Special Issue "Media and Communication Theory and the Regulation of the Networked Society"

A special issue of Laws (ISSN 2075-471X).

Deadline for manuscript submissions: closed (13 April 2021) | Viewed by 21253

Special Issue Editor

Dr. Pascale Chapdelaine
E-Mail Website
Guest Editor
Faculty of Law, University of Windsor, Windsor, Ontario N9B 3P4, Canada
Interests: regulation of e-commerce; privacy; communications; big data; consumer protection; contracts; intellectual property law

For list of co-guest editors, see "Special Issue Information"

Special Issue Information

Background

Unprecedented recent events have created a more general public awareness of the necessity of digital media platforms, devices, and services for the maintenance of day-to-day social and economic cohesion. In Canada, these events were featured in the Broadcasting and Telecommunications Legislative Review report Canada’s Communications Future: Time to Act (The “Report”) in January 2020, making them seem even more consequential. This is a transformative policy and regulatory framework that recommends much greater sensitivity with regards to the profound impact of digital media technologies, platforms, and business models on all facets of Canada’s economy, culture, and democratic institutions. The Report calls for a new regulatory regime which can replace an outdated system that was structured by a media environment that no longer exists. They explain that “[w]hat is different and challenging is the new network environment in which everything is connected and cognitized. Traditional approaches to regulation are no longer enough; lines of business and activities, once siloed, have blurred. New areas of risk have emerged. These issues must all be addressed” (p. 10). Although not explicitly stated, what the Report asks for is nothing short of a comprehensive theory of the media in a networked society, including ways to assess and anticipate the impact of new techniques and technologies of communication.

Media theory and scholarship worldwide have engaged with such concerns, and in Canada, these have been approached from an arguably unique set of geopolitical, geographic, and cultural perspectives, reflecting the fraught history of Canadian nationhood. Our project asks current scholars at the intersection of media and legal theory to reflect upon and question the extent to which this diverse set of Canadian and other scholarly perspectives might address the concerns outlined above. Canada has already served as an incubator for important theoretical media insights. For example, Marshall McLuhan’s tetrad of media effects offered a heuristic for more holistically assessing the potentially unintended consequences of new media forms for individuals and collectives. Like other works by canonical figures in the Canadian media theory tradition, McLuhan’s project should not be considered a final and complete work, but rather a set of challenges meant to expand collective preparation and the response to our own state of conditionedness. Our goal with this collection is to foster a broader conversation between legal theorists and communication theorists that are engaging with, critiquing, and/or building upon this tradition.

Overview

This Special Issue will probe connections between the historical and intellectual development of media studies in Canada and elsewhere, and the field’s potential influence on legal thought and theorization, in Canada and beyond. This Special Issue brings together scholars from various disciplines, including, but not limited to; law, communication, media, the arts, geography, and political science, to reflect on the challenges posed by the regulation of digital media platforms as liminal spaces that undermine clear distinctions between public and private. 

To address these disparate topics, our collection asks contributors to consider how canonical and contemporary media scholarship in Canada and worldwide might accommodate current and future legal scholarship focused on digital media. How can an attention to geography, including national sovereignty and the cross-border flows of goods and information, help us to identify intellectual and/or methodological markers that might usefully integrate law and media studies within this new utility?

We invite contributions that address the following questions:

  • Can contemporary media theoretical and legal scholarship converge in ways that would help theorize contradictions between patterns of globalization (economies, cultures, technologies) and the reassertion of national sovereignty and border control?
  • How do we highlight the relationship between changing media environments and regulatory frameworks?
  • Does Canada have a unique geopolitical vantage point from which to explore the interface of media theory and jurisprudence, as they apply to regulation and policy? 

This collection invites contributions reflecting on theories of media and communication and innovations in legal thought and analysis. The contemporary media environment is a new juridical space requiring novel and unconventional approaches that are sensitive to the affordances and unintended consequences of new media. Topics may include:

  • issues related to personal data sovereignty
  • facial recognition
  • algorithmic discrimination
  • e-commerce
  • consumer protection
  • cryptocurrency
  • Internet of Things
  • cybersecurity
  • machine learning and artificial intelligence
  • state and corporate surveillance strategies
  • censorship and freedom of expression
  • drones and autonomous vehicles
  • economic and environmental sustainability
  • pandemics and digital social cohesion
  • telework platforms
  • other issues of pressing importance

We request that, prior to submitting a manuscript, interested authors initially submit a proposal title and an abstract of 500–1000 words summarizing their intended contribution. This should include the research question(s), methodology and keywords. In addition, please also provide the author's name, author's title, their function, and their university affiliation. Please send this to the Laws editorial office (). Abstracts will be reviewed by the guest editors for the purposes of ensuring a proper fit within the scope of the Special Issue. Full manuscripts will undergo a double-blind peer review.

Special Issue Editors

Assoc. Prof. Pascale Chapdelaine E-Mail Website 
Guest Editor
Faculty of Law, University of Windsor, Windsor, Ontario N9B 3P4, Canada
Interests: regulation of e-commerce; privacy; communications; big data; consumer protection; contracts; intellectual property law

Assist. Prof. Vincent Manzerolle E-Mail Website
Guest Editor
Department of Communication, Media and Film, University of Windsor, Windsor, Ontario N9B 3P4, Canada
Interests: media theory; political economy of digital platforms; apps & mobile payment systems; environmental impact of digital infrastructure

Assoc. Prof. Michael Darroch E-Mail
Guest Editor
Department of Cinema & Media Arts, School of the Arts, Media, Performance & Design, York University, Toronto, ON M3J 1P3, Canada
Interests: media art histories; visual culture

Mr. Philip Morais E-Mail Website
Guest Editor
Faculty of Law, University of Windsor, Windsor, Ontario N9B 3P4, Canada
CEO/Founder, Sea Horse Ink
Interests: law and communication studies; the Toronto school of communication; Marshall McLuhan; media ecology

Schedule:

  • Abstract Submission Deadline: 8th January 2021;
  • Notification of Acceptance: 31th January 2021;
  • Full manuscript deadline: 13th April 2021.

Assoc. Prof. Pascale Chapdelaine
Assist. Prof. Vincent Manzerolle
Assoc. Prof. Michael Darroch
Mr. Philip Morais
Guest Editors

Manuscript Submission Information

Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All submissions that pass pre-check are peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.

Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are thoroughly refereed through a double-blind peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the Instructions for Authors page. Laws is an international peer-reviewed open access semimonthly journal published by MDPI.

Please visit the Instructions for Authors page before submitting a manuscript. The Article Processing Charge (APC) for publication in this open access journal is 1200 CHF (Swiss Francs). Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Keywords

  • media & communication theory and regulation
  • legal theory
  • Canada
  • digital platforms
  • privacy
  • personal data
  • AI
  • algorithms
  • consumer protection
  • Marshall McLuhan
  • globalisation
  • sovereignty

Published Papers (7 papers)

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Editorial

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Editorial
The Regulation of Media and Communications in the Borderless Networked Society
Laws 2021, 10(4), 78; https://doi.org/10.3390/laws10040078 - 15 Oct 2021
Viewed by 2146
Abstract
This Special Issue1 builds on the interdisciplinary dialogue that took place at the University of Windsor (Canada) symposium on the regulation of digital platforms, new media and technologies in the fall of 2019 [...] Full article

Research

Jump to: Editorial

Article
Contested Sovereignties: States, Media Platforms, Peoples, and the Regulation of Media Content and Big Data in the Networked Society
Laws 2021, 10(3), 66; https://doi.org/10.3390/laws10030066 - 18 Aug 2021
Cited by 1 | Viewed by 3019
Abstract
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 [...] Read more.
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. Full article
Article
Toward a Post-Apocalyptic Rule of Law
Laws 2021, 10(3), 65; https://doi.org/10.3390/laws10030065 - 16 Aug 2021
Cited by 1 | Viewed by 3155
Abstract
This paper considers how science fiction, and the subgenres of speculative historicism and futurism in particular, might open legal discourse to hitherto unseen and potentially instructive perspectives. It begins with the proposition that recent historical events of global significance such as the election [...] Read more.
This paper considers how science fiction, and the subgenres of speculative historicism and futurism in particular, might open legal discourse to hitherto unseen and potentially instructive perspectives. It begins with the proposition that recent historical events of global significance such as the election of Donald Trump in 2016, the outbreak of the Covid19 pandemic of 2020, and the extreme weather events of 2021, were widely predicted and foreseen in the media by way of political reporting as much as popular social and natural science reporting in the years and decades prior. The same tropes were also present in the plotlines of popular literature, television, and film during that period. The central argument of the paper is that before media pundits and policy-makers expressed their surprise at the fragility of the Rule of Law in the “unprecedented” ascent of Trump, the lethal capacity and transmissibility of a “novel” coronavirus, and the “sudden” arrival of climate change in the daily lives of North Americans and Europeans, the spectre of these menaces had already penetrated our collective conscious in a way that ought to have changed outcomes. Neil Postman’s conceptualization of the present epoch as “Technopoly” is a means of explaining how, despite ample warnings, we were not ready for much. Technopoly refers to the historical present as the historical moment in which the technocratic capacity of individuals, states, and markets to respond to existential problems is hindered by information overload, e.g., the threat to the Rule of Law presented by an outgoing American President who refuses to accept the verdict of the electorate; the threat to public health posed by persistent vaccine misinformation and inequitable global vaccine distribution; and, the threat posed to our collective habitat by extreme climate events. The paper concludes that fiction is a powerful potential antidote to the numbing effects of information overload in Technopoly if it is treated seriously as a source of normative authority rather than dismissed as pure diversion. Full article
Article
Media and Responsibility for Their Effects: Instrumental vs. Environmental Views
Laws 2021, 10(2), 48; https://doi.org/10.3390/laws10020048 - 11 Jun 2021
Cited by 1 | Viewed by 3135
Abstract
From the perspective of media ecology, this paper explores the question of responsibility for the effects that media have on society. To explain these media effects, two approaches are singled out. (1) The instrumental approach assumes that a medium works as a tool [...] Read more.
From the perspective of media ecology, this paper explores the question of responsibility for the effects that media have on society. To explain these media effects, two approaches are singled out. (1) The instrumental approach assumes that a medium works as a tool used by a user for a purpose. (2) The environmental approach focuses on the capacity of a medium to become an environmental force that reshapes both the habitat and the inhabitants. The instrumental approach to media, when taken too broadly and without an understanding of its limits, leads to conspiracy theories and inadequate social and political assessments. The more advanced and sophisticated environmental approach allows for an adequate understanding of media evolution and its effects but does not comply with the traditional legal notions of guilt and responsibility for actions, as there is no jurisdictional human or institutional agency when environmental forces are in play. After charting the distinction between the instrumental and environmental views of media, the paper focused on how the instrumental effects of media turn into environmental effects. The purpose of the paper is to develop and offer a media ecological apparatus for possible further juridical discussions regarding the regulation of the networking society. Full article
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Article
Making Sense of Indigenous ⬄ Colonial Encounters: New Zealand’s Treaty of Waitangi in a Digital Age
Laws 2021, 10(2), 45; https://doi.org/10.3390/laws10020045 - 04 Jun 2021
Cited by 1 | Viewed by 2992
Abstract
This article explores how we interpret, write history, and make sense in a digital age. The study takes place at the intersection of three disciplines: Media and Communication Studies, Postcolonial Theory, and Law. This exploration is conducted in and through an examination of [...] Read more.
This article explores how we interpret, write history, and make sense in a digital age. The study takes place at the intersection of three disciplines: Media and Communication Studies, Postcolonial Theory, and Law. This exploration is conducted in and through an examination of attempts to make sense of “official,” “legal” documents” that emerged out of indigenous ⬄ colonial encounters during the 19th century in New Zealand. Subsequently, this paper focuses on McKenzie’s seminal study of the New Zealand’s Treaty of Waitangi/Te Tiriti o Waitangi, and Jones and Hoskins’ study of The Second New Zealand Land Deed. These two studies are then interfaced with and considered in light of a recent governmental review of New Zealand’s ICT sector, infrastructure and markets. Here, the focus is on Regulating communications for the future: Review of the Telecommunications Act 2001, and the Telecommunications (New Regulatory Framework) Amendment Bill. This article finds that in a digital age—a world of deep fakes and total manipulability of mediated or recorded space—the hermeneut is required to enter and negotiate a (constrained) creative relationship: as an artisan, architect, or artist, with an interpretative context and/or medium. Full article
Article
The Letters of Marshall McLuhan and Pierre Elliott Trudeau: Privacy/Private Matters
Laws 2021, 10(2), 42; https://doi.org/10.3390/laws10020042 - 29 May 2021
Cited by 1 | Viewed by 2817
Abstract
There has been a paradigm shift in global communications since the death many years ago of prominent Canadians Marshall McLuhan and Pierre Elliott Trudeau. The correspondence between the two friends, from 1968 to 1980, presciently touched on our contemporary wired global village and [...] Read more.
There has been a paradigm shift in global communications since the death many years ago of prominent Canadians Marshall McLuhan and Pierre Elliott Trudeau. The correspondence between the two friends, from 1968 to 1980, presciently touched on our contemporary wired global village and the challenges it presents to personal privacy and to freedom of expression. I examine the relationship between the two men, as laid out in their letters and, to a lesser extent, in secondary sources, highlighting matters of privacy and media. Privacy hovers over the correspondence, even when it is not the stated topic. McLuhan, who is credited with the term “global village”, discussed with Trudeau the effect of new media on people’s notions of tribe and identity and privacy. Proving a direct influence from one man to the other, in either direction, is not possible, but there is much to play with. The gap is, as McLuhan often said, “where the action is”. Full article
Article
Mediated Visibility and Public Environmental Litigation: The Interplay between Inside and Outside Court during Environmental Conflict in Australia
Laws 2021, 10(2), 35; https://doi.org/10.3390/laws10020035 - 11 May 2021
Cited by 2 | Viewed by 2700
Abstract
Conflicts over environmental sustainability are increasingly being fought in court, such as the use of Public Environmental Litigation (PEL) to challenge developments impacting the environment in Australia and elsewhere. News media coverage of PEL introduces legal actors to the dynamics of mediatized environmental [...] Read more.
Conflicts over environmental sustainability are increasingly being fought in court, such as the use of Public Environmental Litigation (PEL) to challenge developments impacting the environment in Australia and elsewhere. News media coverage of PEL introduces legal actors to the dynamics of mediatized environmental conflict, which provides a platform for conflict actors to gain mediated visibility for their cause to influence public debate. When legal opportunities, such as PEL, are used as a campaign tactic, the dynamics of contest are exposed and, while courts have some power over legal actors, parties seek news media to favorably translate legal outcomes to the public. This article explores the nexus of PEL, news media, and communication strategies to find greater understanding of who gains from the mediated visibility that occurs when transnational environmental campaigns take their claims to court. Using content analysis and discourse analysis of news texts and semi-structured interviews relating to eight PEL cases instigated to stop the Adani Carmichael coal megamine in Australia, we seek better understanding of the mechanisms at play when PEL campaigns appear in news media, and find that the dominance of outside court sources in news coverage not only privilege the political aspects of PEL over the legal, but highlights how strategic litigation, such as PEL, can be used to influence public opinion and, therefore, a political response, regarding environmental conflict. Full article
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