Resumen de Taking global administrative law one step ahead: Online giants and the digital democratic sphere
Societal speech activities are increasingly conducted online, and therefore free speech concerns focus on the digital sphere. Major online service platforms operate speech-moderation practices that constrain digital speech. These platforms are run by a few multinational corporations—the so-called online giants. Online giants, in fact, control the backbone of democracies on a global scale. This article stresses a potential legal path to appropriately regulating digital speech, while preserving the free and thriving global digital culture. The argument introduced here is that the online giants should, to a certain extent, emulate global organizations, and since they control an essential public utility, they should operate under basic administrative legal norms that include accountability, transparency, giving reason, and objective review. To this end, the article inspects the global administrative law movement and proposes to extend its overarching conceptualization of global public procedural principles facilitating “good governance” to the online giants’ procedures, despite their private ownership.
