This article, published in 2020, critically evaluates some constitutional issues of social media influencers, primarily emphasizing the right to publicity and the constitutional protection guaranteed to commercial speech. The two authors, Apa and Pollicino, do their research using cases from US and European courts to establish how social media influencers distort traditional borders. Then, the article also uncovers how the World Wide Web transformed free speech exercise and legal defense. A central focus is on ad content disclosures of social media influencers. However, they provide the Italian case as an illustrative example from a constitutional point of view, thus not being indifferent to influencers’ issues under such a framework.
In currency terms, the 2020 publishing date places the article as fairly recent. However, the dynamics of social media are changing very rapidly, which is why we need to be cautious about our sources for the latest information. The relevance is easily seen in the deep analysis of the constitutional views of social media influencers. This offers insightful detail to the broader discussion of freedom of expression. The academic character of the article is obvious, for it focuses on the educational aspect through which the community can build their understanding regarding the constitutional implications of social media influencers.
With a more recent publication date of 2021, this article scrutinizes a pressing contemporary issue: e-speech and the effect that social media has on it. The article “Data, Platforms, and the Need to Regulate” by Sorabji talks about how the business model of certain platforms is based on profits from user data manipulation because of this. It unmistakably denies the existence of any media that presume to guarantee free speech since they happen to be harmful. Sorabji argues for introducing legislation and measures for the enforcement to do the homework on the misuse of free speech, as it suggests a flexible strategy, which involves at least teaching nine- to eleven-year-old kids about recognizing fake news and targeted news. This policy would also focus on making media channels aligned with the law (compliance).
A key aspect on the side of currency is the 2021 publication date, which makes this article more recent than Article 1, bringing a possibility of a more current view of challenges posed by social media on free speech. The highlight of this article is its analysis of the adverse effects of social media exploitation, with the approach containing legislation and a solution to the problems. The article exposes the academic goal as it attempts to give meaningful solutions to the issue affecting social media platforms and the truth of expression.
Both articles contribute significantly to the theme of social media and freedom of speech. Article 1 focuses on the constitutional intricacies surrounding social media influencers, presenting a nuanced perspective enriched by specific legal cases. Article 2, on the other hand, delves into the darker side of social media, proposing legislative solutions to mitigate its negative impact on free speech. Article 2’s recent publication date might provide a more current understanding of the challenges. However, the choice between the two depends on the specific emphasis of the research. A thorough examination of the author’s authority, the information’s accuracy, and the research question’s relevance are imperative in making an informed decision.
Both articles exhibit strengths and considerations. To ascertain their suitability for a research paper, further investigation into the authority of the authors is necessary. Depending on the specific focus of the research, one article may be more relevant than the other. A thorough examination of the full texts will provide a comprehensive understanding of the methodologies and accuracy of the information presented, allowing for an informed decision on their utility in a research paper on social media and freedom of speech.
Apa, E., & Pollicino, O. (2020). Free speech and the right of publicity on social media. The Regulation of Social Media Influencers. https://doi.org/10.4337/9781788978286.00010
Sorabji, R. (2021). Free speech on social media. Freedom of Speech and Expression, 108–176. https://doi.org/10.1093/oso/9780197532157.003.0003