Academic literature on the topic 'Digital content regulation'

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Journal articles on the topic "Digital content regulation"

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Starks, Michael John. "Digital Convergence and Content Regulation." Convergent Television(s) 3, no. 6 (December 24, 2014): 125. http://dx.doi.org/10.18146/2213-0969.2014.jethc075.

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Distribution systems for broadcasting, Press and Internet journalism are converging: the same infrastructure can deliver all three historically separate services. Reception devices mirror this: the Connected TV, the tablet and the smart phone overlap in their functionality. Service overlaps are evident too, with broadcasters providing online and on-demand services and newspapers developing electronic versions. Does this mean that media regulation policies must converge too? My argument is that they should, though only where historically different communications are now fulfilling a similar function, e.g. broadcaster online services and electronic versions of newspapers. Convergence requires a degree of harmonisation and, to this end, I advocate a review of UK broadcasting’s ‘due impartiality’ requirement and of the UK’s application of the public service concept. I also argue for independent self-regulation (rather than state-based regulation) of non-public-service broadcasting journalism. These proposals are UK-specific since, given the regulatory and cultural differences between countries, detailed policy changes are likely to be determined mainly at national level, but I note the wider European context. Moreover, the underlying principle is relevant internationally: as freedom of entry into the non-public service sector of broadcast and online journalism becomes closer to the historically much greater freedom of entry into the Press, so the regulation of freedom of expression in these converging fields should become more consistent – and, I would argue, less state-based.
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Shalin, A. P. "Content security and Content regulation." Alma mater. Vestnik Vysshey Shkoly, no. 4 (April 2021): 110–18. http://dx.doi.org/10.20339/am.04-21.110.

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Discussed is the growing influence of the Internet and social networks on modern society and the formation of a young person’s personality. Due to the development of digital and telecommunication technologies, the number of treats and crimes in this field has been increasing. Thus, the problem of content security and violent content faced by the state and society has never been as acute as in recent years. The article discusses the existing content management systems and their features and briefly describes the activity of the Federal service for supervision of oommunication and information technology Roskomnadzor, as well as its successes and shortcomings. It also describes steps taken by the state in the field of content management and provides examples of existing regulations in the Russian Federation. The article discusses the role of social welfare organizations in the creation of safe cyberspace. It lists public organizations that existed in Russia and were involved in content management and security activities. With the abundance of violent content, some of results obtained by these organizations and solutions they use can be reused to develop a secure virtual environment today.
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Han, Dong. "From vagueness to clarity? Articulating legal criteria of digital content regulation in China." Global Media and Communication 12, no. 3 (November 2, 2016): 211–27. http://dx.doi.org/10.1177/1742766516675495.

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This research examines China’s laws and regulations on digital media content, which have developed and transformed along with the market-oriented media reform and Internet growth. It argues that there has been a continuous effort to articulate legal criteria of content regulation since the early 1980s. The body of laws regulating digital content today does not show across-the-board vagueness, but an ‘unbalanced’ development with elaborated rules in some legal areas, yet ambiguous stipulations in some others. The ‘vagueness’ of the law is part of the political and ideological ambiguity of China’s reform and development and will not be resolved independently of larger and more profound transformations of the Chinese state and society. The development of digital content laws in China can only make sense in specific historical contexts rather than by comparing against an idealized Western legal order.
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Stepanian, A. G. "DIGITAL REGULATION: DIGITALIZATION OR HUMANIZATION?" Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (June 22, 2020): 114–20. http://dx.doi.org/10.17803/2311-5998.2020.68.4.114-120.

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Aspects of the application of digital technologies are examined, in particular, their impact on human rights. The current content of digital technology law is analyzed in terms of the real possibility of realizing the rights and freedoms of man and citizen, including in complex information systems. The conclusion is drawn on the need to analyze the application of technology with a view to achieving a balance of possible benefi ts for society and potential violations of human rights, as well as taking measures to regulate such use, in particular, documentation. Thus, it is possible to leave the possibility of real realization of human rights.
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Kaczmarek-Templin, Berenika. "Unclear Status of Digital Content in Polish Consumer Rights Regulation." Masaryk University Journal of Law and Technology 9, no. 2 (September 30, 2015): 85–93. http://dx.doi.org/10.5817/mujlt2015-2-5.

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This paper aims to focus on the influence of the new consumer rights directive (2011/83/UE) on polish law. Till now there was not any regulation of electronic commerce, which deals with digital content, although music, movie and book single sales are mostly digital downloads. Regarding to polish Civil Code and the other acts, it has never been defined what the digital content is, it has never been resolved weather it is the product or the service.
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Alvarez, Clara Luz. "Rethinking Must-Carry and Retransmission Consent Regulation in the Digital Era." Law, State and Telecommunications Review 12, no. 1 (March 16, 2020): 9–57. http://dx.doi.org/10.26512/lstr.v12i1.24914.

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The emergence of new technological platforms to access online services and content have transformed the media landscape dramatically. They require policymakers to reexamine the decades-old regulations traditionally addressed to broadcasters and telecommunications providers. Must-carry, retransmission consent, and “carry one, carry all” rules in particular require reconsideration, if not reform. Must-carry regulation mandates cable and satellite pay TV providers to retransmit free-to-air broadcast programming. Such regulations have been adopted around the world, including the United States, Mexico, and France, the subjects of this article. Policymakers in these three countries have offered a variety of justifications for such rules, including the promotion of competition, local news and content, viewers´ rights, and content diversity. Recent data and case law, however, strongly suggest that emergent platforms to access online services and content undermine the standing justifications for must-carry, retransmission, and “carry one, carry all” rules. This Article argues that policymakers should consider other regulatory mechanisms to achieve the original reasons for such rules. The dramatic increase in the variety of devices (e.g., TV, tablet, mobile phones, smart TVs), service and content distributors (e.g., free-to-air TV, cable TV, internet), and service providers (e.g., broadcasters and “over-the-top” internet providers) strongly suggests that policymakers must reconsider the current approach. But any amendment to current regulation will depend on internet penetration and access to new video distribution platforms in a given geographic area. That is, without internet access, free-to-air TV might continue to be an important platform for service and content distribution.
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Koukal, Pavel. "Digital Content Portability and its Relation to Conformity with the Contract." Masaryk University Journal of Law and Technology 15, no. 1 (June 30, 2021): 53–84. http://dx.doi.org/10.5817/mujlt2021-1-3.

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In this paper the author analyses the possible convergences and divergences of two current legislative proposals of the European Commission: the Portability Regulation and the Digital Content Directive. Both proposals address the issue of access to digital content from different perspectives and complement each other, although they use different legal terminology and in some respects have a different scope of application in the question of cross-border portability of the digital content provided for monetary counter performance to consumers. The Portability Regulation focuses on the cross-border portability of digital content [Art. 3 (1) Portability Regulation), while the Digital Content Directive specifies the consumer rights related to the distribution of digital content and subsumes the accessibility of digital content under the concept of “conformity of the digital content with the contract” [Art. 6 (1), (2) Digital Content Directive). The author aims to answer whether a consumer who is not allowed to use the digital content in EU Member States besides the Member State of his residence will be entitled to pursue claims arising from the non-conformity of the digital content with the contract.
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Flew, Terry, Fiona Martin, and Nicolas Suzor. "Internet regulation as media policy: Rethinking the question of digital communication platform governance." Journal of Digital Media & Policy 10, no. 1 (March 1, 2019): 33–50. http://dx.doi.org/10.1386/jdmp.10.1.33_1.

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This article identifies the current global ‘techlash’ towards the major digital and social media platforms as providing the context for a renewed debate about whether these digital platform companies are effectively media companies (publishers and broadcasters of media content), and implications this has for twenty-first-century media policy. It identifies content moderation as a critical site around which such debates are being played out, and considers the challenges arising as national and regionally based regulatory options are considered for digital platforms that are ‘born global’. It considers the shifting balance between the ‘social contract’ of public interest obligations and democratic rights of free speech and freedom of expression.
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Okah-Avae, Tobore Obrozie, and Benjamin Mukoro. "Constructing a tax regime for the regulation of trade in digital content." Journal of International Trade Law and Policy 19, no. 3 (November 11, 2020): 121–38. http://dx.doi.org/10.1108/jitlp-03-2020-0021.

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Purpose The paper aims to consider how a country like Nigeria, with an underdeveloped tax system, can adapt its tax generation mechanisms to meet the challenges of digital commerce in the 21st century. Design/methodology/approach The paper adopts a doctrinal approach. Findings The paper recommends measures that could be adopted to enhance the efficiency of the current tax systems, to allow it to take advantage of opportunities presented by digital transactions. Originality/value To the best the authors’ knowledge, this paper is the first of its kind to consider the taxation of digital transactions in the Nigerian context.
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Rad, Dana, Daniel Dixon, and Gavril Rad. "Digital Outing Confidence as a Mediator in the Digital Behavior Regulation and Internet Content Awareness Relationship." BRAIN. BROAD RESEARCH IN ARTIFICIAL INTELLIGENCE AND NEUROSCIENCE 11, no. 1 (March 17, 2020): 84–95. http://dx.doi.org/10.18662/brain/11.1/16.

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Dissertations / Theses on the topic "Digital content regulation"

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Lucchi, Nicola. "The role of Internet access in enabling individual’s rights and freedoms." Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Redovisning och Rättsvetenskap, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-21576.

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The paper discusses the scientific and policy debate as to whether access to the Internet can be considered so fundamental for human interaction as to deserve a special legal protection. In particular, it examines the impact of computer-mediated communication on the realization of individual’s rights and freedoms as well as on democratization processes. It then considers how Internet content governance is posing regulatory issues directly related to the growing importance of an equitable access to digital information. In this regard, the paper looks at conflicts arising within the systems of rights and obligations attached to communication (and especially content provision) over the Internet. The paper finally concludes by identifying emerging tensions and drawing out the implications for the nature and definitions of rights (e.g. of communication and access, but also of intellectual property ownership) and for regulations and actions taken to protect, promote or qualify those rights. All these points are illustrated by a series of recent examples.
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Nazareno, Claudio. "Regulation and the promotion of national audio-visual content in the era of digital convergence : a comparative analysis of the United Kingdom, France and Brazil." Thesis, University of Roehampton, 2013. https://pure.roehampton.ac.uk/portal/en/studentthesis/regulation-and-the-promotion-of-national-audiovisual-content-in-the-era-of-digital-convergence(c52f8024-66fd-4525-8258-c78532077836).html.

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This research investigates how the production and distribution of nationally produced television programmes, films and other audiovisual content can be promoted by regulation. The study identifies current regulatory tools to promote national content and differences in policy approaches. It also identifies new issues resulting from the substantial transformation the media environment has undergone in recent years. The audiovisual sector today is characterised by an abundance of television channels and telecommunication services and by ongoing digital convergence, all impacting on the effectiveness and rationale of content regulation. Focused on the UK, France and Brazil, this comparative research investigates the political, regulatory, socio-cultural, economic, technological and market changes of the communication services in the recent decades and how this has impacted on the provision of national audiovisual content. The starting point of the analysis are the 1980s, when broadcasting started to be gradually liberalised, and it concludes in the 2000s, when information technologies, telecommunications and broadcasting converge into interconnected, complementary and supplementary services. This research offers a three step method of analysis which contributes to a new understanding of the mechanisms and implications involved in the production and distribution of nationally produced content in digital times. In the first step, the various socio-cultural aims of communication services as enacted in legislation are analysed. The second step explores the consequent regulatory tools for the fulfilment of those objectives. The third step provides a market evaluation of the audiovisual industries, which broadcasters and other distribution platforms provide which kind of content, and also looks at audiences‟ viewing preferences to get a better understanding of what type of content should be supported through legislation. As outcomes, this research proposes to academics, policymakers and regulators a new definition for national content and a series of regulatory actions for fostering national audiovisual industries in times of digital convergence.
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Castro, Clarice Marinho Martins de. "On the regulation of cloud computing contracts / Clarice Marinho Martins de Castro." Universidade Federal de Pernambuco, 2014. https://repositorio.ufpe.br/handle/123456789/12060.

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Submitted by Nayara Passos (nayara.passos@ufpe.br) on 2015-03-11T19:03:04Z No. of bitstreams: 2 TESE Clarice Marinho de Castro.pdf: 2687041 bytes, checksum: dce1690dc5de11a21995358c7edaae0a (MD5) license_rdf: 1232 bytes, checksum: 66e71c371cc565284e70f40736c94386 (MD5)
Made available in DSpace on 2015-03-11T19:03:05Z (GMT). No. of bitstreams: 2 TESE Clarice Marinho de Castro.pdf: 2687041 bytes, checksum: dce1690dc5de11a21995358c7edaae0a (MD5) license_rdf: 1232 bytes, checksum: 66e71c371cc565284e70f40736c94386 (MD5) Previous issue date: 2014
CAPES
A computação em nuvem encontra-se rapidamente se desenvolvendo e oferecendo inúmeras vantagens à indústria da Tecnologia da Informação (TI). Ela tem permitido a realização do antigo sonho da computação tornar-se uma ‘utilidade’. Todavia, esta realidade apresenta riscos e desafios em diferentes áreas, sobretudo no âmbito legal, e nos contratos de consumo em particular. Assim, considerando a complexidade da computação em nuvem, torna-se essencial a busca de um menor grau de incerteza na relação fornecedor-consumidor. A presente pesquisa tem por objetivo analisar e caracterizar as transações de computação em nuvem, tanto nos contratos de serviço, como nos contratos de fornecimento de conteúdo digital. Para tanto, esta tese examinará legislações de natureza internacional e nacional, bem como contratos, que poderão ser utilizados na regulamentação das atividades em nuvem no Brasil. De início, será realizada uma apreciação crítica quanto à possibilidade de aplicação da legislação relativa a um "Direito Europeu Comum de Compra" - denominada na língua inglesa de “Common European Sales Law (CESL) - nos contratos de fornecimento de conteúdo digital realizados entre o Brasil e os Países Membros da União Européia. Em seguida, serão examinadas algumas regras gerais presentes no Código de Defesa do Consumidor brasileiro a fim de ser discutida a aplicabilidade do referido Código nos contratos de computação em nuvem. Por fim, serão estudados três contratos de computação em nuvem oferecidos pelo Google no Brasil com o objetivo de apontar os sérios riscos apresentados para os consumidores ao firmar tais acordos, bem como a adequação de tais instrumentos em face da legislação nacional.
The paradigm of cloud computing has been developing quickly and offers many new advantages to the information technology industry. It is turning the long-held dream of computing as a utility, into a reality. However, it also poses risks and challenges in different fields, especially in the legal area, that may affect the stakeholders of this market. Given the complexity of cloud computing, it is essential to assure that there is little uncertainty in the provider-consumer relationship. This research aims to analyse and characterise cloud computing transactions from a legal perspective, both as a service contract, and as a contract for the provision of digital content. Thus, in this thesis we examine international and national legislation, as well as contracts, which may govern the relationship between cloud stakeholders. Given the international and cross-border nature of the proposed Common European Sales Law (CESL), which may eventually be applied between Brazilian and European contracts, and due to the legal rules which it is based sharing some similarities to the civil law system in Brazil, we begin offering a critical view of the possibility of applying this proposal on a Common European Sales Law to some cloud computing transactions when they supply digital content. Next, we turn to examine whether the Brazilian Consumer Protection Code (CDC), with its existing general rules relating to ‘goods’ and ‘services’, and some other definitions, could be broad enough to cover the necessities of cloud consumers in Brazil. Lastly, we examine the issue of regulating cloud computing through contract. In particular, we identify a set of key legal issues to be considered by consumers when entering into a cloud contract. In order to illustrate their importance, we perform a detailed evaluation of some Google cloud-based agreements to check if they are compatible with existing laws in Brazil.
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Beridzishvili, Jumber. "When the state cannot deal with online content : Reviewing user-driven solutions that counter political disinformation on Facebook." Thesis, Malmö universitet, Malmö högskola, Institutionen för globala politiska studier (GPS), 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-18502.

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Online disinformation damage on the world’s democracy has been critical. Yet, states fail to handle online content harms. Due to exception from legal liability for hosted content, Facebook, used by a third of the world population, operates ‘duty-free’ along with other social media companies.Concerned with solutions, this has given rise to the idea in studies that social resistance could be one of the most effective ways for combating disinformation. However, how exactly do we resist, is an unsettled subject. Are there any socially-driven processes against disinformation happening out there?This paper aimed to identify such processes for giving a boost to theory-building around the topic. Two central evidence cases were developed: #IAmHere digital movement fighting disinformation and innovative tool ‘Who is Who’ for distinguishing fake accounts. Based on findings, I argue that efforts by even a very small part of society can have a significant impact on defeating online disinformation. This is because digital activism shares phenomenal particularities for shaping online political discourse around disinformation. Tools such as ‘Who is Who’, on the other hand, build social resilience against the issue, also giving boost digital activists for mass reporting of disinformation content. User-driven solutions have significant potential for further research.Keywords: Online disinformation; algorithms; digital activism; user-driven solutions.
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Helberger, Natali. "Controlling access to content regulating conditional access in digital broadcasting /." [S.l. : Amsterdam : s.n.] ; Universiteit van Amsterdam [Host], 2005. http://dare.uva.nl/document/78324.

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Greenstein, Stanley. "Our Humanity Exposed : Predictive Modelling in a Legal Context." Doctoral thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-141657.

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This thesis examines predictive modelling from the legal perspective. Predictive modelling is a technology based on applied statistics, mathematics, machine learning and artificial intelligence that uses algorithms to analyse big data collections, and identify patterns that are invisible to human beings. The accumulated knowledge is incorporated into computer models, which are then used to identify and predict human activity in new circumstances, allowing for the manipulation of human behaviour. Predictive models use big data to represent people. Big data is a term used to describe the large amounts of data produced in the digital environment. It is growing rapidly due mainly to the fact that individuals are spending an increasing portion of their lives within the on-line environment, spurred by the internet and social media. As individuals make use of the on-line environment, they part with information about themselves. This information may concern their actions but may also reveal their personality traits. Predictive modelling is a powerful tool, which private companies are increasingly using to identify business risks and opportunities. They are incorporated into on-line commercial decision-making systems, determining, among other things, the music people listen to, the news feeds they receive, the content people see and whether they will be granted credit. This results in a number of potential harms to the individual, especially in relation to personal autonomy. This thesis examines the harms resulting from predictive modelling, some of which are recognized by traditional law. Using the European legal context as a point of departure, this study ascertains to what extent legal regimes address the use of predictive models and the threats to personal autonomy. In particular, it analyses Article 8 of the European Convention on Human Rights (ECHR) and the forthcoming General Data Protection Regulation (GDPR) adopted by the European Union (EU). Considering the shortcomings of traditional legal instruments, a strategy entitled ‘empowerment’ is suggested. It comprises components of a legal and technical nature, aimed at levelling the playing field between companies and individuals in the commercial setting. Is there a way to strengthen humanity as predictive modelling continues to develop?
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Mokhele, Botlenyana Charity. "Regulation of local content on the digital platform." Thesis, 2015. http://hdl.handle.net/10539/18511.

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Thesis (M.M. (Public Policy))--University of the Witwatersrand, Faculty of Commerce, Law and Management, Graduate School of Public and Development Management, 2015
This study examines options for regulating local content in the digital environment, focusing on the DTT platform. Based on qualitative interviews and documentary analysis, it reflects on the impact of local content regulations in South Africa, as well as that of technology and market changes resulting from digital broadcasting. The findings confirm that while demand for local programming has increased, its quality and diversity has not improved. Independent production companies derived limited benefit from the regulations. The Independent Communications Authority (ICASA) lacks capacity to enforce and to assess their impact. The regulations were found to be inadequate to regulate local content in a digital environment. The study suggests interventions for addressing the above short comings and ensuring continued relevance of local content regulations. It also suggests ways of protecting broadcasters’ revenues, required to sustain production local content for the digital multichannel environment. From a practical perspective, it recommends that production funding be strengthened and better coordinated to ensure that the production sector meets the increased demand for local productions. Further, that African and regional content be considered as local content in order to achieve economies of scale required to sustain these productions. Regulatory wise, the study recommends stringent regulation of competition to achieve regulatory parity with broadcast-like services and to protect incumbent free to air broadcasters’ advertising revenues. It is proposes that local content quotas be reviewed and aggregated across channel bouquets, but also to accommodate niche and specialist channels. However, quotas are only effective as part of a broader well-coordinated system of regulating both the supply and demand of local content, supported by a strong monitoring and enforcement system. Likewise, traditional broadcasting business models, content acquisition strategies and the intellectual rights rules must be reviewed to suit the changed audience and media consumption patterns. Finally, it recommends an overhaul of the broadcasting policy in order to accommodate regulation of content in a converged environment, and by default the application of local content regulation on the DTT platform.
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Wang, Shih-Chieh, and 王世傑. "A Study on the Content Regulation in the Age of Digital Convergence." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/70748949739658303398.

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碩士
國立中興大學
科技法律研究所
97
Communications platform in the era of Digital Convergence includes not only traditional media (broadcasting, cable and satellite television), but also emerging media (internet and mobile phones etc.). Regarding the issue of content regulation, traditional media and the emerging internet and cell phone networks in fact face the same challenge, but are nonetheless regulated in different manners and density. The purpose of this study is twofold. Firstly, a review of the rules and principles regulating traditional media and the emerging media is conducted in order to understand the formulation and direction of the legal policies behind them. Secondly, this dissertation seeks to clarify the trend of content regulation and to examine issues facing the digital convergence. Recommendations on policy and legal changes are also provided. This dissertation argues that the rules and principles which regulate traditional media should, to its greatest extent, be applied to the emerging medial. Maintaining consistency in the application of those rules and principles may help balancing free speech, minor protection and public interests, regardless of the discrepancies in nature between them.
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Books on the topic "Digital content regulation"

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Helberger, Natali. Controlling access to content: Regulating conditional access in digital broadcasting. The Hague: Kluwer Law International, 2005.

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Regulation, awareness, empowerment: Young people and harmful media content in the digital age. Göteborg, Sweden: International Clearinghouse on Children, Youth and Media, NORDICOM, Göteborg University, 2004.

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1950-, Carlsson Ulla, International Clearinghouse on Children, Youth and Media, and NORDICOM/Sverige, eds. Regulation, awareness, empowerment: Young people and harmful media content in the digital age. Göteborg, Sweden: International Clearinghouse on Children, Youth and Media, Nordicom, Göteborg University, 2006.

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Watson, Jonathan, Reiner Schulze, and Dirk Staudenmayer, eds. EU Digital Law. Nomos Verlagsgesellschaft mbH & Co. KG, 2020. http://dx.doi.org/10.5771/9783845291888.

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The rules on the EU's digital single market are a milestone in consumer protection. They have harmonised the provision of digital content and online sales across Europe. The new commentary on "EU Digital Law" comments, article by article, on the most important European regulations on digital law in the EU: the Digital Content Directive; the EU Consumer Rights Directive; the E-Commerce Directive; the Portability Regulation. The legal framework for digital content is being fundamentally redefined. The authors are experts from all over the EU. Their contributions provide detailed explanations of the background and purpose of the provisions and show concrete ways of implementing them.
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Schwemer, Sebastian Felix. Licensing and Access to Content in the European Union: Regulation Between Copyright and Competition Law. Cambridge University Press, 2019.

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Elkins, Evan. Locked Out. NYU Press, 2019. http://dx.doi.org/10.18574/nyu/9781479830572.001.0001.

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“This content is not available in your country.” Media consumers around the world regularly run into this reminder of geography’s imprint on digital culture. Despite utopian hopes of a borderless digital society in an era of globalization, DVDs, video games, and streaming platforms include digital rights management mechanisms like region codes and IP address detection systems that block media access within certain territories. Although propped up by national and transnational intellectual property regulation, these technologies of “regional lockout” are designed primarily to keep the entertainment industries’ global markets distinct. Beyond this, they frustrate consumers around the world and place certain territories on a hierarchy of global media access. Drawing on extensive research of media-industry strategies, consumer and retailer practices, and media regulation, Locked Out explores regional lockout in DVDs, console video games, and streaming video and music platforms. The book argues that regional lockout has shaped global media culture over the past few decades in three interrelated ways: as technological regulation, media distribution, and geocultural discrimination. As a form of digital rights management, regional lockout builds in limitations on the affordances of digital software and hardware. As distribution, it seeks to ensure that digital technologies accommodate media industries’ traditional segmentation of markets. Finally, as a cultural system, regional lockout shapes and reflects long-standing global hierarchies of power and discrimination.
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Lloyd, Ian J. Information Technology Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198830559.001.0001.

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Information Technology Law provides a thorough account of information technology (IT) law. The volume looks at the subject in a wide context, examining the legal response to the latest IT-related developments within society, bringing the law to life and examining how legal issues in IT can affect everyone. This title considers issues in IT law on European and international scales, providing a realistic overview of how the law in this area operates globally and encouraging further thought and investigation about the current issues within IT law. The ninth edition covers major new legislation in this field, including the General Data Protection Regulation and Data Protection Act 2018 l and its impact and scope; especially in the light of recent high-profile security breaches; updated coverage of patent and copyright law including consideration of the role of standard essential patents and standardisation within the IT sector, and digital rights management; discussion of the Consumer Rights Act 2015 with regards to digital products and content; and consideration of new cases in all areas of the law.
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Regulating Content on Social Media: Copyright, Terms of Service and Technological Features. UCL Press, 2018.

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Tan, Corinne. Regulating Content on Social Media: Copyright, Terms of Service and Technological Features. UCL Press, 2018.

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Borucki, Isabelle, and Wolf Jürgen Schünemann, eds. Internet und Staat. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845290195.

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You cannot form a state with the Internet—or can you? In contrast to post-territorial expectations from the early days of the Internet, the state seems to be increasingly in demand when it comes to coming to terms with the digital revolution. What is more, state structures have never been irrelevant in terms of the Internet but have influenced both it and digitalisation since their beginnings. This book explores the intriguing relationship between the Internet and the state in depth from an interdisciplinary perspective that includes political science, legal studies and communication studies. By examining sovereignty, privacy and security, the contributions it contains address the fundamental understandings and functions of the state. They deal with regulatory areas that have changed dynamically in the digital era: data protection, the administration of critical Internet resources and the regulation of media content. Finally, they also consider the changes to the players involved in this field and the courses of action open to them: parties and political communication, e-government and e-participation. With contributions by Isabelle Borucki, Andreas Busch, Myriam Dunn Cavelty, Florian Egloff, Katharina Gerl, Paula Helm, Norbert Kersting, Jan Niklas Kocks, Julia Pohle, Claudia Ritzi, Wolf J. Schünemann, Sandra Seubert, Thorsten Thiel, Martin Warnke and Alexandra Zierold.
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Book chapters on the topic "Digital content regulation"

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Loos, Marco B. M. "The Regulation of Digital Content B2C Contracts in CESL." In Studies in European Economic Law and Regulation, 611–34. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-04903-8_30.

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Krimmer, Robert, Andriana Prentza, Szymon Mamrot, and Carsten Schmidt. "The Once-Only Principle: A Matter of Trust." In The Once-Only Principle, 1–8. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-79851-2_1.

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AbstractThe Single Market is one of the cornerstones of the European Union. The idea to transform it into a Digital Single Market (DSM) was outlined several years ago. The EU has started different initiatives to support this transformation process. One of them is the program Horizon 2020 to support the process from a technical point of view. In parallel to this, initiatives were started to set up a sound legal framework for the DSM. The Single Digital Gateway Regulation (SDGR) is an outcome of these initiatives. The key aspect of the SDGR is the underlying Once-Only Principle (OOP), outlining that businesses and citizens in contact with public administrations have to provide data only once. “The Once-Only Principle Project (TOOP)” is the EU-funded project initiated for research, testing, and implementation of the OOP in Europe. The authors give an overview of the research questions of the different parts of TOOP. Besides that, they introduce the other chapters of this book and what the reader can expect as the content of them.
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Van Der Zee, Sophie. "Shifting the Blame? Investigation of User Compliance with Digital Payment Regulations." In Cybercrime in Context, 61–78. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-60527-8_5.

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Samara, Georges, and Jessica Terzian. "Challenges and Opportunities for Digital Entrepreneurship in Developing Countries." In Digital Entrepreneurship, 283–302. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-53914-6_14.

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AbstractThis chapter explores the obstacles and opportunities that digital entrepreneurs encounter when they operate in developing countries. Drawing on the varieties of institutional systems framework and on three interviews (two digital entrepreneurs and one consultant), this chapter chalks out the idiosyncratic challenges and opportunities for digital entrepreneurs operating in a developing context. Our findings indicate that digital entrepreneurs face a weak institutional infrastructure and an environment characterized by corruption that obstructs their operations. These weak infrastructures result in the inaccessibility to necessary start-up funds, the lack of policies and regulations that protect and support e-commerce, a weak digital infrastructure, and to a deficiency in digitally competent and experienced labor capital. At the same time, our findings indicate some opportunities stemming from the unique institutional setting in which digital entrepreneurs operate. The opportunities translate into the use of family wealth as a source of start-up financial capital, the use of personal connections as a source of social and human capital, and the rising education on digital entrepreneurship and its benefits. We conclude with some suggestions to improve the current institutional infrastructure for digital entrepreneurs in developing countries.
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Dobson, Jerome E., and Willam A. Herbert. "Geoprivacy, Convenience, and the Pursuit of Anonymity in Digital Cities." In Urban Informatics, 567–87. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-15-8983-6_32.

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AbstractCities demand spatial efficiencies that can be achieved only through sharing of information. Current technologies support collection, processing, and dissemination of unprecedented quantities of personal, public, and corporate information. Inherent in this milieu is an inevitable contest among societal efficiency, corporate profits, consumer convenience, personal privacy, and even freedom. The authors examine current trends in technology, data collection, legislation, and public acceptance. They find that without broad specific regulations limiting location data collection and use—including a universal protected right for individuals to pursue anonymity—governments, commercial enterprises, employers, and individuals increasingly will exploit tracking technologies at the expense of geoprivacy.
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Giliker, Paula. "Regulating Contracts for the Supply of Digital Content: The EU and UK Response." In EU Internet Law, 101–24. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-64955-9_5.

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Suing, Abel, and Carlos Ortiz. "Contents in the Television of Ecuador. Incidence of the Digital Transition and the Regulation." In New Advances in Information Systems and Technologies, 431–37. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-31307-8_45.

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Krimmer, Robert, Andriana Prentza, Szymon Mamrot, Carsten Schmidt, and Aleksandrs Cepilovs. "The Future of the Once-Only Principle in Europe." In The Once-Only Principle, 225–36. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-79851-2_12.

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AbstractThe Single Digital Gateway Regulation (SDGR) and the underlying Once-Only Principle (OOP) outline that businesses and citizens in contact with public administrations have to provide data only once. The chapter gives an overview based on the findings of the EU-funded “The Once-Only Principle Project (TOOP)”. The authors summarise the developments related to the once-only principle and the SDGR in Europe. They also outline a vision for the future of the OOP in Europe. The vision is based on the analysis and the key take-aways from the previous chapters of this book. It also highlights the next steps to further improve the technical and legal basis and the chances given by the update of the eIDAS regulation. Furthermore, an opportunity for the sustainability of the OOP and the TOOP is described.
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Zolotovskiy, Vladimir A., Marina L. Davydova, Yuriy A. Bokov, and Yevgeniy V. Stelnik. "Objective Special Aspects of Legal Regulation of Promotion in Tourism Within the Context of Digital Tourism Development in Russia." In Digital Economy: Complexity and Variety vs. Rationality, 612–22. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-29586-8_71.

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Murphy, Brid, and Marta Rocchi. "Ethics and Cloud Computing." In Palgrave Studies in Digital Business & Enabling Technologies, 105–28. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54660-1_6.

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Abstract While the benefits of cloud computing are widely acknowledged, it raises a range of ethical concerns. The extant cloud computing literature reports specific ethical perspectives on focussed topics in this domain, but does not explicitly refer to a specific ethical conception or reference point. This chapter provides an overview of ethics and ethical theories, which can be used to analyse the use of cloud technology and the complex multi-stakeholder structure of the industry. It is critical that cloud providers and users recognise that they effectively shape the morality of the cloud computing context through their interactions with other providers and users, and with the platform itself. Both stakeholder sets must be accountable for the possibilities offered by the technology. While pertinent regulation is continuously evolving, it is unlikely to advance at a similar rapid pace to that of innovation in the cloud computing industry. It is therefore essential that ethics is carefully considered to orient cloud computing towards the good of society.
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Conference papers on the topic "Digital content regulation"

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Akhrameeva, Olga. "Civil Regulation Of Digital Content." In International Scientific Conference «Social and Cultural Transformations in the Context of Modern Globalism» dedicated to the 80th anniversary of Turkayev Hassan Vakhitovich. European Publisher, 2020. http://dx.doi.org/10.15405/epsbs.2020.10.05.4.

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Rudohradská, Simona, and Diana Treščáková. "PROPOSALS FOR THE DIGITAL MARKETS ACT AND DIGITAL SERVICES ACT: BROADER CONSIDERATIONS IN CONTEXT OF ONLINE PLATFORMS." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18317.

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Proposals for a Regulation on a Single Market For Digital Services (Digital Services Act) and Regulation on contestable and fair markets in the digital sector (Digital Markets Atc) of 15th of December, 2020 were long-avaited tools, through which, in the field of digital services, a higher degree of legal certainty for the consumer should be ensured and the functional responsibility regime of online platforms should be secured, in direct proportion. Submitted proposals preceded open public consultation of interested stakeholders, including the general public, academics, digital companies and other businesses, associations, civil society public authorities, and trade unions. The need to adopt adequate legislation in line with rapid technological development also stemmed from the fact that the E-commerce Directive was adopted in 2000 and has so far been considered as the main legal framework governing the issue of digital platforms, but it is also necessary to add that the regulation of online platforms has been mainly left to the Member States. As much of the activity has shifted to the online enviroment, digital platforms are playing an increasingly important role in our lives. The purpose of this paper is to analyze the relevant provisions of the proposal in the context of competition rules and also in view of the increased use of online platforms due to the global crisis. The content of the article will also contain a brief comparison with the current legal situation with reference to the practical implications that await us with the adoption of the new legislation.
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Zdraveva, Neda. "DIGITAL CONTENT CONTRACTS AND CONSUMER PROTECTION: STATUS QUO AND WAYS FURTHER." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18313.

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One of the effects of the COVID-19 crisis is the significant acceleration of e-commerce. The number of companies and the varieties of products in the online markets increased, as well as the numbers of consumers and consumers’ segments diversification. The e-commerce in pandemic times offered clear benefits and opportunities for the consumers. It also created situations where the lack of confidence in e-commerce may intensify. This comes from the consumers’ uncertainty on their key contractual rights and it is particularly a case when it comes to the contracts for supply of digital content and digital services. The European Union considered that legal certainty for consumers (and businesses) will increase by full harmonisation of key regulatory issues and that this would lead to growth of the potentials the e-commerce has on the common market. Aiming to achieve a genuine digital single market the Council of the European Union and the European Parliament in May 2019 have adopted the Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services (the "Digital Content Directive") and the Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods (the "Sales of Goods Directive") that regulate the supply of digital content and digital services and sale of goods with digital elements, respectively. Both directives lay down specific rules on the conformity of digital content or a digital service i.e., goods with digital elements with the contract, remedies in the cases of a lack of conformity or a failure to supply, as well as the modalities for the exercise of those remedies. The paper analyses the mechanisms for regulation of the contracts for the supply of digital content and digital services and the specific rights and obligations of the parties to these contracts. The main objective of the research is to assess to which extent these mechanisms are novelty in the European Consumer Law and to examine the obstacles that the application of consumer law to digital content contracts may encounter.
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D. Weerakkody, Niranjala. "More Dominant in their Inactivity: Consumer Response and the Adoption of Digital TV in Australia." In 2003 Informing Science + IT Education Conference. Informing Science Institute, 2003. http://dx.doi.org/10.28945/2686.

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After much hesitation, discussion, and power brokering, Australia adopted digital TV for its Free-to air broadcasting on January 1, 2001. However, by December 2002, only a few thousand homes had adopted the technology. This paper examines the implementation and regulation of digital TV in Australia from the point of view of the ‘established base’ the new technology will replace, theories on diffusion and innovation of new technologies, and the Justification Model, which sees technology choice as social gambling. It then evaluates the various protectionist regulations and limitations imposed on the technology to safeguard the various stakeholders, the implementation strategies used, lack of digital content, marketing efforts, negative media coverage, and the economic realities of the technology, and argues that if consumers reject the technology altogether, it would lead to Australia missing the future applications of digital technology and the opportunity to address the issue of the ‘digital divide’ in the 21st century.
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Radev, Emil. "DEVELOPMENT OF THE DIGITAL ECONOMY IN EU: NEW REGULATIONS AND PERSPECTIVES." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.13.

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The report presents the development of the digital economy in the European Union in the context of its current state and development tendencies. The accent is put on the new regulations and perspectives, which it faces, and the need for legal regulation adequate to the ongoing processes. The main guidelines in which the European Parliament makes its recommendations for development and establishment of a common regulatory framework through the new provisions of the Digital Services Legislation are outlined. Based on the research, summaries and conclusions are made.
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Busko, Małgorzata. "Updated Land Use in the Modernization of the Cadastre – Analysis of the Surveying and Legal Procedures and the Financial Consequences." In Environmental Engineering. VGTU Technika, 2017. http://dx.doi.org/10.3846/enviro.2017.175.

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Land uses are features of the cadastral database. When carrying out the modernization of the cadastre, their update is necessary, according to the Regulation on the register of land and buildings, applicable in Poland. The Regulation sets out the principles for assigning land use categories to given land. The manner of land use carries specific consequences for the owner, namely, it is the determinant of the tax rate which, together with the surface area of the land, results in a specified amount of annual tax liabilities. For this reason, defining the type and extent of land use in the real estate cadastre raises intense feelings. Here, the affairs of land owners, who wish to incur the lowest possible costs associated with the possessed property, and of the municipality – the beneficiary of the property tax, are in contradiction. The article presents the procedure for updating land uses during the modernization of the cadastre. According to the Regulation on the register of land and buildings, a digital description of the contour of land use may be drawn up, based on the results of field measurements, digitization of the analog map or the processed aerial photographs. In the project, which is the basis of this article, the sources of information on the land uses included the cadastral map in the analog form as well as surveying and cartographic materials from individual surveying tasks. However, the content of the current orthophotomap, prepared for the modernization of the cadastre, and the data from the field surveys were of the greatest importance.
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Elizabeth Bezanson, Mary, Kenneth J. Levine, and Susan B. Kretchmer. "Panel on: The Creation and Distortion of Communication through Information Technology." In 2003 Informing Science + IT Education Conference. Informing Science Institute, 2003. http://dx.doi.org/10.28945/2733.

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Information and communication technology has opened up both challenges and opportunities for the process of communication. This is particularly true for communicating effectively and efficiently in the digital age, where unique problems of creation and distortion, especially misinformation and bias, can arise. In addition, the broad diffusion of a communication medium eventually prompts both the public and private sectors to establish mechanisms to regulate that medium under the rubric of the public interest. Sometimes this can happen through self-censorship on the part of the industry, while other times it requires the institution of governmental law and regulation. The emergence of the Internet as a mass communication system has raised questions about how this medium can function to benefit society, as well as concerns about its potential harm. Focusing on the nexus of the process of communication and the limitations and prospects of information technology, this panel explores some of the major concerns of the digital age from a legal and policy perspective. The topics to be covered through interactive discussion include: anonymous speech and cybersmearing; the nature of publication and misinformation; and Internet content filtering, freedom of speech, and intellectual property
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Ablaev, E. "Industrial structure of short-term lending in 1928–1935: a quantitative analysis of archival materials of the State Bank of the USSR." In Historical research in the context of data science: Information resources, analytical methods and digital technologies. LLC MAKS Press, 2020. http://dx.doi.org/10.29003/m1782.978-5-317-06529-4/6-13.

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The study deals with the transformation of the industrial lending practices in the USSR during the credit reform of the 1930s. The reform and its impact are analyzed using a set of archival and published sources. At the beginning of the reform, due to the imprecisely defined assets to be credited, there was a significant increase in short-term loans, which entailed additional money issue. This drawback caused new lending regulations. By continuous adapting the rules to the current situation, the State Bank was regulating the access of industries to borrowed resources.
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Ablaev, E. "Industrial structure of short-term lending in 1928–1935: a quantitative analysis of archival materials of the State Bank of the USSR." In Historical research in the context of data science: Information resources, analytical methods and digital technologies. LLC MAKS Press, 2020. http://dx.doi.org/10.29003/m1782.978-5-317-06529-4/6-13.

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The study deals with the transformation of the industrial lending practices in the USSR during the credit reform of the 1930s. The reform and its impact are analyzed using a set of archival and published sources. At the beginning of the reform, due to the imprecisely defined assets to be credited, there was a significant increase in short-term loans, which entailed additional money issue. This drawback caused new lending regulations. By continuous adapting the rules to the current situation, the State Bank was regulating the access of industries to borrowed resources.
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Vučković, Jelena. "NEKA PITANjA DIGITALIZACIJE MEDIJSKIH USLUGA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.521v.

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Life in the period of the fourth industrial revolution, complete and comprehensive digitization of almost every segment of human life, brings with it new challenges of recognition, understanding and coping in the digital environment. The crisis caused by the Covid-19 virus has further encouraged forms of virtual communication, and accelerated the development of digital services and their provision to unimaginable limits. The paper analyzes the way in which the digital environment influences the change in the way of providing media services, which are increasingly digital, and less classic and traditional. This means meeting and confronting a lot of information on the Internet and new social networks, which are becoming an alternative medium. younger population. Living in a digitized, hypertechnologically mediated world leads to the quantitative nature of information, without clearly determining its quality. A lot of information also leads to a lot of misinformation and false news. The appearance of the so-called algorithmic echo chambers, "clickbait" journalism, an increase in hate speech, as well as a decrease in trust in both the mainstream media and the journalistic profession in general. Therefore, in addition to strengthening the legal capacity of Internet regulation and the responsibility of digital service providers for the quality of audio-visual media content, it is important to pay attention to an important segment of preventive social action - development and strengthening of media literacy. Media literacy is one of the key competencies for living and working in a digitized and mediated environment, so it is necessary to clearly define its concept.
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Reports on the topic "Digital content regulation"

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Jones, Emily, Beatriz Kira, Anna Sands, and Danilo B. Garrido Alves. The UK and Digital Trade: Which way forward? Blavatnik School of Government, February 2021. http://dx.doi.org/10.35489/bsg-wp-2021/038.

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The internet and digital technologies are upending global trade. Industries and supply chains are being transformed, and the movement of data across borders is now central to the operation of the global economy. Provisions in trade agreements address many aspects of the digital economy – from cross-border data flows, to the protection of citizens’ personal data, and the regulation of the internet and new technologies like artificial intelligence and algorithmic decision-making. The UK government has identified digital trade as a priority in its Global Britain strategy and one of the main sources of economic growth to recover from the pandemic. It wants the UK to play a leading role in setting the international standards and regulations that govern the global digital economy. The regulation of digital trade is a fast-evolving and contentious issue, and the US, European Union (EU), and China have adopted different approaches. Now that the UK has left the EU, it will need to navigate across multiple and often conflicting digital realms. The UK needs to decide which policy objectives it will prioritise, how to regulate the digital economy domestically, and how best to achieve its priorities when negotiating international trade agreements. There is an urgent need to develop a robust, evidence-based approach to the UK’s digital trade strategy that takes into account the perspectives of businesses, workers, and citizens, as well as the approaches of other countries in the global economy. This working paper aims to inform UK policy debates by assessing the state of play in digital trade globally. The authors present a detailed analysis of five policy areas that are central to discussions on digital trade for the UK: cross-border data flows and privacy; internet access and content regulation; intellectual property and innovation; e-commerce (including trade facilitation and consumer protection); and taxation (customs duties on e-commerce and digital services taxes). In each of these areas the authors compare and contrast the approaches taken by the US, EU and China, discuss the public policy implications, and examine the choices facing the UK.
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Colomb, Claire, and Tatiana Moreira de Souza. Regulating Short-Term Rentals: Platform-based property rentals in European cities: the policy debates. Property Research Trust, May 2021. http://dx.doi.org/10.52915/kkkd3578.

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Short-term rentals mediated by digital platforms have positive and negative impacts that are unevenly distributed among socio-economic groups and places. Detrimental impacts on the housing market and quality of life of long-term residents have been particular contentious in some cities. • In the 12 cities studied in the report (Amsterdam, Barcelona, Berlin, Brussels, Lisbon, London, Madrid, Milan, Paris, Prague, Rome and Vienna), city governments have responded differently to the growth of short-term rentals. • The emerging local regulations of short-term rentals take multiple forms and exhibit various degrees of stringency, ranging from rare cases of laissez-faire to a few cases of partial prohibition or strict quantitative control. Most city governments have sought to find a middle-ground approach that differentiates between the professional rental of whole units and the occasional rental of one’s home/ primary residence. • The regulation of short-term rentals is contentious and highly politicised. Six broad categories of interest groups and non-state actors actively participate in the debates with contrasting positions: advocates of the ‘sharing’ or ‘collaborative’ economy; corporate platforms; professional organisatons of short-term rental operators; new associations of hosts or ‘home-sharers’; the hotel and hospitality industry; and residents’ associations/citizens’ movements. • All city governments face difficulties in implementing and enforcing the regulations, due to a lack of sufficient resources and to the absence of accurate and comprehensive data on individual hosts. That data is held by corporate platforms, which have generally not accepted to release it (with a few exceptions) nor to monitor the content of their listings against local rules. • The relationships between platforms and city governments have oscillated between collaboration and conflict. Effective implementation is impossible without the cooperation of platforms. • In the context of the European Union, the debate has taken a supranational dimension, as two pieces of EU law frame the possibility — and acceptable forms — of regulation of online platforms and of short-term rentals in EU member states: the 2000 E-Commerce Directive and the 2006 Services Directive. • For regulation to be effective, the EU legal framework should be revised to ensure platform account- ability and data disclosure. This would allow city (and other ti ers of) governments to effectively enforce the regulations that they deem appropriate. • Besides, national and regional governments, who often control the legislative framework that defines particular types of short-term rentals, need to give local governments the necessary tools to be able to exercise their ‘right to regulate’ in the name of public interest objectives.
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Cachalia, Firoz, and Jonathan Klaaren. Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa: Towards a public law perspective on constitutional privacy in the era of digitalisation. Digital Pathways at Oxford, July 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/04.

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In this working paper, our focus is on the constitutional debates and case law regarding the right to privacy, adopting a method that is largely theoretical. In an accompanying separate working paper, A South African Public Law Perspective on Digitalisation in the Health Sector, we employ the analysis developed here and focus on the specific case of digital technologies in the health sector. The topic and task of these papers lie at the confluence of many areas of contemporary society. To demonstrate and apply the argument of this paper, it would be possible and valuable to extend its analysis into any of numerous spheres of social life, from energy to education to policing to child care. In our accompanying separate paper, we focus on only one policy domain – the health sector. Our aim is to demonstrate our argument about the significance of a public law perspective on the constitutional right to privacy in the age of digitalisation, and attend to several issues raised by digitalisation’s impact in the health sector. For the most part, we focus on technologies that have health benefits and privacy costs, but we also recognise that certain technologies have health costs and privacy benefits. We also briefly outline the recent establishment (and subsequent events) in South Africa of a contact tracing database responding to the COVID-19 pandemic – the COVID-19 Tracing Database – a development at the interface of the law enforcement and health sectors. Our main point in this accompanying paper is to demonstrate the value that a constitutional right to privacy can bring to the regulation of digital technologies in a variety of legal frameworks and technological settings – from public to private, and from the law of the constitution to the ‘law’ of computer coding.
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African Open Science Platform Part 1: Landscape Study. Academy of Science of South Africa (ASSAf), 2019. http://dx.doi.org/10.17159/assaf.2019/0047.

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This report maps the African landscape of Open Science – with a focus on Open Data as a sub-set of Open Science. Data to inform the landscape study were collected through a variety of methods, including surveys, desk research, engagement with a community of practice, networking with stakeholders, participation in conferences, case study presentations, and workshops hosted. Although the majority of African countries (35 of 54) demonstrates commitment to science through its investment in research and development (R&D), academies of science, ministries of science and technology, policies, recognition of research, and participation in the Science Granting Councils Initiative (SGCI), the following countries demonstrate the highest commitment and political willingness to invest in science: Botswana, Ethiopia, Kenya, Senegal, South Africa, Tanzania, and Uganda. In addition to existing policies in Science, Technology and Innovation (STI), the following countries have made progress towards Open Data policies: Botswana, Kenya, Madagascar, Mauritius, South Africa and Uganda. Only two African countries (Kenya and South Africa) at this stage contribute 0.8% of its GDP (Gross Domestic Product) to R&D (Research and Development), which is the closest to the AU’s (African Union’s) suggested 1%. Countries such as Lesotho and Madagascar ranked as 0%, while the R&D expenditure for 24 African countries is unknown. In addition to this, science globally has become fully dependent on stable ICT (Information and Communication Technologies) infrastructure, which includes connectivity/bandwidth, high performance computing facilities and data services. This is especially applicable since countries globally are finding themselves in the midst of the 4th Industrial Revolution (4IR), which is not only “about” data, but which “is” data. According to an article1 by Alan Marcus (2015) (Senior Director, Head of Information Technology and Telecommunications Industries, World Economic Forum), “At its core, data represents a post-industrial opportunity. Its uses have unprecedented complexity, velocity and global reach. As digital communications become ubiquitous, data will rule in a world where nearly everyone and everything is connected in real time. That will require a highly reliable, secure and available infrastructure at its core, and innovation at the edge.” Every industry is affected as part of this revolution – also science. An important component of the digital transformation is “trust” – people must be able to trust that governments and all other industries (including the science sector), adequately handle and protect their data. This requires accountability on a global level, and digital industries must embrace the change and go for a higher standard of protection. “This will reassure consumers and citizens, benefitting the whole digital economy”, says Marcus. A stable and secure information and communication technologies (ICT) infrastructure – currently provided by the National Research and Education Networks (NRENs) – is key to advance collaboration in science. The AfricaConnect2 project (AfricaConnect (2012–2014) and AfricaConnect2 (2016–2018)) through establishing connectivity between National Research and Education Networks (NRENs), is planning to roll out AfricaConnect3 by the end of 2019. The concern however is that selected African governments (with the exception of a few countries such as South Africa, Mozambique, Ethiopia and others) have low awareness of the impact the Internet has today on all societal levels, how much ICT (and the 4th Industrial Revolution) have affected research, and the added value an NREN can bring to higher education and research in addressing the respective needs, which is far more complex than simply providing connectivity. Apart from more commitment and investment in R&D, African governments – to become and remain part of the 4th Industrial Revolution – have no option other than to acknowledge and commit to the role NRENs play in advancing science towards addressing the SDG (Sustainable Development Goals). For successful collaboration and direction, it is fundamental that policies within one country are aligned with one another. Alignment on continental level is crucial for the future Pan-African African Open Science Platform to be successful. Both the HIPSSA ((Harmonization of ICT Policies in Sub-Saharan Africa)3 project and WATRA (the West Africa Telecommunications Regulators Assembly)4, have made progress towards the regulation of the telecom sector, and in particular of bottlenecks which curb the development of competition among ISPs. A study under HIPSSA identified potential bottlenecks in access at an affordable price to the international capacity of submarine cables and suggested means and tools used by regulators to remedy them. Work on the recommended measures and making them operational continues in collaboration with WATRA. In addition to sufficient bandwidth and connectivity, high-performance computing facilities and services in support of data sharing are also required. The South African National Integrated Cyberinfrastructure System5 (NICIS) has made great progress in planning and setting up a cyberinfrastructure ecosystem in support of collaborative science and data sharing. The regional Southern African Development Community6 (SADC) Cyber-infrastructure Framework provides a valuable roadmap towards high-speed Internet, developing human capacity and skills in ICT technologies, high- performance computing and more. The following countries have been identified as having high-performance computing facilities, some as a result of the Square Kilometre Array7 (SKA) partnership: Botswana, Ghana, Kenya, Madagascar, Mozambique, Mauritius, Namibia, South Africa, Tunisia, and Zambia. More and more NRENs – especially the Level 6 NRENs 8 (Algeria, Egypt, Kenya, South Africa, and recently Zambia) – are exploring offering additional services; also in support of data sharing and transfer. The following NRENs already allow for running data-intensive applications and sharing of high-end computing assets, bio-modelling and computation on high-performance/ supercomputers: KENET (Kenya), TENET (South Africa), RENU (Uganda), ZAMREN (Zambia), EUN (Egypt) and ARN (Algeria). Fifteen higher education training institutions from eight African countries (Botswana, Benin, Kenya, Nigeria, Rwanda, South Africa, Sudan, and Tanzania) have been identified as offering formal courses on data science. In addition to formal degrees, a number of international short courses have been developed and free international online courses are also available as an option to build capacity and integrate as part of curricula. The small number of higher education or research intensive institutions offering data science is however insufficient, and there is a desperate need for more training in data science. The CODATA-RDA Schools of Research Data Science aim at addressing the continental need for foundational data skills across all disciplines, along with training conducted by The Carpentries 9 programme (specifically Data Carpentry 10 ). Thus far, CODATA-RDA schools in collaboration with AOSP, integrating content from Data Carpentry, were presented in Rwanda (in 2018), and during17-29 June 2019, in Ethiopia. Awareness regarding Open Science (including Open Data) is evident through the 12 Open Science-related Open Access/Open Data/Open Science declarations and agreements endorsed or signed by African governments; 200 Open Access journals from Africa registered on the Directory of Open Access Journals (DOAJ); 174 Open Access institutional research repositories registered on openDOAR (Directory of Open Access Repositories); 33 Open Access/Open Science policies registered on ROARMAP (Registry of Open Access Repository Mandates and Policies); 24 data repositories registered with the Registry of Data Repositories (re3data.org) (although the pilot project identified 66 research data repositories); and one data repository assigned the CoreTrustSeal. Although this is a start, far more needs to be done to align African data curation and research practices with global standards. Funding to conduct research remains a challenge. African researchers mostly fund their own research, and there are little incentives for them to make their research and accompanying data sets openly accessible. Funding and peer recognition, along with an enabling research environment conducive for research, are regarded as major incentives. The landscape report concludes with a number of concerns towards sharing research data openly, as well as challenges in terms of Open Data policy, ICT infrastructure supportive of data sharing, capacity building, lack of skills, and the need for incentives. Although great progress has been made in terms of Open Science and Open Data practices, more awareness needs to be created and further advocacy efforts are required for buy-in from African governments. A federated African Open Science Platform (AOSP) will not only encourage more collaboration among researchers in addressing the SDGs, but it will also benefit the many stakeholders identified as part of the pilot phase. The time is now, for governments in Africa, to acknowledge the important role of science in general, but specifically Open Science and Open Data, through developing and aligning the relevant policies, investing in an ICT infrastructure conducive for data sharing through committing funding to making NRENs financially sustainable, incentivising open research practices by scientists, and creating opportunities for more scientists and stakeholders across all disciplines to be trained in data management.
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