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2023, EAE
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301 pages
1 file
Two Climates of Change in Human Thought – Litigating Human Rights in Natural and Informational Ecosystems, 2023
This thesis examines the potential application of successful climate change litigation principles to the litigation of human rights infringements caused by platforms in informational ecosystems. It compares the characteristics of environmental pollution with data pollution. It explores how the harms caused by content moderation practices in informational ecosystems can infringe on the right to freedom of expression and other fundamental rights. The analysis delves into the implications of the proposed Digital Services Act (DSA) on content moderation practices and highlights potential risks and opportunities for human rights. We identify five core principles derived from climate change litigation that could inform litigation efforts in informational ecosystems. These five principles consist of attribution and causation, defining harms, jurisdictional aspects, the precautionary principle, and intergenerational impacts. We will argue that these principles can be transposed to address group and societal harms caused by content moderation practices. This research stresses the significance of attribution science in climate change litigation and the need for a similar approach in addressing harms in informational ecosystems. It emphasises the importance of recognising public harms caused by disinformation and the importance of protecting pluralism in information ecosystems. The thesis highlights the need for global scope and jurisdiction considerations, the application of the precautionary principle in content moderation, and the intergenerational impacts of both climate change and content moderation practices. We discuss the potential positive and negative effects of the DSA on human rights, including the impact of upstream content moderation practices. The DSA requires platforms to make public disclosures on these moderation policies and practices which will enhance transparency and accountability. We also suggest avenues for future research, including studying the harms caused by data pollution and their impact on individual and group fundamental rights. It recommends exploring the role of large institutional investors in raising awareness of human rights aspects in informational ecosystems and investigating the organisation and impact of data pollution activists. Additionally, the responsible governance of AI, the influence of digital platform concentration on the market of ideas, corporate digital responsibility, and safeguarding innovation in ecosystems are identified as areas requiring further attention. In conclusion, this thesis argues that principles derived from climate change litigation can inform litigation efforts in addressing human rights infringements caused by content moderation practices in informational ecosystems. It underscores the need for interdisciplinary approaches, more explicit definitions of public harms, and the consideration of global jurisdiction and inter and intra-generational impacts. The potential risks and opportunities presented by the DSA are explored, with suggestions for improvements to enhance transparency, accountability, and the protection of human rights in the digital age.
ਸਾਡਾ ਵਿਰਸਾ ਸਾਡਾ ਗੌਰਵ, ਗੁਰੂ ਗੋਬਿੰਦ ਸਿੰਘ ਸਟਡੀ ਸਰਕਲ, ਲੁਧਿਆਣਾ., 2020
Encyclopedia of Quality of Life and Well-Being Research, 2014
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