Power to the Users

Tomer Shadmy*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract

Major online platforms deploy an array of policies and data-driven legislative and enforcement mechanisms, transforming economic, social, and technological powers into political might. While platforms use private law to legitimate the exercise of this form of power, the novel political relations and tools have a tremendous public impact, both on individuals’ and communities’ political freedom and on the public sphere. Digital rights literature that tends to focus on particular rights, such as privacy or freedom of expression, deals less with the implications of platforms’ emerging political authority. The article addresses this lacuna by (1) analyzing the quasi-sovereign power of platforms, (2) mapping how this form of power disrupts political freedom and the public sphere, (3) revealing a theoretical trap that blocks existing attempts to address the threats and (4) developing a bottom-up approach to resolve this bind. The article proposes the creation of “Users Unions” – legal structures that create affordance for users to have a collective voice within platforms’ corporate governance and decision-making mechanisms. The proposed structural reform could mitigate the power disparities between users and online platforms and assist in respecting, protecting, and fulfilling users’ political rights.

Original languageEnglish
Pages (from-to)167-204
Number of pages38
JournalLaw and Ethics of Human Rights
Volume17
Issue number2
DOIs
StatePublished - 1 Nov 2023

Bibliographical note

Publisher Copyright:
© 2023 De Gruyter. All rights reserved.

Keywords

  • content moderation
  • content regulation
  • digital rights
  • platform regulation
  • political participation
  • political rights

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