"Freedom of Speech and Big Tech Regulation: Responsive Theory Perspectives".
Liberalism; responsive regulation; technology; freedom of speech; “Big Techs”
A massive influence on Law, the Responsive Regulation Theory was consolidated by the well-known book “Responsive Regulation – Transcending the Deregulation Debate”, by Professors Ian Ayres and John Braithwaite.
The book aimed the creation of a hybrid model, which included persuasive measures as well as punitive ones, ending the old controversy about regulate or deregulate.
Years after its original publication, the once young technology market now presents giant corporations with impressive profits. Such circumstances are not unknown to Law, specially concerning freedom of speech right. Should this issue be subjected to state regulation, or would that be an indirect attempt of censorship?
The first objective of this paper is to demonstrate that “Big Techs” must be regulated, regarded that damages caused by the unfair exercise of freedom of speech right are substantially harmful to be ignored.
Secondly, we believe the most adequate model is the responsive one, because its flexibility suits better the specific characteristics of the market.