ABSTRACT

Regulation plays a fundamental role in the platformization of the communications industries. Regulation has fragmented these industries in order to introduce competition in telecommunications and pluralism in media. Platforms have gone global coordinating the fragmented industries creating new network effects, without effective limits to concentration. Furthermore, net neutrality legislation has unbalanced the relationship between traditional carriers and platforms in favor of platforms. An unleveled playing field exists also in media, as traditional players faced strict liability as content editors, while digital platforms are exempted of liability. Things are changing, particularly in Europe. OTTs are increasingly subject to some of the regulatory obligations imposed on telecom carriers. User-generated content platforms are increasingly subject to some of the content obligations imposed ontraditional media companies. Regulation has to be designed specifically for the role of the platforms as content filters.