Security News > 2021 > January > Internet regulation: Not a matter of freedom of speech, but freedom to conduct business

Since 1997, the Supreme Court has used the metaphor of the free market of ideas to define the internet, thus addressing the regulation of the net as a matter of freedom of speech.

Internet regulation should be framed not as a matter of freedom of speech, but as a matter of freedom to conduct a business, they argue.

"Since 1997", explains Professor Pollicino, "Every decision on the possible regulation of the internet in the US has referred to the First Amendment, which guarantees freedom of speech and is in fact superordinate to any other freedom".

The large platforms can no longer be considered actors like the others, competing on equal terms in a free market of ideas, and the American legal tradition, which enforces the freedom of speech only vertically should instead enforce it also horizontally, when one of the private actors holds an overwhelming power.

The right way forward, according to the authors, could be to frame internet regulation not as a matter of freedom of speech, but as a matter of freedom to conduct business.

"What platforms really want to avoid is to change their business model: content monitoring is expensive and could discourage some from using the platforms. But the freedom to conduct a business, however protected, is not superordinate to other rights in any system and should therefore be counterbalanced by the rights to privacy, security, reputation and protection of minors".

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