Convergence Policy and Regulation: A Free Speech Perspective
Public policy perspectives and convergence related laws seem to assume that convergent technology is predisposed towards convergent organizations, convergent content, convergent consumer behavior and convergent markets; such a cloud of ‘convergent’ thinki
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Introduction
The technological and social phenomena of ‘convergence’ has been accompanied by attempts at introducing ‘Converged Legislative Frameworks’ by various countries, which have been successful in implementing policy changes in varying degrees. The premise for most of these legislations has been the perception that the technological possibility of ‘convergence’ of erstwhile differentiated media streams now necessitate ‘convergent’ laws and regulations that should replace the plethora of distinct and discrete legislations that were targeted at differentiated media. Henry Jenkins has rejected any perception of Convergence as a mere technological process; he prefers a view of convergence as a ‘cultural shift’ where consumers are encouraged to seek out new information and make connections among dispersed media content (Jenkins, 2006). In registering convergence as a social, cultural and political process that is not a mere outcome of a technological phenomena, we appreciate the possibilities of ‘divergence’ and dissipation of corporate power, especially as it manifests itself in a scatter and flow of ‘communication power’ across multiple ‘platforms’ through a multitude of ‘networks’. According to Vinton G. Cerf, the properties of cyberspace that have led to its tremendous success are: freedom of expression, transparency and openness, participatory policy and technology development (Cerf, 2013). We believe the struggle to assume ‘communication power’ is being played out in a dynamic, fluid triad that is broadly organized around three nodes of players—governments, corporations and citizens/citizen-groups. The key challenge from a Constitutional and Human Rights perspective is to use regulatory means to thwart any attempts by any individual or
S. Dey (*) Indian Institute of Management, Calcutta, India e-mail: [email protected]; [email protected] # Springer-Verlag Berlin Heidelberg 2016 A. Lugmayr, C. Dal Zotto (eds.), Media Convergence Handbook - Vol. 1, Media Business and Innovation, DOI 10.1007/978-3-642-54484-2_4
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collective, whether governmental, corporate or citizen-centric to assume ‘communication power’ in a way and to an extent that it chills the Free Speech of others.
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Problem Discussion: ‘Free Speech’ in the Convergence Era
The UNESCO Constitution states that it is dedicated to the ‘free flow of ideas by word and image’. The UNESCO Report asserts that ‘Freedom of expression is not an ‘inevitable outcome of technological innovation.’ Such freedom can be reduced or reinforced by the ‘design of technologies, policies and practices—sometimes far removed from freedom of expression.’ There is a ‘wider ecology of choices’ that is shaping freedom of speech and expression in the digital age; we believe the implications of convergence need to be understood in this context (Dutton, 2010). In the Convergence era, the issue of whether the constitutional value of freedom of speech is sufficiently guarded by legal and regulatory means needs to be interrogated afresh at two levels: (
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