[0] https://www.nytimes.com/2019/07/09/us/politics/trump-twitter...
I'm not sure that effects what Twitter can do at all though.
However, I think a case could be made that deplatforming one candidate in preference to another would be a donation to the remaining candidates campaign, and could fall afoul of some campaign finance rules.
Could Twitter designate itself (or a subsidiary) as a Political Action Committee so they can deplatform (or promote) whomever they like?
We get a lot of problems otherwise.
It might be "their platform", but it's our E.U., and we can make our laws governing how they operate here.
On many countries we already have laws that tv stations etc should give balanced promotion to political candidates before elections (re: interview time, etc). This includes private media.
If the US wants to sit back and accept it, e.g. Twitter and Facebook deciding "this politician gets a voice here, this doesn't", doesn't mean we should follow suit.
Second, they should be careful not to let the door hit them on their way out. They'd lose the money, E.U. gains getting rid of Facebook (and gets the chance to grow its own, open, alternative).
A social-media lose - EU win situation if there ever was one...
In Germany, the tv/radio broadcasters can refuse to broadcast the (otherwise mandatory) election spots - if they run afoul of the law, which means they're inciting hatred. This refusal is rare and always contested: https://de.m.wikipedia.org/wiki/Wahlwerbespot
How do I qualify to have it be mandatory for broadcasters to carry my spot? I assume running in the election isn't enough?
https://www.ofcom.org.uk/about-ofcom/latest/media/media-rele...
The perceptive shift in which it is subconsciously accepted as normal that "any given world leader can be silenced by corporate entity XYZ" (and that conventional diplomatic apparatus is seen as a fusty, high-friction secondary channel to be bypassed when politically expedient) this goes a lot deeper than Twitter or Trump and may have significant repercussions once generational effects start kicking in.
That's ok, I'm pretty sure there's nothing forcing us to take that into account now
Laws don't exist because of this or that physical necessity. A physical necessity might encourage us to make a law, but in general laws exist because people (or at least, the legislative body) wanted them and can have them enforced. There's no physical necessity that says children should not work in factories, for example. They very well could in the 19th century (and well into the 20th, even in the USA). We just willed it as unacceptable and voted it into law.
So whether fairness doctrines where initially made because of limited time/space on tv, is neither here, nor there. A law could enforce it for any website that operates as a journalistic website, or is above a certain size, etc.
But even under the "law exists because of limited resource" model, the argument is flawed. Specifically:
>By contrast Internet bandwidth and sites are effectively infinite so there's no need to force access to any particular platform. Just use a different one, we have lots to choose from.
That's also neither here, nor there, as some platforms are more dominant than others.
The fact that politician X can get on Facebook, while Y cannot because FB doesn't let them, can already influence elections to the point of election fraud -- even if Y can still open a Tumblr or run their own webpage. It's where the eyeballs are that matters, and "viewer capture" is still a limited resource (that's the same thing that FB and co sell to advertisers: that they are the place where most people are).
And of course this setup (allowing X, disallowing Y candidate) can be leveraged as a mean of influence, from FB or from some country that controls FB for its foreign interests, or be sold as a service to the highest bidder "we advertise you, and disallow your opponent". The deal can be made under the table, if needs be.
Such a law is perfectly reasonable and doable, even if it explicitly regulates only a specific part of social media (say, the top-dogs of user engagement like FB, YT, Twitter and co, and not the long tail, e.g. some random blog or Diaspora).
There are quite a few laws in the US that give special legal privileges to some construction such as "the top two political parties" or similar. For example, specifying that a committee's membership be composed of 1/3 one of the top two parties, 1/3 the other of the top two parties, and 1/3 unaffiliated. Or 1/2 one of the top two parties and 1/2 the other one.
You're absolutely correct that this is completely unreasonable, but it's also common as dirt.
At best, it's a matter of judgement of what's desired socially.
Actually that's exactly how monopoly law works, checking dominance in a market.
It's also not different from the subtle laws (even in US) for determining religion or cult.
>Twitter might be popular today, next year it could be something else.
That's not a problem at all, as a law could e.g. cover all social media companies "above a certain user threshold".
>And how would you even define "social media" in a way that would pass Constitutional muster?
I don't really need to pass U.S Constitutional muster, as I'm speaking about E.U. That said, I'm pretty sure if US legislators wanted it, they could find a way. They have defined what's journalism, they could also define what's social media. Or they could extend the law to all media.
I think it's actually more common for laws to exist because people wanted them despite enforcement being impossible than because people wanted them and could have them enforced.
Consider things like the Jewish law that a child who disobeys his parents must be stoned to death.
Is this a typical "more common" example of law though, or some curiosity from antiquity?
How many modern laws are wanted "despite enforcement being impossible"? (Which as per your example, doesn't even mean "enforcement being impossible" but rather "enforcement being undesirable" or something). We have some laws that we can't enforce in the sense of there's no easy way to practically check if somebody broken it (e.g. pirating some software). But most laws we can and do enforce them if the perpetrator is caught.
IMO this tension is fundamentally what drives so much of the controversy around social media.
No company owns all the internet, thus using the analogy that a few companies own the entire radio spectrum doesn't make sense.
> This analogy clearly doesn't hold up. It's more like a very successful private broadcast channel, but where making an effective public broadcast channel is too difficult for the government, so we pretend that the private channel is "like a public channel".
I think the analogy does hold up. Society limits private property rights all the time for the public good, and that's a good thing.
For instance my private property has drainage and utility easements that allow others to use to for the public good. I don't even own all the property in the area. Theoretically I could go all "muh private property" and demand the government spend a bunch of money to divert water around my land and remove the easement, but that would be silly and wasteful.
Right not we're in a situation where a too few companies control too much of the internet mass media landscape. If that's not remedied with something like antitrust breakups, some kind of "social media access easement" legal framework may be worth looking at.
It's more like a publicly traded company owning a really popular street or city. And these aren't just any cities, more like capital cities (or close to it). But this company still answers to the state. In reality this company owns and operates streets/cities in every country. Hence answers to every State and each of their laws.
Facebook and Twitter don't actually have free speech themselves. We pretend they do, but if they actually tried to enact a strong opinion into their business, banning some large arbitrary group, not just small disruptive minorities. States would just reverse that and say it's unlawful to deny, let's say, all X or Y countries citizens. Or all of Washington.
They are functionally a State apparatus. There's a reason why Facebook and Twitter are blocked whenever a country is in upheaval. But is kept around even in quite oppressive countries. I'm just saying we need to be honest about these State company hybrids.
umm .... that's true though. iHeartRadio and Cumulus domain the American radio market.
Nobody is forced to use or read hyper global social media such as twitter.
Just like people are free to protest, complain and take action against Twitter by any legal means.