Sanctions on platforms: a test case for balancing legal and social norms in individualized decisions
(2019) 2019 Internet Governance Forum — Location: Berlin (25.November.2019)
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- Abstract
- So far scholarship has been opposing state law versus platforms’ norms and platforms’ economic power versus users’ individual rights. This contribution undertakes to examine a third way to coordinate legal and social norms. It may open the door to a balanced development of the platform economy in the long term, with a genuine concern for the well-being and fulfilment of platforms’ users. This third way builds on the collective dimension of interactions on platforms, understood as transnational hybrids operating through various kinds of soft and hard power, especially sanctions. To develop this third way, this paper first locates sanctions within the conceptual framework of transnational hybrid governance, before looking at the legal techniques providing ways to exercise control on sanctions. It then revisits proportionality, a traditional principle underpinning the balancing of rights and freedoms as well as the imposition of sanctions. In order to go beyond the limits of the proportionality principle, this paper then suggests a toolkit of methods that keep the focus on the proper articulation of legal and social norms when it comes to solve conflicting rights and freedoms. Section VI concludes on further research avenues and practical implementation of these methods.
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Marique, E., & Marique, Y. (2019). Sanctions on platforms: a test case for balancing legal and social norms in individualized decisions. 2019 Internet Governance Forum, Berlin. https://hdl.handle.net/2078.5/120438