Terry Flew

Regulating Platforms


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of the growing concentration of ownership and control can be found on a variety of indicators and across markets such as social media, search, apps, software, e-commerce, and digital advertising. These sectors have come to be increasingly in the hands of a small number of digital technology giants. In the global search market, Google accounted for 88% of all search in 2019; its market dominance went largely unchallenged for a decade, Microsoft Bing being second, with 5% of the market, and Yahoo, Russia’s Yandex, and China’s Baidu having less than 3% of the global market (Clement, 2020c). In the social media sector, 2.8 billion people used at least one of Facebook’s social media services each month, and in August 2019 2.2 billion used them every day (Clement, 2019). Usage of the four main platforms owned by Facebook (Facebook, WhatsApp, Messenger, and Instagram) dwarfed competitors such as Twitter, Snapchat, and Pinterest. These platforms are challenged globally only by Chinese social media platforms such as WeChat, Sina Weibo, and TikTok/Douyin (Clement, 2020b). In global markets other than China, Google and Facebook are effectively a duopoly in the fast-growing digital advertising market (Enberg, 2019), while Apple and Google dominate the global apps market (again, excluding China) and Microsoft retains its ascendancy in business software. There is therefore considerable evidence to support Tim Wu’s assertion that over the course of the 2010s we saw ‘the centralization of the once open and competitive tech industries into just a handful of giants’ (Wu, 2018, p. 21).

      The evidence thus far does suggest that current digital platforms face very little threat of entry and are negatively impacting investment in key digital areas. This is reinforced by the fact that the key players in this industry remained the same over the last two technology waves, staying dominant through the shift to mobile and the rise of AI [artificial intelligence]. (Stigler Center for the Study of the Economy and the State, 2019, p. 77)

      It can now be said that we are living in an age of platformized internet, where the overwhelming bulk of communication activity that occurs online is mediated through a relatively small number of digital platforms. As Tarleton Gillespie has observed, the users’ turn to platforms involved expedited access to digital content as a commodity, as it offered ‘a better experience of all this information and sociality: curated, organised, archived and moderated’ (Gillespie, 2018a, p. 14). We can now see the critical role played by successful digital platforms in curating the open web and enabling participation and engagement at scale among ever-growing sections of the global population (Helmond, 2015). Julie Cohen concluded that while, ‘in theory, the twenty-first century communications infrastructure still known as the Internet is “open” … for most practical purposes … the “network of networks” is becoming a network of platforms; Internet access and use are intermediated from beginning to end’ (Cohen, 2017, p. 143).

      Another important implication, which has paradoxical consequences, is that the platformized internet is more able to be regulated by governments than the open web, as internal governance is a core defining feature of digital platforms (Parker et al., 2016). As a result, the push for renewed forms of external regulation comes at a time when it is no longer possible to say that regulation is inherently doomed to fail, since the platforms are clearly subject to forms of governance regulated according to the principles of accountability and transparency, even if the precise mechanisms through which that would occur remain very much open to debate.

      Internet communication is thus increasingly dependent upon private communications platforms, so governments’ laissez-faire approaches to speech have produced a public sphere that is increasingly governed by a small number of private corporations. Authors such as Napoli (2019b), Balkin (2018), and Langvardt (2019) have argued that this new layer in the governance structure turns traditional debates about free speech on their head, as the largest digital communication platforms now have a variety of powers over