The troubled nexus of ICT and IP law reform - The regulation of content aggregation, freedom of expression and intellectual property rights

Jooste, Cobus

Abstract

The impact of social media as a tool for the protection of civil and political rights, particularly during periods of civil unrest, political turmoil or democratic dispute, is well established. In the African context, the role of technologically-aided, user-driven mass communication is of crucial importance in promoting the rule of law and safeguarding constitutional values. The convergence of social media and traditional news media, by means of user-specific content aggregation, has led to an increasingly engaged and informed populace. Similarly, the ease of access to information continues to drive a need for more, faster and carefully curated information. The resultant tension between purveyors of information and their subjects has led to a number of notable cases and attempts at regulation that expose the tension between freedom of expression and the enforcement of personal and property rights. As a result, legal developments in several African countries, including South Africa, are aimed at restricting the disruptive force of social media. At the same time, the economic value of digital content has given rise to several cases involving the restriction of disseminated content by means of intellectual property rights enforcement.

In this work, the ability of the courts to maintain an appropriate balance between proprietary and personal rights and the interests of government, on the one hand, and civil liberty in the form of freedom of expression, on the other hand, will be considered in light of selected judgements.

• Presentation Conference Type: Conference Paper (unpublished)
• Conference Name: Congress of the Association of IP and IT Law Teachers & Researchers
• Start Date: Jun 1, 2017
• End Date: Jun 1, 2017
• Deposit Date: Apr 3, 2023
• Publicly Available Date: Apr 20, 2023
• Keywords: intellectual property, information, communications technology, law, freedom of expresion
• Public URL: https://uwe-repository.worktribe.com/output/10607784