback Price: $155.00 Web: $139.50
Publication Date: 2017
ISBN: 978 1 78536 450 1
Availability: In Stock
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  • Law - Academic
  • Human Rights
  • Information and Media Law
  • International Commercial Law
  • Internet and Technology Law
  • Law and Society
  • Law of Obligations
  • Private International Law
Social media offers a platform for individual self-expression and the sharing of information. However, social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from both public and private law perspectives and outlines how the law has endeavoured to adapt the existing tools to social media.

The expert contributors explore a range of ideas to investigate the intersection between law and social media and they provide an insight into the challenges the legal community currently face. This collection explores key topics such as public and private law implications, the gap between the lay and legal understandings of social media, the conflict of laws regarding social media and the individual rights associated with social media.

This timely study of a complex and ever-changing area of law will be of interest to legal scholars, students and practitioners and will provide a valuable source of reference for those studying or researching media and journalism.
‘After the legal challenges caused by the internet in general, the interactive web 2.0 added another dimension of legal complexity with social media as the most prominent exponent. This book brings together the best experts, and offers sharp analyses from the angle of the rule of law, contempt of court, press regulation, freedom of expression, working places, complaints, liability and human rights. The book cuts across legal disciplines and explores new paths, making it a valuable addition to the field of internet law.’
– Arno R. Lodder, Vrije Universiteit Amsterdam, the Netherlands

‘In the early years of the World Wide Web, legal scholars predicted that much of the conventional wisdom on information policy would be challenged by full, democratic access to mass distribution and publication. This terrific collection of essays breathes new life into the middle-aged problems of “cheap speech”. Each contribution elegantly serves up big, foundational problems in the law through focused examination of specific topics, such as how social media has driven up the use of harassment laws and contempt of court orders, or how private intermediaries decide what a “joke” is. This collection will be both educational and a sheer joy to read for anybody with a serious or casual interest in communications law.?‘
– Jane Bambauer, University of Arizona, US
Contributors: R.D. Barnes, E. Garnier, L.E. Gillies, E. Harbinja, E.B. Laidlaw, D. Mac Síthigh, D. Mangan, A. Mills, A.D. Murray, J. Rowbottom, A. Scott, I. Walden, L. Woods, P. Wragg

Contents:

Foreword
Sir Edward Garnier QC

1. Introduction
David Mangan and Lorna E. Gillies

A. Social media and the law
2. Mapping the rule of law for the internet
Andrew D. Murray

B Public order in a virtual space
3. Crime and communication: do legal controls leave enough space for freedom of expression
Jacob Rowbottom

4. Press regulation in a converging environment
Ian Walden

5. Contempt of court and new media
Daithí Mac Síthigh 

6. Social media: it is not just about Article 10
Lorna Woods

C Private law responses to social media
7. What is a joke? Mapping the path of a speech complaint on social networks
Emily B. Laidlaw

8. Social media, sporting figures and the regulation of morality
Robin D. Barnes and Paul Wragg

9. Post-mortem social media: law and Facebook after death
Edina Harbinja

10. Social media in the workplace
David Mangan

11. An unwholesome layer cake: intermediary liability in English defamation and data protection law
Andrew Scott

D Cross border regulation of virtual space
12. Getting the balance right: human rights in residual jurisdiction rules of English courts for cross-border torts via social media
Lorna E. Gillies

13. Choice of law in defamation and the regulation of free speech on social media: nineteenth century law meets twenty-first century problems
Alex Mills

Index