Controlling the New Media: Hybrid Responses to New Forms of Power

26 Pages Posted: 19 Mar 2003

See all articles by A.D. Murray

A.D. Murray

London School of Economics - Law Department

Colin Scott

University College Dublin (UCD)

Abstract

The development of new media industries, stimulated by the technology of digitalisation, has thrown up an important literature on mechanisms for regulation and control. In this article we elaborate on and develop Lawrence Lessig's "modalities of regulation" analysis. As we reconceive them the four basic control forms are premised upon hierarchy, competition, community and design and can be deployed in fifteen pure and hybrid forms. This analysis is enriched through elaborating on the essential elements of control systems (standard-setting, monitoring and behaviour modification) to demonstrate the importance and variety of hybrid forms that real-world control systems take in the new media domains. Although the article does not provide any universal prescriptions as to which control forms are likely to be most appropriate in particular domains, it does provide a richer analytical base both for understanding existing control mechanisms and the potential for using greater variety. The development of regulatory regimes which are both legitimate and effective in any given domain is likely to require sensitivity to the particular context and culture of both the domain and the jurisdiction within which it is located.

Suggested Citation

Murray, Andrew D. and Scott, Colin David, Controlling the New Media: Hybrid Responses to New Forms of Power. Modern Law Review, Vol. 65, pp. 491-516, 2002. Available at SSRN: https://ssrn.com/abstract=317844

Andrew D. Murray (Contact Author)

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom
020 7849 4645 (Phone)
020 7955 7366 (Fax)

HOME PAGE: http://www.itlaw.org.uk/

Colin David Scott

University College Dublin (UCD) ( email )

Belfield
Dublin 4
Ireland

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