A further discourse on content regulation Sample Clauses

A further discourse on content regulation. Apart from legislative and judicial pronouncements, rules guiding conduct can and do arise from individuals themselves. These can be seen in parties reaching informal contractual arrangements in the form of rules and by-laws with respect to, for example, conduct towards each other. Thus a newsgroup participant may be ‘flamed’ by posting inappropriate material or comments in a newsgroup. Another second form of self-help is that suggested by Xxxxxxx (1994) – unilateral self-help which is best amplified by stating “if you don’t like it, don’t do it”. Thus, if the discussion in a particular discussion group does not interest the participant, the best solution would be for the participant to withdraw from that discussion group and move on to a discussion group which best reflects his interest. This is also an aspect of regulatory arbitrage reflecting the fluidity of the Internet previously discussed. Xxxxxxx opined that unilateral activity avoidance by individuals is an appropriate response when the activity has no significant effects.4 The lack of external effects means that others will not be harmed or benefited so that the interest of others need not be taken into account.5 In so far as the discourse on content regulation is concerned, we surmise that the heart of the matter is the degree of control that the relevant stake- holders have over the content that is being offered, made accessible, and disseminated. We have discussed this in Chapter 6 with regards to Xxxx and Xxxx’s (2005) segmentation of mobile entertainment.6 Thus, in Xxxx and Xxxx’s segment 1 (content offered within the mobile network provider’s portal or ‘walled garden’) control is relatively easy and well defined. However, in comparison with unilateral self-help, bilateral self-help7 (contracts) is a more 3 Xxxxxx, B., (1998), Antitrust Enforcement and the rule of law, Editorial, ECLR 1 in Ch.5, Cyber Regulation: Access – The European Example, p. 133 in Grewlich. K.W., (1999), Governance in Cyberspace: Access and Public Interest in Global Communications, Kluwer Law International, The Netherlands.
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