David Allen Green

A critical and liberal look at law and policy

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How to think about social media

Why social media is part of the solution not part of the problem.

How should the use of social media be conceptualized? And how should it be regulated? Can it be regulated? One approach, which seems to be current with policy-makers and has been raised at the Leveson inquiry, is to suggest that social media is just an adjunct of the traditional mainstream media. On this view, blogging and the use of platforms such as Twitter and Facebook are entirely capable of directed regulation; the only question is how it is done.

However, such thinking may well be misconceived. It is looking at a new phenomenon and straining it to fit into categories which may no longer be valid. Although one can always over-state the novelty of any development and exaggerate its potential impact, there is a better way of thinking about social media than seeing it as just something shiny and new to regulate. It may not even be capable of specific regulation in any meaningful way.

Social media is about citizens connecting with each other instantly and casually using the internet. It does not matter where one is physically located. There is no need for elaborate telephone and video conferences. No special subscription or permission is required. As long as one has access to the internet then, in principle, there can be immediate contact and the sharing of useful or interesting information.

Most of these online discussions will be trivial in terms of politics and media issues. But social media provides the means by which clusters of like-minded individuals can easily swap ideas and scrutinise data on public matters. In this way, social media users can hold politicians and media outlets to account in a manner not possible -- or conceivable -- until a few years ago. Instead of a politician saying something forgotten the day after, or a reporter's bylined piece being in next day's fish-and-chip paper, those involved in social media can pore over details and make connections weeks and months later. Transgressions can be linked to and accumulated. A speech or a byline can now come back and haunt you long after you have "moved on".

As long as there are those willing to promote such accountability then politicians and media professionals can now be subjected to on-going and sometimes intense examination. The effect of this may be to make those with political and media power more responsible; it will certainly mean that it is more straight-forward and more likely that individuals can be called out for any wrong-doing. On this basis it is not those in power who will be regulating social media, but social media regulating those in power.

Once social media is understood as an advanced form of active citizenship then it can become part of the solution to the problem of abuses of political and media power; not part of the problem to be addressed by regulation. Regardless of the self-serving caricatures promoted by some in the media, the record of bloggers and tweeters compares rather well to tabloid excesses. In the medium- to longer- term, it is clear that those in mainstream media who work with social media will tend to produce better output.

Regulation is just not about formal "black-letter codes" with sanctions and enforcement agencies. Regulation also means simply that things are done better than they otherwise would be: for example, when one "regulates one's own conduct". Bloggers and others in social media are willing and able to call out media excesses and bad journalism. The reaction is immediate and can be brutally frank. They are sometimes wrong, as are formal regulators. But they can take time and allow the media to produce better, more well-informed stories.

The formal regulation of social media may be futile -- anyone can publish to the internet if they want to. The individuals are rightly subject to the law of the land in doing so. It is difficult to see how there could be any formal regulation of social media which would have any significant bite against a determined wrong-doer. One may as well seek to regulate everyday talk with a Conversation Regulatory Authority. But encouraging the mainstream media to constructively engage with social media users is perhaps one good route to better standards of content.

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog

9 comments

Antonio Lorusso's picture

While I agree that a lot of social media are "conversations", they are are recorded conversations that are much less ephemeral than the voice conversations we have.

This is why politicians are going to try to legally regulate this. Also, because they can't help themselves, as As David says, it's something shiny and new, and because doing nothing is a rusty old tool lying at the bottom of the politician's toolbox, buried under a multi-part socket set of "counter-productive overreaction to appease a pressure group."

earlydawn's picture

For me, the killer question isn't "social media" as such, it's "what" social media? What the internet has done which few other new technologies have done is to strip the power away from the monopolists (radio is the only easy comparison I can think of.)
And that's where the regulation question gets into deep waters.
Sure you can regulate something like Facebook because it has an actual presence - even shareholders. But what happens when the data doesn't flow through easily controllable servers? The powers-that-be don't seem to have learned from the bittorrent lesson - that shutting down Napster created something far more subversive. And the mistake made by taking down MegaUpload may well turn out to be similar: I don't think the lesson will be for people to only trust the "cloud" when operated by Google or Amazon, it may be that they shouldn't trust it at all. That if all their data can be monitored because it is flowing through regulated servers, then they may choose to go elsewhere or create their own systems (cf. pirate radio.)

Anon's picture

good stuff

Reginald-Fah-fah's picture

I am a Tory, and find social media a marvellous tool. Working class people think we are all fox hunting whisky drinking gentlemen with animal heads on our estates. This is true but social media has helped get the Tory way of life accross!!!

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