Terry Flew

Regulating Platforms


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the structure of media markets through control over the terms of content distribution, and the power to manage cultural flows by promotion or suppressing particular forms of expression.

      Both the legal and the conceptual foundations of the claim that digital platforms companies are primarily technology companies and not media companies have been challenged. A whole range of public inquiries, hearings, and reports on digital platforms and the social media have consistently argued that these companies should bear a social and moral responsibility, and possibly a legal responsibility too, for the content posted by users that is hosted on their sites. To take one example, in the United Kingdom, a report on fake news by a House of Commons committee concluded as follows:

      Philip Napoli and Robyn Caplan have offered a detailed critique of the argument that digital platform companies are simply technology companies and not media companies (Napoli and Caplan, 2017). They observe that the definition of a media company typically associates its activities with the distribution and exhibition of media content and not simply with its production, and from this perspective companies such as Google, Facebook, Apple, Twitter, and others are clearly moving towards the centre of the media ecosystem. In the area of news, for example, about 40 to 45% of news consumers identify online sources, including social media, as their primary news source (Newman et al., 2019). The lines between production, distribution, and exhibition are also increasingly blurred, as Amazon Prime, Apple TV+, and others are subscription video-on-demand (SVOD) services that commission original content – and YouTube Originals and Facebook Watch commission original content too. YouTube has evolved over time from a largely amateur-driven ‘broadcast yourself’ platform to one where multichannel networks engage content creators whose relationship to the platform is akin to that of small-to-medium enterprises (SMEs) that work with a large-scale content distributor (Burgess and Green, 2018; Cunningham and Craig, 2019). Moreover, as noted above, digital platform companies routinely engage in human intervention around the promotion, downgrading, and deletion of online content on their websites – an activity analogous to the editorial function of traditional media. Finally, digital platforms compete directly with traditional media companies for advertising revenues. This puts them in ‘the business of providing content to audiences, while selling those audiences to advertisers’ – which ‘is a defining characteristic of the media sector’ (Napoli and Caplan, 2017).

      The political economy of digital capitalism has thus seen the rise of global platform giants whose activities span telecommunications, information, and media and on which traditional media industries are increasingly dependent for their survival. The key to the hegemonic dominance of the platform companies is their unique access to so-called big data from multiple sources, where communication activities at scale are important generators of such data. Put differently, while online users may not experience digital platforms as mass media, they themselves are approached as masses, both by the platforms and by the third parties that use these platforms for commercial or for persuasion-related purposes (e.g. in political communication); and this remains the case even if online users are approached as segmented mass audiences – segmented, that is, along behavioural and psychographic as well as demographic categories.2

      With the rise of populist politics, the 2010s saw a sustained challenge to bipartisan pro-corporate liberalism. The populist challenge to the laws, norms, and institutions of liberalism is apparent across a range of indicators, from the reconfiguration of European party politics3 to the rise of street movements such as the gilets jaunes (Yellow Vests) in France. Populism was also apparent in the 2016 Brexit referendum in the United Kingdom, in the election of Donald Trump to US presidency, and in the election of leaders such as Jair Bolsonaro in Brazil, Viktor Orbán in Hungary, Mario Salvini in Italy, and Rodrigo Duterte in the Philippines. Driven by a mix of economic (Judis, 2016; McKnight, 2018) and cultural factors (Norris and Inglehart, 2019), an overarching feature of populist politics is anti-elitism, complemented by a championing of ‘the people’ in opposition to increasingly distant and unaccountable elites (Mudde and Kaltwasser, 2017).