Glossary of Platform Law and Policy Terms

Notice-and-Takedown

Authors: Luã Fergus and Laila Lorenzon Notice-and-takedown is a process to deal with potential infringing content based on the practice of sending an extrajudicial notification to the content provider and the immediate removal of the allegedly infringing content by the provider, without the need for a prior court order or the possibility of counter-notification, before… Continue reading Notice-and-Takedown

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Notice-and-notice

Nicolo Zingales Notice-and-notice is a process to deal with potential infringing content, a regime that became more widely known after being established in Canada’s Copyright Act. It is an alternative to the notice-and-takedown model that works as follows: after a decision by the platform to remove content through private notification, the user is given the… Continue reading Notice-and-notice

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Notice

Authors: Luã Fergus and Laila Lorenzon Notice is a term that refers to the disclosure to a particular stakeholder of a relevant fact or situation. To be deemed a valid notice, such disclosure should contain a sufficient level of detail for the recipient to understand that information revealed and investigate the facts or situation. There… Continue reading Notice

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Non-discrimination

Author: Richard Wingfield The term ‘non-discrimination’ has a very specific definition and understanding under international law (and international human rights law specifically), however, it is also used in a different sense in the context of online platforms. This entry first looks at the agreed international definitions of the term, as found in relevant legal instruments,… Continue reading Non-discrimination

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Must-carry

Authors: Luã Fergus and Laila Lorenzon Must-carry legislation is one of the instruments used in the regulation of cable TV to promote diversity and ensure the broadcast of channels that would not normally be included in the operators’ bundle (Perry, n.d.). The must-carry rules appeared in 1965, in the face of the expansion of the… Continue reading Must-carry

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Moderation

Author: Giovanni de Gregorio Content moderation can be described as the result of editorial decisions made by the subject who governs the space where information is published. Moderation has also been defined as “the governance mechanisms that structure participation in a community to facilitate cooperation and prevent abuse” (Grimmelman, 2015). Content moderation is not a… Continue reading Moderation

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Microtargeting

Author: Paddy Leerssen Targeting is a practice whereby online content, typically advertising content, is distributed towards particular audiences based on their personal data. In the words of William Gorton, microtargeting involves “creating finely honed messages targeted at narrow categories of voters’ based on data analysis ‘garnered from individuals’ demographic characteristics and consumer and lifestyle” (Gorton,… Continue reading Microtargeting

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Media Pluralism

Author: Michael J. Oghia At its core, media pluralism refers to the diversity of media sources and opinions available to any given audience. More specifically, Reporters Without Borders (2016) stresses that media pluralism can either refer to a plurality of voices, of analyses, of expressed opinions and issues (internal pluralism), or a plurality of media… Continue reading Media Pluralism

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Marketplace

Author: Enguerrand Marrique A marketplace is a web-based service enabling the sale of goods or the provision of services by third-party vendors. While the marketplace operator can also provide goods (of which it has full ownership) or services (through its own employees), this activity amounts merely to at distance/online sales. The marketplace operators process themselves… Continue reading Marketplace

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Liability

Author: Nicolo Zingales See also intermediary liability. Liability refers to a legally enforceable responsibility for a harmful event. Liability can be civil or criminal, which are fundamentally different concepts in their origin and nature: the former implies a responsibility from a financial perspective, which can be explicitly foreseen by a statute but also be the result… Continue reading Liability

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