Regulating behaviour on data platforms: the online restraining order as an administrative sanction

Publikation: Bidrag til tidsskriftTidsskriftartikelForskningfagfællebedømt

Standard

Regulating behaviour on data platforms: the online restraining order as an administrative sanction. / van der Donk, Berdien B E.

I: European Review of Digital Administration Law, 2023.

Publikation: Bidrag til tidsskriftTidsskriftartikelForskningfagfællebedømt

Harvard

van der Donk, BBE 2023, 'Regulating behaviour on data platforms: the online restraining order as an administrative sanction', European Review of Digital Administration Law.

APA

van der Donk, B. B. E. (2023). Regulating behaviour on data platforms: the online restraining order as an administrative sanction. Manuskript afsendt til publicering.

Vancouver

van der Donk BBE. Regulating behaviour on data platforms: the online restraining order as an administrative sanction. European Review of Digital Administration Law. 2023.

Author

van der Donk, Berdien B E. / Regulating behaviour on data platforms: the online restraining order as an administrative sanction. I: European Review of Digital Administration Law. 2023.

Bibtex

@article{93cd960ce82444778d861a6079abaf9e,
title = "Regulating behaviour on data platforms: the online restraining order as an administrative sanction",
abstract = "Social media platforms assert great influence over data. The personal data of their users is used to fund the service through the sale of personalized advertisements. Though, more important for society, these platforms exert great power over the dissemination of available information. Social media platforms are increasingly used to communicate with other (likeminded) people. It is a platform where information and opinions are shared. In that sense, platforms form not only the guardians of users{\textquoteright} personal data, but they are also the gatekeepers of public information.The access to social media platforms is traditionally governed by the platforms themselves. Platforms can dictate who gets access, which content can be shared, and what the grounds are for a (temporary) expulsion of the platform. Despite the discussion on whether social media platforms should be regulated as public utilities, or whether the operators must obey norms of fundamental rights as de facto public spheres, the direct influence of states on access to social media platforms has been limited. Recently, a (political) discussion has arisen in the Netherlands as to what extent administrative bodies should be able to impose administrative sanctions in online spaces. In the Netherlands, the access to physical places can be limited by administrative sanctions imposed by a municipality{\textquoteright}s mayor. Could a mayor similarly impose an online restraining order, limiting a person{\textquoteright}s access to a social media platform? This article discusses online restraining orders as an administrative sanction. After a short introduction to the Dutch online restraining order, the article firstly discusses the traditional private governance framework to access a social media platform. In this first part, the normative online order set by platforms through their terms of service is discussed. After this contextualisation, the legal grounds to impose administrative sanctions under Dutch law are described, followed by a discussion on the online applicability of these competences, and a discussion on the transposability of physical legislation to online spaces. Lastly, the article concludes with a reflection on the future of online restraining orders.",
author = "{van der Donk}, {Berdien B E}",
year = "2023",
language = "English",
journal = "European Review of Digital Administration Law",
issn = "2724-5969",

}

RIS

TY - JOUR

T1 - Regulating behaviour on data platforms: the online restraining order as an administrative sanction

AU - van der Donk, Berdien B E

PY - 2023

Y1 - 2023

N2 - Social media platforms assert great influence over data. The personal data of their users is used to fund the service through the sale of personalized advertisements. Though, more important for society, these platforms exert great power over the dissemination of available information. Social media platforms are increasingly used to communicate with other (likeminded) people. It is a platform where information and opinions are shared. In that sense, platforms form not only the guardians of users’ personal data, but they are also the gatekeepers of public information.The access to social media platforms is traditionally governed by the platforms themselves. Platforms can dictate who gets access, which content can be shared, and what the grounds are for a (temporary) expulsion of the platform. Despite the discussion on whether social media platforms should be regulated as public utilities, or whether the operators must obey norms of fundamental rights as de facto public spheres, the direct influence of states on access to social media platforms has been limited. Recently, a (political) discussion has arisen in the Netherlands as to what extent administrative bodies should be able to impose administrative sanctions in online spaces. In the Netherlands, the access to physical places can be limited by administrative sanctions imposed by a municipality’s mayor. Could a mayor similarly impose an online restraining order, limiting a person’s access to a social media platform? This article discusses online restraining orders as an administrative sanction. After a short introduction to the Dutch online restraining order, the article firstly discusses the traditional private governance framework to access a social media platform. In this first part, the normative online order set by platforms through their terms of service is discussed. After this contextualisation, the legal grounds to impose administrative sanctions under Dutch law are described, followed by a discussion on the online applicability of these competences, and a discussion on the transposability of physical legislation to online spaces. Lastly, the article concludes with a reflection on the future of online restraining orders.

AB - Social media platforms assert great influence over data. The personal data of their users is used to fund the service through the sale of personalized advertisements. Though, more important for society, these platforms exert great power over the dissemination of available information. Social media platforms are increasingly used to communicate with other (likeminded) people. It is a platform where information and opinions are shared. In that sense, platforms form not only the guardians of users’ personal data, but they are also the gatekeepers of public information.The access to social media platforms is traditionally governed by the platforms themselves. Platforms can dictate who gets access, which content can be shared, and what the grounds are for a (temporary) expulsion of the platform. Despite the discussion on whether social media platforms should be regulated as public utilities, or whether the operators must obey norms of fundamental rights as de facto public spheres, the direct influence of states on access to social media platforms has been limited. Recently, a (political) discussion has arisen in the Netherlands as to what extent administrative bodies should be able to impose administrative sanctions in online spaces. In the Netherlands, the access to physical places can be limited by administrative sanctions imposed by a municipality’s mayor. Could a mayor similarly impose an online restraining order, limiting a person’s access to a social media platform? This article discusses online restraining orders as an administrative sanction. After a short introduction to the Dutch online restraining order, the article firstly discusses the traditional private governance framework to access a social media platform. In this first part, the normative online order set by platforms through their terms of service is discussed. After this contextualisation, the legal grounds to impose administrative sanctions under Dutch law are described, followed by a discussion on the online applicability of these competences, and a discussion on the transposability of physical legislation to online spaces. Lastly, the article concludes with a reflection on the future of online restraining orders.

M3 - Journal article

JO - European Review of Digital Administration Law

JF - European Review of Digital Administration Law

SN - 2724-5969

ER -

ID: 325716990