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Research Handbook on Social Media and the Law

Edited by: Thaddeus Hoffmeister, Marilyn Bromberg

ISBN13: 9781035309481
To be Published: June 2025
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £180.00



This Research Handbook critically examines the complex relationship between social media and the law. Expert scholars and practitioners analyze key issues through both practical and theoretical lenses, highlighting opportunities for advancing legal scholarship in the field.

Featuring perspectives from Asia, Australia, Europe and North America, chapters address the impact of social media in a wide range of global settings. Contributing authors discuss important legal topics including offensive online speech, regulating platforms and intellectual property rights, drawing on relevant court cases and decisions. They shed light on the challenges presented by social media in the courtroom and at the workplace, evaluating possible solutions and underscoring the need for the jury system to adapt to ongoing change. The Research Handbook concludes by considering the future of social media and the law, exploring the emerging potential of the metaverse and suggesting innovative alternatives to traditional research methods.

Students and scholars of law and society, information and media law, and regulation and governance will benefit from the insights in this incisive Research Handbook. It is also an invaluable resource for legal practitioners seeking to understand developments in social media law across the globe.

Subjects:
Law and Society, IT, Internet and Artificial Intelligence Law
Contents:
Introduction to the Research Handbook on Social Media 1
Marilyn Bromberg and Thaddeus Hoffmeister

PART I OFFENSIVE SPEECH ON SOCIAL MEDIA
1. Defamation and social media law 8
Lisa Ward and Julia Day
2. Navigating online hate speech: a study from the New Zealand context 38
Rachel Sue Yin Tan
3. Counterman v. Colorado: the law of social media threats 57
Jeremy Harris Lipschultz
4. Regulating expressions on social media: communication offences – an English and Welsh law perspective 71
Laura Higson-Bliss and Adam Pendlebury

PART II REGULATION OF SOCIAL MEDIA PLATFORMS
5. Section 230 and social media immunity 94
Gregory M. Dickinson
6. Internal governance of social media platforms 112
Kevin Frazier
7. Terms of service of social media platforms 166
Przemysław Pałka
8. Transparency requirements and the marketplace of ideas 184
Jared Schroeder and Evan Sparks Ringel
9. Social media and intellectual property rights 202
Enrico Bonadio and Akshita Rohatgi

PART III SOCIAL MEDIA IN COURT AND AT THE WORKPLACE
10. ‘Suspicious minds’: the challenge of social media’s pre-trial publicity 225
Nicholas Cardaci and Marilyn Bromberg
11. Social media and employment law 253
Justin Pen and Emily Aitken

PART IV THE METAVERSE AND FUTURE RESEARCH
12. Social media through the metaverse lenses: a legal review 274
Jon M. Garon
13. Empirical research on social media for legal scholarship: opportunities and challenges from experience with data protection law research 297
Ana-Maria Hriscu