We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
This chapter reviews the regulation of disinformation from an African human rights’ law perspective, focusing on the right to freedom of expression and the right to vote. It provides an overview of the African regional law framework, specifically the African Charter on Human and Peoples Rights of 1981 (the African Charter) and corresponding jurisprudence. The chapter also analyses the way in which freedom of expression and disinformation laws have been applied in African countries, the aim being to contextualize and illustrate how African regional law plays out at the domestic level, but with an emphasis on the position in South Africa.
A broad consensus has emerged in recent years that although rumours, conspiracy theories and fabricated information are far from new, in the changed structure and operating mechanisms of the public sphere today we are faced with something much more challenging than anything to date, and the massive scale of this disinformation can even pose a threat to the foundations of democracy. However, the consensus extends only to this statement, and opinions differ considerably about the causes of the increased threat of disinformation, whom to blame for it, and the most effective means to counter it. From the perspective of freedom of speech, the picture is not uniform either, and there has been much debate about the most appropriate remedies. It is commonly argued, for example, that the free speech doctrine of the United States does not allow for effective legal action against disinformation, while in Europe there is much more room for manoeuvre at the disposal of the legislator.
This chapter investigates the logic of regulation that animates the AKP’s new securitisation technologies. The chapter begins by examining the new laws on security vetting and archival background checks. Reviewing the conduct of the OHAL Commission tasked to decide on applications by purged citizens for reversal of their refusal or civic death status, the chapter reveals how ambiguities in the new law allow for the extensive use of informal rule of law based on extra-legal practices. By focusing on several denunciation cases, the chapter’s theoretical and empirical strands come together in an analysis of the impact this new securitisation logic of regulation has both on those targeted and on society as a whole. I argue that the new regulatory technologies of citizen-informants and the perfusion of distrust throughout society an ‘atmosfear of terror’, inducing the population as a whole to self-regulate, perform, and participate in their own securitisation.
In the digital age, the landscape of information dissemination has undergone a profound transformation. The traditional boundaries between information and news have become increasingly blurred as technology allows anyone to create and share content online. The once-excusive realm of authoritative media outlets and professional journalists has given way to a decentralized public square, where individuals can voice their opinions and reach vast audiences regardless of mainstream coverage. The evolution of the digital age has dismantled the conventional notions of journalism and reshaped how news is obtained and interpreted. This shift has paved the way for the proliferation of fake news and online disinformation. The ease with which false information can be fabricated, packaged convincingly and rapidly disseminated to a wide audience has contributed to the rise of fake news. This phenomenon gained global attention during the 2016 US presidential election, prompting nations worldwide to seek strategies for tackling this issue.
This book examines how new AKP authoritarian securitisation practices shape and reshape the daily lives of people purged by emergency decree. The Introduction defines key concepts such as authoritarianism, securitisation, and civic death, as well as describes the methodology. By adopting an interdisciplinary approach that combines empirical ethnographic and historical research with theoretical and philosophical perspectives on the political, the book highlights the new forms of citizenship deprivation, security, and punishment that have emerged under the AKP. It argues that new methods of securitisation are designed to reduce those targeted for civic death, a type of disposable citizen who is denied the opportunity to reclaim their social, economic, and political rights even after they have been acquitted or the state of emergency has been lifted.
Today is a time of retrogression in sustaining rights-protecting democracies, and of high levels of distrust in institutions. Of particular concern are threats to the institutions, including universities and the press, that help provide the information base for successful democracies. Attacks on universities, and university faculties, are rising. In Poland over the last four years, a world-renowned constitutional law theorist, Wojciech Sadurski, has been subject to civil and criminal prosecutions for defamation of the governing party. In Hungary, the Central European University (CEU) was ejected by the government, and had to partly relocate to Vienna, and other attacks on academic freedom followed. Faculty members in a number of countries have needed to relocate to other countries for their own safety. Governments attack what subjects can be taught – in Hungary bans on gender studies; in Poland, a government minister issued a call to ban gender studies and ‘LGBT ideology’. Attacks on academics and universities, through government restrictions and public or private violence, are not limited to Poland and Hungary, but are of concern in Brazil, India, Turkey and a range of other countries. Attacks on journalists are similarly rising. These developments are deeply concerning. The proliferation of ‘fake news’, doctored photos and false claims on social media has been widely documented. Constitutional democracy cannot long be sustained in an ‘age of lies’, where truth and knowledge no longer matter.
The issue of mass disinformation on the Internet is a long-standing concern for policymakers, legislators, academics and the wider public. Disinformation is believed to have had a significant impact on the outcome of the 2016 US presidential election. Concern about the threat of foreign – mainly Russian – interference in the democratic process is also growing. The COVID-19 pandemic, which reached global proportions in 2020, gave new impetus to the spread of disinformation, which even put lives at risk. The problem is real and serious enough to force all parties concerned to reassess the previous European understanding of the proper regulation of freedom of expression.
In April 2023, the Government of India amended a set of regulations called the Information Technology Rules, which primarily dealt with issues around online intermediary liability and safe harbour. Until 2023, these rules required online intermediaries to take all reasonable efforts to ensure that ‘fake, false or misleading’ information was not published on their platforms. Previous iterations of these rules had already been challenged before the Indian courts for imposing a disproportionate burden on intermediaries, and having the effect of chilling online speech. Now, the 2023 Amendment went even further: it introduced an entity called a ‘Fact Check Unit’, to be created by the government. This government-created unit would flag information that – in its view – was ‘fake, false or misleading’ with respect to ‘the business of the central government’. Online intermediaries were then obligated to make reasonable efforts to ensure that any such flagged information would not be on their platforms. In practical terms, what this meant was that if intermediaries did not take down flagged speech, they risked losing their safe harbour (guaranteed under the Information Technology Act).
Chile’s regulation of fake news dates back nearly a century. The initial instance occurred in 1925 during a constitutional crisis that resulted in the drafting of a new constitution. At that time, a de facto government issued a decree making it illegal to publish and distribute fake news. The second regulatory milestone occurred during the dictatorship of General Augusto Pinochet with the inclusion of provisions related to defamation in the 1980 constitution. Defamation involved spreading false information through mass media to unjustly tarnish someone’s reputation. Upon the restoration of democracy in Chile in 1990, these stipulations were permanently abolished from the legal system. Since 2001, the judicial pursuit of disinformation in Chile has been limited to exceptional means such as the State Security Law or, indirectly, through the right to rectification.
This article is part of a larger series that is dedicated to the memory of Dr. Jerry Ellig, with whom I had the pleasure of working on multiple occasions. It explores the concept of regulatory subsidiarity, which involves pushing regulatory power down from centralized governments to state, local, tribal, and other governments. It explains how this approach both promotes policy tailoring and facilitates regulatory experimentation, allowing policy makers to test which interventions produce the best results. Finally, it considers how regulatory subsidiarity has proven itself outside of the U.S. and can succeed within the U.S. as well.
In today's digital age, the spread of dis- and misinformation across traditional and social media poses a significant threat to democracy. Yet repressing political speech in the name of truth can also undermine democratic values. This volume brings together prominent legal scholars from democracies worldwide to explore and evaluate different regulatory approaches for addressing this complex problem – all taking into account that the cure must not be worse than the disease. Using a comparative lens, the book offers important and novel insights into methods ranging from national regulation of politicians' speech to empowering civil-society groups that are well-positioned to blunt the effects of disinformation and misinformation. The book also provides solutions-oriented recommendations for policymakers, judges, legal practitioners, and scholars seeking to promote democratic values by encouraging free political speech while combatting disinformation and misinformation. This title is also available as Open Access on Cambridge Core.
What does it mean for a government to declare its citizens 'dead' while they still live? Following the failed 2016 coup, the Turkish AKP government implemented sweeping powers against some 152,000 of its citizens. These Kanun hükmünde kararnameli ('emergency decreed') were dismissed from their positions and banned for life from public service. Even though their citizenship was not revoked, Seçkin Sertdemir argues these individuals were rendered into a state of 'civic death'. This study considers how these authoritarian securitisation methods took shape, shedding light on the lived experiences of targeted people. Bringing together approaches from political philosophy, social anthropology, and sociology, Sertdemir outlines the approaches and justifications used by the Turkish government to dismiss opponents, increase surveillance, and brand citizens as 'terrorists'. At the same time, extensive archival research and in-depth interviews bring focus to the impact of these measures on the lives of women, and the disabled and LGBTQ+ communities.
People may believe sleep to be simply a static state that is the direct opposite of wakefulness; however, this is not the case. Rather, it is a complex and dynamic process, and throughout sleep we progress through multiple stages that can be measured discretely across behavioural, physiological, and cognitive domains. This chapter describes the differences and features of these different stages and how they can be measured. Also described is the fact that sleep and wakefulness are not mutually exclusive, and that there are times when the lines between sleep and wake can be blurred, and this is notably true in insomnia. Finally, the chapter explains how sleep is regulated through interacting homeostatic and circadian processes, and the neuroscientific underpinnings of the sleep and circadian system.
Chapter 2 describes the fundamentals, applications, standardization, and operating principles of RFID technology and offers a glimpse into the design considerations and architectures of modern UHF RFID readers.
This paper explores the regulatory awakening regarding generative AI (GenAI) in the United States and European Union (EU) institutions with the release of ChatGPT. Based on a thematic analysis of regulatory documents, it investigates how governments have approached the deployment and use of this emerging technology within their classic government activities. The analysis shows several layers of regulatory approaches, ranging from command-and-control to an experimental approach, combined with risk- and management-based approaches. It also reveals different perspectives. The EU institutions have notably adopted more restrictive guidelines on the use of publicly available Large Language Models (LLMs) - a type o GenAI that is trained on vast amounts of text data to understand, generate, and respond in human-like language. This approach reflects greater caution about data security and confidentiality and the risks of foreign interference. However, the American and EU documents share a common concern about the risk of reinforcing discrimination and the protection of human rights. Interestingly, considering the administrative environment, neither the administrative activities in which GenAI may be used nor the key legal principles embedded by the rule of law are explicitly used for guiding administration in their development and use of GenAI. In this context, the paper calls for future research that could help contribute to the renewal of administrative law theory in the context of the digital transformation of public administration.
Generative artificial intelligence (AI) has catapulted into the legal debate through the popular applications ChatGPT, Bard, Dall-E and others. While the predominant focus has hitherto centred on issues of copyright infringement and regulatory strategies, particularly in the context of the AI Act, a critical but often overlooked issue lies in the friction between generative AI and data protection laws. The rise of these technologies highlights unresolved tension between safeguarding fundamental protection rights and and the vast, almost universal, of scale of data processing required for machine learning. Large language models, which scrape nearly the whole Internet rely on and may even generate personal data falling under the GDPR. This tension manifests across multiple dimensions, encompassing data subjects’ rights, the foundational principles of data protection and the fundamental categories of data protection. Drawing on ongoing investigations by data protection authorities in Europe, this paper undertakes a comprehensive analysis of the intricate interplay between generative AI and data protection within the European legal framework.
Leveraging blockchain technology in the energy sector holds immense potential, particularly in facilitating decentralised energy systems. However, the legal and regulatory landscapes of several countries, including Malaysia and Australia, pose significant obstacles to its effective implementation. This article examines the specific legal and regulatory hurdles hindering the incorporation of P2P energy trading systems in these two jurisdictions: Malaysia and Australia. Through a comparative analysis, the authors aim to provide valuable insights for policymakers and regulators seeking to develop comprehensive frameworks that encourage blockchain adoption in the energy sector. The article highlights the need to address the under-inclusiveness of laws, legal uncertainty around novel blockchain-based concepts like smart contracts, and the obsolescence of legal frameworks designed for traditional centralised energy systems. By examining Malaysia’s and Australia’s unique challenges, the article seeks to contribute to a broader understanding of the complexities of adapting legal and regulatory frameworks to accommodate this transformative technology.
◦ The Spanish raw tobacco market offers a story of two cartels that operated simultaneously. The first cartel operated on the seller side of the market. It was set up by the three agricultural unions that managed contract negotiations for the tobacco producers (“the producer representatives’ cartel”). The second cartel, on the buyer side, was formed by the purchasers of raw tobacco (“the processors cartel”).
◦ The case study tells a rich story of cartel formation. Government regulation sought to establish fair prices for tobacco producers through a system of production quotas. This led those producers to form a cartel to collectively negotiate with downstream tobacco processors. The processors formed their own cartel to counterbalance the one upstream. We then have regulation inducing one cartel which then inspires a second cartel.
◦ The processors’ cartel exemplifies some of the challenges in achieving effective collusion as well as the critical complementary role of monitoring and punishing mechanisms. The cartel was ineffective in its first two years in spite of a high level of market concentration and effective monitoring. Only when an internal compensation mechanism was put in place did firms comply with the collusive outcome.
In response to increasing hypertension rates, South Africa implemented a regulation which set a maximum total sodium content for certain packaged food categories. We assess changes in reported sodium intake among 18-39 year old adults living in one township in the Western Cape as a result of the implementation of the regulation in 2016.
Design:
By linking one set of 24 hour dietary recall data to two versions of the South Africa Food Composition Database which reflect the pre-regulation and post-regulation periods, we calculated changes in sodium intake due to reformulation of food products, not behavior change. We statistically tested differences in mean consumption in this sample with paired t-tests.
Setting:
Langa, Western Cape, South Africa
Participants:
Surveyed participants were residents of Langa between 18-39 years old (n=2,148)
Results:
Before and after the implementation of the regulation there was a statistically significant decrease in the estimated sodium intake among adults of 189.4 mg (137.5, 241.4; p=0.00). Reported sodium from cured meat (such as Russians) and certain types of soup powder, cereals, and salted peanuts had a 9 to 33 percent lower calculated sodium consumption.
Conclusions:
Our conclusions show that independent of any behavioral changes on the part of consumers, it is possible to lower sodium intake by using regulations to induce food manufacturers to lower the sodium levels in their products. As countries explore similar regulatory strategies, this work can add to that body of evidence to inform policies to improve the food system.