Mass Data Surveillance and Predictive Policing: Contested Foundations and Human Rights Impact

Mass Data Surveillance and Predictive Policing: Contested Foundations and Human Rights Impact

Routledge, 2025, pp: 312

Abstract

This book critically assesses legal frameworks involving the bulk processing of personal data, initially collected by the private sector, to predict and prevent crime through advanced profiling technologies. In the European Union (EU), mass data surveillance currently engages three sectors: electronic communications (under the e-Privacy Directive), air travelling (under the Passenger Name Records Directive), and finance (under the Anti-Money Laundering Directive), and increasingly intersects with the deployment of predictive policing techniques. The book questions the legitimacy and impact of these frameworks in light of the EU’s powers to provide security while safeguarding fundamental rights, particularly privacy, data protection, effective remedy, fair trial, and presumption of innocence. Focusing on the security shift towards forestalling crime before it occurs, the book identifies its distinct characteristics, such as the blurred lines between the public and private sector actors, and interrogates whether the legal bases and traditional theories on security can account for it. The book further explores the challenges these pre-crime practices pose, including their questionable effectiveness and the ambiguous application of human rights safeguards in situations where no crime has been committed, yet individuals face consequences as a result of deploying predictive analytics on mass amounts of commercially collected personal data. In examining the interference with several fundamental rights, the book also highlights aspects neglected by the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights, such as the expansive nature and the collective and cumulative effects of these frameworks.

Links

DOI: https://doi.org/10.4324/9781003505297

RIS

TY  - BOOK
AU  - Vogiatzoglou, P.
PY  - 2025
DA  - 2025-01-29
T1  - Mass Data Surveillance and Predictive Policing: Contested Foundations and Human Rights Impact
SP  - 312
DO  - https://doi.org/10.4324/9781003505297
AB  - This book critically assesses legal frameworks involving the bulk processing of personal data, initially collected by the private sector, to predict and prevent crime through advanced profiling technologies. In the European Union (EU), mass data surveillance currently engages three sectors: electronic communications (under the e-Privacy Directive), air travelling (under the Passenger Name Records Directive), and finance (under the Anti-Money Laundering Directive), and increasingly intersects with the deployment of predictive policing techniques. The book questions the legitimacy and impact of these frameworks in light of the EU’s powers to provide security while safeguarding fundamental rights, particularly privacy, data protection, effective remedy, fair trial, and presumption of innocence.

Focusing on the security shift towards forestalling crime before it occurs, the book identifies its distinct characteristics, such as the blurred lines between the public and private sector actors, and interrogates whether the legal bases and traditional theories on security can account for it. The book further explores the challenges these pre-crime practices pose, including their questionable effectiveness and the ambiguous application of human rights safeguards in situations where no crime has been committed, yet individuals face consequences as a result of deploying predictive analytics on mass amounts of commercially collected personal data. In examining the interference with several fundamental rights, the book also highlights aspects neglected by the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights, such as the expansive nature and the collective and cumulative effects of these frameworks.
ER  -

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Bibtex

Book{nokey,
	title = {Mass Data Surveillance and Predictive Policing: Contested Foundations and Human Rights Impact},
	author = {Vogiatzoglou, P.},
	doi = {https://doi.org/10.4324/9781003505297},
	year = {2025},
	date = {2025-01-29},
	pages = {312},
	abstract = {This book critically assesses legal frameworks involving the bulk processing of personal data, initially collected by the private sector, to predict and prevent crime through advanced profiling technologies. In the European Union (EU), mass data surveillance currently engages three sectors: electronic communications (under the e-Privacy Directive), air travelling (under the Passenger Name Records Directive), and finance (under the Anti-Money Laundering Directive), and increasingly intersects with the deployment of predictive policing techniques. The book questions the legitimacy and impact of these frameworks in light of the EU’s powers to provide security while safeguarding fundamental rights, particularly privacy, data protection, effective remedy, fair trial, and presumption of innocence.

Focusing on the security shift towards forestalling crime before it occurs, the book identifies its distinct characteristics, such as the blurred lines between the public and private sector actors, and interrogates whether the legal bases and traditional theories on security can account for it. The book further explores the challenges these pre-crime practices pose, including their questionable effectiveness and the ambiguous application of human rights safeguards in situations where no crime has been committed, yet individuals face consequences as a result of deploying predictive analytics on mass amounts of commercially collected personal data. In examining the interference with several fundamental rights, the book also highlights aspects neglected by the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights, such as the expansive nature and the collective and cumulative effects of these frameworks.},
}

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Mapping Data Protection Legal Mobilization Before the CJEU: The Need to Rethink a Success Story?

Tzanou, M. & Vogiatzoglou, P.

Nordic Journal of European Law, vol. 7, iss. : 4, pp: 96-129, 2025

Abstract

The article explores data protection legal mobilisation before the Court of Justice of the EU (‘DPLM’). It provides a theoretical framework to study DPLM before the CJEU and undertakes, for the first time, a comprehensive mapping of this area. It does so by studying, all the data protection-related judgments delivered by the Court between 2014-2023. The mapping is crucial to shed light on the characteristics and mechanisms of DPLM; it is also needed in order to unveil any potential blind spots of such mobilisation. The article asks: How can data protection legal mobilisation before the CJEU be understood through general mobilisation debates and theoretical frameworks? What are its main actors, objectives, topics and outcomes? What are its potential neglected aspects and omissions? The article argues that while DPLM as it emerges from our empirical study can be considered a successful story overall; it, nevertheless, appears elitist in its objectives, problems and actors. In this regard, we call for a critical rethinking of DPLM in order to transfer the data protection collective struggles of more marginalised social movements to the CJEU juridical field.

Links

DOI: https://doi.org/10.36969/njel.v7i4.27294

RIS

TY  - JOUR
AU  - Tzanou, M.
AU  - Vogiatzoglou, P.
PY  - 2025
DA  - 2025-01-29
T1  - Mapping Data Protection Legal Mobilization Before the CJEU: The Need to Rethink a Success Story?
JO  - Nordic Journal of European Law
VL  - 7
IS  - 4
SP  - 96-129
DO  - https://doi.org/10.36969/njel.v7i4.27294
AB  - The article explores data protection legal mobilisation before the Court of Justice of the EU (‘DPLM’).  It provides a theoretical framework to study DPLM before the CJEU and undertakes, for the first time, a comprehensive mapping of  this area. It does so by studying, all the data protection-related judgments delivered by the Court between 2014-2023. The mapping is crucial to shed light on the  characteristics and mechanisms of DPLM; it is also needed in order to unveil any potential blind spots of such mobilisation. The article asks: How can data protection legal mobilisation before the CJEU be understood through general mobilisation debates and theoretical frameworks? What are its main actors, objectives, topics and outcomes? What are its potential neglected aspects and omissions? The article argues that while DPLM as it emerges from our empirical study can be considered a successful story overall; it, nevertheless, appears elitist in its objectives, problems and actors. In this regard, we call for a critical rethinking of DPLM in order to transfer the data protection collective struggles of more marginalised social movements to the CJEU juridical field.
ER  -

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Bibtex

Article{nokey,
	title = {Mapping Data Protection Legal Mobilization Before the CJEU: The Need to Rethink a Success Story?},
	author = {Tzanou, M. and Vogiatzoglou, P.},
	doi = {https://doi.org/10.36969/njel.v7i4.27294},
	year = {2025},
	date = {2025-01-29},
	journal = {Nordic Journal of European Law},
	volume = {7},
	issue = {4},
	pages = {96-129},
	abstract = {The article explores data protection legal mobilisation before the Court of Justice of the EU (‘DPLM’).  It provides a theoretical framework to study DPLM before the CJEU and undertakes, for the first time, a comprehensive mapping of  this area. It does so by studying, all the data protection-related judgments delivered by the Court between 2014-2023. The mapping is crucial to shed light on the  characteristics and mechanisms of DPLM; it is also needed in order to unveil any potential blind spots of such mobilisation. The article asks: How can data protection legal mobilisation before the CJEU be understood through general mobilisation debates and theoretical frameworks? What are its main actors, objectives, topics and outcomes? What are its potential neglected aspects and omissions? The article argues that while DPLM as it emerges from our empirical study can be considered a successful story overall; it, nevertheless, appears elitist in its objectives, problems and actors. In this regard, we call for a critical rethinking of DPLM in order to transfer the data protection collective struggles of more marginalised social movements to the CJEU juridical field.},
}

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Shifting Battlegrounds: Corporate Political Activity in the EU General Data Protection Regulation

Ocelík, V., Kolk, A. & Irion, K.

Business & Society, 2025

Abstract

Scholarship on corporate political activity (CPA) has remained largely silent on the substance of information strategies that firms utilize to influence policymakers. To address this deficiency, our study is situated in the European Union (EU), where political scientists have noted information strategies to be central to achieving lobbying success; the EU also provides a context of global norm-setting activities, especially with its General Data Protection Regulation (GDPR). Aided by recent advances in the field of unsupervised machine learning, we performed a structural topic model analysis of the entire set of lobby documents submitted during two GDPR consultations, which were obtained via a so-called Freedom of Information request. Our analysis of the substance of information strategies reveals that the two policy phases constitute “shifting battlegrounds,” where firms first seek to influence what is included and excluded in the legislation, after which they engage the more specific interests of other stakeholders. Our main theoretical contribution concerns the identification of two distinct information strategies. Furthermore, we point at the need for more attention for institutional procedures and for the role of other stakeholders’ lobbying activities in CPA research.

Links

DOI: https://doi.org/10.1177/00076503241306958

RIS

TY  - JOUR
AU  - Ocelík, V.
AU  - Kolk, A.
AU  - Irion, K.
PY  - 2025
DA  - 2025-01-20
T1  - Shifting Battlegrounds: Corporate Political Activity in the EU General Data Protection Regulation
JO  - Business & Society
DO  - https://doi.org/10.1177/00076503241306958
AB  - Scholarship on corporate political activity (CPA) has remained largely silent on the substance of information strategies that firms utilize to influence policymakers. To address this deficiency, our study is situated in the European Union (EU), where political scientists have noted information strategies to be central to achieving lobbying success; the EU also provides a context of global norm-setting activities, especially with its General Data Protection Regulation (GDPR). Aided by recent advances in the field of unsupervised machine learning, we performed a structural topic model analysis of the entire set of lobby documents submitted during two GDPR consultations, which were obtained via a so-called Freedom of Information request. Our analysis of the substance of information strategies reveals that the two policy phases constitute “shifting battlegrounds,” where firms first seek to influence what is included and excluded in the legislation, after which they engage the more specific interests of other stakeholders. Our main theoretical contribution concerns the identification of two distinct information strategies. Furthermore, we point at the need for more attention for institutional procedures and for the role of other stakeholders’ lobbying activities in CPA research.
ER  -

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Bibtex

Article{nokey,
	title = {Shifting Battlegrounds: Corporate Political Activity in the EU General Data Protection Regulation},
	author = {Ocelík, V. and Kolk, A. and Irion, K.},
	doi = {https://doi.org/10.1177/00076503241306958},
	year = {2025},
	date = {2025-01-20},
	journal = {Business & Society},
	abstract = {Scholarship on corporate political activity (CPA) has remained largely silent on the substance of information strategies that firms utilize to influence policymakers. To address this deficiency, our study is situated in the European Union (EU), where political scientists have noted information strategies to be central to achieving lobbying success; the EU also provides a context of global norm-setting activities, especially with its General Data Protection Regulation (GDPR). Aided by recent advances in the field of unsupervised machine learning, we performed a structural topic model analysis of the entire set of lobby documents submitted during two GDPR consultations, which were obtained via a so-called Freedom of Information request. Our analysis of the substance of information strategies reveals that the two policy phases constitute “shifting battlegrounds,” where firms first seek to influence what is included and excluded in the legislation, after which they engage the more specific interests of other stakeholders. Our main theoretical contribution concerns the identification of two distinct information strategies. Furthermore, we point at the need for more attention for institutional procedures and for the role of other stakeholders’ lobbying activities in CPA research.},
}

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Cultural Heritage Branding – Societal Costs and Benefits external link

Senftleben, M.

Research Handbook on the Law and Economics of Trademark Law, Edward Elgar Publishing, 2023, pp: 178-193, ISBN: 9781786430465

Abstract

The adoption of cultural heritage signs as trademarks entails several risks that must not be underestimated. Instead of enriching language and rhetoric devices, trademark protection restricts the freedom of future generations of authors to use affected cultural signs for new literary and artistic productions. Trademark protection means that one player in the communication process has strong incentives to invest in the development of her own messages and the suppression of the messages of others. Hence, the discourse surrounding affected cultural signs is no longer as open and free as it was before. Invoking broad protection against confusion and dilution, the trademark owner can take steps to censor artistic expressions that interfere with her branding strategy. The grant of trademark rights will also lead to a commercial redefinition and devaluation of affected cultural heritage material. Once a public domain sign is no longer exclusively linked with its cultural background in the mind of the audience, an artist cannot avoid the evocation of both cultural and commercial connotations. The addition of undesirable marketing messages tarnishes the cultural dimension of the affected sign. It will erode the sign’s artistic meaning and discourse potential over time and minimize the benefits – in the sense of impulses for societal renewal – which society could have derived from critical reflections on the cultural symbol and related societal conditions.

Links

RIS

TY  - CHAP
AU  - Senftleben, M.
PY  - 2023
DA  - 2023-02-05
T1  - Cultural Heritage Branding – Societal Costs and Benefits
SP  - 178-193
UR  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4399942
DO  - https://doi.org/10.4337/9781786430472
AB  - The adoption of cultural heritage signs as trademarks entails several risks that must not be underestimated. Instead of enriching language and rhetoric devices, trademark protection restricts the freedom of future generations of authors to use affected cultural signs for new literary and artistic productions. Trademark protection means that one player in the communication process has strong incentives to invest in the development of her own messages and the suppression of the messages of others. Hence, the discourse surrounding affected cultural signs is no longer as open and free as it was before. Invoking broad protection against confusion and dilution, the trademark owner can take steps to censor artistic expressions that interfere with her branding strategy. The grant of trademark rights will also lead to a commercial redefinition and devaluation of affected cultural heritage material. Once a public domain sign is no longer exclusively linked with its cultural background in the mind of the audience, an artist cannot avoid the evocation of both cultural and commercial connotations. The addition of undesirable marketing messages tarnishes the cultural dimension of the affected sign. It will erode the sign’s artistic meaning and discourse potential over time and minimize the benefits – in the sense of impulses for societal renewal – which society could have derived from critical reflections on the cultural symbol and related societal conditions.
ER  -

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Bibtex

Chapter{nokey,
	title = {Cultural Heritage Branding – Societal Costs and Benefits},
	author = {Senftleben, M.},
	doi = {https://doi.org/10.4337/9781786430472},
	year = {2023},
	date = {2023-02-05},
	pages = {178-193},
	abstract = {The adoption of cultural heritage signs as trademarks entails several risks that must not be underestimated. Instead of enriching language and rhetoric devices, trademark protection restricts the freedom of future generations of authors to use affected cultural signs for new literary and artistic productions. Trademark protection means that one player in the communication process has strong incentives to invest in the development of her own messages and the suppression of the messages of others. Hence, the discourse surrounding affected cultural signs is no longer as open and free as it was before. Invoking broad protection against confusion and dilution, the trademark owner can take steps to censor artistic expressions that interfere with her branding strategy. The grant of trademark rights will also lead to a commercial redefinition and devaluation of affected cultural heritage material. Once a public domain sign is no longer exclusively linked with its cultural background in the mind of the audience, an artist cannot avoid the evocation of both cultural and commercial connotations. The addition of undesirable marketing messages tarnishes the cultural dimension of the affected sign. It will erode the sign’s artistic meaning and discourse potential over time and minimize the benefits – in the sense of impulses for societal renewal – which society could have derived from critical reflections on the cultural symbol and related societal conditions.},
}

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DPG Media et al vs. HowardsHome – A national ruling on DSM’s press publishers’ rights and TDM exceptions external link

Valk, E.G. & Toepoel, I.

Kluwer Copyright Blog, 2025

Links

https://copyrightblog.kluweriplaw.com/2025/01/16/dpg-media-et-al-vs-howardshome-a-national-ruling-on-dsms-press-publishers-rights-and-tdm-exceptions/

Copyright

RIS

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Probing the production of quantum technologies to imagine its legal framework

Mittal, A.

Research Directions: Quantum Technologies, vol. 3, 2025

Abstract

Quantum technologies (QT) are being awaited with excitement. They are supported by many governments, the corporate sector, international bodies and technology forecasters. There is discursive investment as well in terms of creating expectations and laying down a vision for the ‘Second Quantum Revolution’. Science and technology studies are also playing their part to think of the quantum future along with philosophical discussions around it. These visions and expectations perform an implicit and latent function of steering policy proposals and governance. At the current stage of development of quantum technologies, a comprehensive and cogent legal framework is hard to envisage. As it is difficult to foresee the final shape of these technologies, a way to proceed can be to focus on the legal enquiry related to economic, political and policy factors which contribute to its material emergence. This can broaden the focus from thinking about its impact to contextualizing its production and development. Further, it allows a way of determining the extent to which social science and ethical frames can apply to the governance of QT, given the legal and practical realities of technology production and use. This article maps the myriad governance frameworks being envisaged to think about the future of QT. It zooms onto the discussion related to the access divide being framed for QT to understand the points of legal intervention. It uses the case of quantum computing to understand the way legal and practical policy solutions have been ideated. It highlights the way these solutions entrench power of digital infrastructure providers further. This seeks to motivate further work to expand the scope of a legal framework for QT.

Links

DOI: https://doi.org/10.1017/qut.2024.6

quantum technologies

RIS

TY  - JOUR
AU  - Mittal, A.
PY  - 2025
DA  - 2025-01-08
T1  - Probing the production of quantum technologies to imagine its legal framework
JO  - Research Directions: Quantum Technologies
VL  - 3
DO  - https://doi.org/10.1017/qut.2024.6
AB  - Quantum technologies (QT) are being awaited with excitement. They are supported by many governments, the corporate sector, international bodies and technology forecasters. There is discursive investment as well in terms of creating expectations and laying down a vision for the ‘Second Quantum Revolution’. Science and technology studies are also playing their part to think of the quantum future along with philosophical discussions around it. These visions and expectations perform an implicit and latent function of steering policy proposals and governance. At the current stage of development of quantum technologies, a comprehensive and cogent legal framework is hard to envisage. As it is difficult to foresee the final shape of these technologies, a way to proceed can be to focus on the legal enquiry related to economic, political and policy factors which contribute to its material emergence. This can broaden the focus from thinking about its impact to contextualizing its production and development. Further, it allows a way of determining the extent to which social science and ethical frames can apply to the governance of QT, given the legal and practical realities of technology production and use. This article maps the myriad governance frameworks being envisaged to think about the future of QT. It zooms onto the discussion related to the access divide being framed for QT to understand the points of legal intervention. It uses the case of quantum computing to understand the way legal and practical policy solutions have been ideated. It highlights the way these solutions entrench power of digital infrastructure providers further. This seeks to motivate further work to expand the scope of a legal framework for QT.
K1  - quantum technologies
ER  -

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Bibtex

Article{nokey,
	title = {Probing the production of quantum technologies to imagine its legal framework},
	author = {Mittal, A.},
	doi = {https://doi.org/10.1017/qut.2024.6},
	year = {2025},
	date = {2025-01-08},
	journal = {Research Directions: Quantum Technologies},
	volume = {3},
	abstract = {Quantum technologies (QT) are being awaited with excitement. They are supported by many governments, the corporate sector, international bodies and technology forecasters. There is discursive investment as well in terms of creating expectations and laying down a vision for the ‘Second Quantum Revolution’. Science and technology studies are also playing their part to think of the quantum future along with philosophical discussions around it. These visions and expectations perform an implicit and latent function of steering policy proposals and governance. At the current stage of development of quantum technologies, a comprehensive and cogent legal framework is hard to envisage. As it is difficult to foresee the final shape of these technologies, a way to proceed can be to focus on the legal enquiry related to economic, political and policy factors which contribute to its material emergence. This can broaden the focus from thinking about its impact to contextualizing its production and development. Further, it allows a way of determining the extent to which social science and ethical frames can apply to the governance of QT, given the legal and practical realities of technology production and use. This article maps the myriad governance frameworks being envisaged to think about the future of QT. It zooms onto the discussion related to the access divide being framed for QT to understand the points of legal intervention. It uses the case of quantum computing to understand the way legal and practical policy solutions have been ideated. It highlights the way these solutions entrench power of digital infrastructure providers further. This seeks to motivate further work to expand the scope of a legal framework for QT.},
	keywords = {quantum technologies},
}

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EU copyright law roundup – fourth trimester of 2024 external link

Trapova, A. & Quintais, J.

Kluwer Copyright Blog, 2025

Links

https://copyrightblog.kluweriplaw.com/2025/01/06/eu-copyright-law-roundup-fourth-trimester-of-2024/

Copyright

RIS

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The Cost of Reach: Testing the Role of Ad Delivery Algorithms in Online Political Campaigns external link

Votta, F., Dobber, T., Guinaudeau, B., Helberger, N. & Vreese, C.H. de

Political Communication, vol. 42, iss. : 3, pp: 476-508, 2024

Abstract

Political campaigns increasingly rely on digital ads to engage potential voters, with platforms like Meta offering advertisers detailed targeting options based on user demographics, behaviors, and interests. A lesser-known feature of social media advertising is the ad delivery algorithm, which sets ad prices through auctions and may deliver ads to “relevant” audiences without explicit direction from advertisers. This automated process raises the question of whether it may introduce systemic biases into digital political advertising. To examine the pricing of political ads, we conducted a pre-registered study in collaboration with three Dutch political parties. We placed 135 identical ads on the parties’ official Facebook and Instagram accounts, targeting nine different audiences during the 2022 municipal elections. All ads ran simultaneously with identical settings, daily budgets, texts, and images, ensuring any differences in pricing and delivery were due to the advertiser and target audiences. We anticipated that parties would pay less when ads targeted “relevant” audiences. However, we observed pricing differences between parties and audiences that did not always align with our expectations. For instance, one party paid 9.24% to 10.74% less per 1,000 users. Additionally, lower-educated citizens, women, and younger individuals (18–24) were more expensive to reach. These results have important implications. The unequal costs create unfair and unequal playing field, while the exclusion of certain groups from ad delivery may limit their access to election information. Our findings suggest that simply restricting targeting capabilities, without addressing the role of ad delivery algorithms, would leave pricing disparities unchecked and without transparency

Links

RIS

TY  - JOUR
AU  - Votta, F.
AU  - Dobber, T.
AU  - Guinaudeau, B.
AU  - Helberger, N.
AU  - Vreese, C.H. de
PY  - 2024
DA  - 2024-12-23
T1  - The Cost of Reach: Testing the Role of Ad Delivery Algorithms in Online Political Campaigns
JO  - Political Communication
VL  - 42
IS  - 3
SP  - 476-508
UR  - https://www.tandfonline.com/doi/full/10.1080/10584609.2024.2439317
DO  - https://doi.org/10.1080/10584609.2024.2439317
AB  - Political campaigns increasingly rely on digital ads to engage potential voters, with platforms like Meta offering advertisers detailed targeting options based on user demographics, behaviors, and interests. A lesser-known feature of social media advertising is the ad delivery algorithm, which sets ad prices through auctions and may deliver ads to “relevant” audiences without explicit direction from advertisers. This automated process raises the question of whether it may introduce systemic biases into digital political advertising. To examine the pricing of political ads, we conducted a pre-registered study in collaboration with three Dutch political parties. We placed 135 identical ads on the parties’ official Facebook and Instagram accounts, targeting nine different audiences during the 2022 municipal elections. All ads ran simultaneously with identical settings, daily budgets, texts, and images, ensuring any differences in pricing and delivery were due to the advertiser and target audiences. We anticipated that parties would pay less when ads targeted “relevant” audiences. However, we observed pricing differences between parties and audiences that did not always align with our expectations. For instance, one party paid 9.24% to 10.74% less per 1,000 users. Additionally, lower-educated citizens, women, and younger individuals (18–24) were more expensive to reach. These results have important implications. The unequal costs create unfair and unequal playing field, while the exclusion of certain groups from ad delivery may limit their access to election information. Our findings suggest that simply restricting targeting capabilities, without addressing the role of ad delivery algorithms, would leave pricing disparities unchecked and without transparency
ER  -

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Bibtex

Article{nokey,
	title = {The Cost of Reach: Testing the Role of Ad Delivery Algorithms in Online Political Campaigns},
	author = {Votta, F. and Dobber, T. and Guinaudeau, B. and Helberger, N. and Vreese, C.H. de},
	doi = {https://doi.org/10.1080/10584609.2024.2439317},
	year = {2024},
	date = {2024-12-23},
	journal = {Political Communication},
	volume = {42},
	issue = {3},
	pages = {476-508},
	abstract = {Political campaigns increasingly rely on digital ads to engage potential voters, with platforms like Meta offering advertisers detailed targeting options based on user demographics, behaviors, and interests. A lesser-known feature of social media advertising is the ad delivery algorithm, which sets ad prices through auctions and may deliver ads to “relevant” audiences without explicit direction from advertisers. This automated process raises the question of whether it may introduce systemic biases into digital political advertising. To examine the pricing of political ads, we conducted a pre-registered study in collaboration with three Dutch political parties. We placed 135 identical ads on the parties’ official Facebook and Instagram accounts, targeting nine different audiences during the 2022 municipal elections. All ads ran simultaneously with identical settings, daily budgets, texts, and images, ensuring any differences in pricing and delivery were due to the advertiser and target audiences. We anticipated that parties would pay less when ads targeted “relevant” audiences. However, we observed pricing differences between parties and audiences that did not always align with our expectations. For instance, one party paid 9.24% to 10.74% less per 1,000 users. Additionally, lower-educated citizens, women, and younger individuals (18–24) were more expensive to reach. These results have important implications. The unequal costs create unfair and unequal playing field, while the exclusion of certain groups from ad delivery may limit their access to election information. Our findings suggest that simply restricting targeting capabilities, without addressing the role of ad delivery algorithms, would leave pricing disparities unchecked and without transparency},
}

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“Must-carry”, Special Treatment and Freedom of Expression on Online Platforms: A European Story

Kuczerawy, A. & Quintais, J.

2024

Abstract

This paper examines the role of "must-carry" obligations in the regulation of online platforms, arguing that these obligations are better understood as special treatment rules rather than direct analogues of traditional broadcasting regulation. By analysing the development of such rules within the European Union, particularly through the Digital Services Act (DSA) and the European Media Freedom Act (EMFA), the paper explores how these provisions aim to safeguard freedom of expression, ensure access to trustworthy information, enhance media pluralism, and regulate platform behaviour. The analysis extends to national-level laws and court decisions in Germany, The Netherlands, the United Kingdom, and Poland, illustrating how these countries have grappled with similar challenges in applying and contextualizing special treatment rules. Through a detailed examination of these frameworks, the paper critiques the risks of these rules, including their potential to entrench power imbalances, amplify state narratives, and complicate efforts to counter disinformation. Additionally, the paper highlights the broader implications of granting privileged status to legacy media and political actors, questioning whether such measures align with democratic principles and the rule of law. Ultimately, the paper argues that while these rules may offer a response to platform dominance, their implementation risks undermining the equality of speech and shifting the focus of freedom of expression toward a privilege for select groups. The paper is currently under peer review so please contact the authors for a copy of the preprint. We'll upload it again once the review is complete.

Content moderation, Digital Services Act (DSA), EU law, European Media Freedom Act, must carry, platform regulation

RIS

TY  - BLOG
AU  - Kuczerawy, A.
AU  - Quintais, J.
PY  - 2024
DA  - 2024-12-19
T1  - “Must-carry”, Special Treatment and Freedom of Expression on Online Platforms: A European Story
AB  - This paper examines the role of \"must-carry\" obligations in the regulation of online platforms, arguing that these obligations are better understood as special treatment rules rather than direct analogues of traditional broadcasting regulation. By analysing the development of such rules within the European Union, particularly through the Digital Services Act (DSA) and the European Media Freedom Act (EMFA), the paper explores how these provisions aim to safeguard freedom of expression, ensure access to trustworthy information, enhance media pluralism, and regulate platform behaviour. The analysis extends to national-level laws and court decisions in Germany, The Netherlands, the United Kingdom, and Poland, illustrating how these countries have grappled with similar challenges in applying and contextualizing special treatment rules. Through a detailed examination of these frameworks, the paper critiques the risks of these rules, including their potential to entrench power imbalances, amplify state narratives, and complicate efforts to counter disinformation. Additionally, the paper highlights the broader implications of granting privileged status to legacy media and political actors, questioning whether such measures align with democratic principles and the rule of law. Ultimately, the paper argues that while these rules may offer a response to platform dominance, their implementation risks undermining the equality of speech and shifting the focus of freedom of expression toward a privilege for select groups.

The paper is currently under peer review so please contact the authors for a copy of the preprint. We\'ll upload it again once the review is complete.
K1  - Content moderation
K1  - Digital Services Act (DSA)
K1  - EU law
K1  - European Media Freedom Act
K1  - must carry
K1  - platform regulation
ER  -

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Bibtex

Online publication{nokey,
	title = {“Must-carry”, Special Treatment and Freedom of Expression on Online Platforms: A European Story},
	author = {Kuczerawy, A. and Quintais, J.},
	year = {2024},
	date = {2024-12-19},
	abstract = {This paper examines the role of \"must-carry\" obligations in the regulation of online platforms, arguing that these obligations are better understood as special treatment rules rather than direct analogues of traditional broadcasting regulation. By analysing the development of such rules within the European Union, particularly through the Digital Services Act (DSA) and the European Media Freedom Act (EMFA), the paper explores how these provisions aim to safeguard freedom of expression, ensure access to trustworthy information, enhance media pluralism, and regulate platform behaviour. The analysis extends to national-level laws and court decisions in Germany, The Netherlands, the United Kingdom, and Poland, illustrating how these countries have grappled with similar challenges in applying and contextualizing special treatment rules. Through a detailed examination of these frameworks, the paper critiques the risks of these rules, including their potential to entrench power imbalances, amplify state narratives, and complicate efforts to counter disinformation. Additionally, the paper highlights the broader implications of granting privileged status to legacy media and political actors, questioning whether such measures align with democratic principles and the rule of law. Ultimately, the paper argues that while these rules may offer a response to platform dominance, their implementation risks undermining the equality of speech and shifting the focus of freedom of expression toward a privilege for select groups.

The paper is currently under peer review so please contact the authors for a copy of the preprint. We\'ll upload it again once the review is complete.},
	keywords = {Content moderation, Digital Services Act (DSA), EU law, European Media Freedom Act, must carry, platform regulation},
}

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Annotatie bij Hof van Justitie van de EU 7 december 2023 (OQ \ Land Hessen) download

Dommering, E.

Nederlandse Jurisprudentie, iss. : 36, num: 334, pp: 7098, 2024

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Annotatie_NJ_2024_334

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