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Workshop Governing or governed by online platforms? Interdisciplinary perspectives on Constitutionalism, the EU and Corporate Power.

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Governing or Governed by Digital Platforms? Interdisciplinary Perspectives on Constitutionalism, the EU, and Corporate Power

Digital platforms and content moderation raise complex political, legal, and empirical questions. These challenges arise from platforms' global reach and the intertwined relationship between state power and corporate power, where the latter profits from forms of information capitalism. Recently, the EU has adopted various regulations to mitigate the risks and harms associated with platforms and seeks to establish itself as a global standard-setting power in the digital domain. Through regulatory packages such as the Digital Services Act, AI Act, and Digital Markets Act, the EU aims to foster a human-centric, rights-driven, and trustworthy online environment.

However, these recent regulatory developments warrant critical examination. Combining conceptual work with case studies, this two-day workshop offers a legal and interdisciplinary investigation into the new set of obligations for digital media platforms, along with a critical evaluation of whether the EU’s approach aligns with democratic forms of governance. By deconstructing and challenging assumptions surrounding both EU law and platform regulation, this workshop seeks to advance the debate on the emerging regulatory order at the intersection of law, platform governance, and capitalism.

This workshop has been organised by Marta Maroni in collaboration with Mariëlle Wijermars.

Programme 16 January

12.00 - 12.30Welcome Lunch and introduction
Marta Maroni and Mariëlle Wijermars
12.30 - 14.00

Panel 1 - Theoretical approaches to digital constitutionalism and platform regulation
Chair: Mariëlle Wijermars, Maastricht University

  • The many shades of clouds: how law fails (us) in seeing power in the digital economy - Petros Terzis, University of Amsterdam
  • Sweeping power under the rug: technology neutrality and its consequences - Marco Almada, University of Luxembourg 
  • The idea of data and European constitutional imaginaries: An immanent critique of the data governance act - Marta Maroni, Maastricht University
14.00 - 14.30Coffee break
14.30 - 15.30 

Panel 2 - The EU regulatory approach to platform regulation
Chair: Marta Maroni, Maastricht University

  • Competition Concerns in AI Infrastructure - Kena Zheng, Maastricht University

  • The Conversational Nature of the DMA - Christina Teleki, Maastricht University (online)

     

15.30 - 15.50Short break
15.50 17.20

Panel 3 - EU content moderation 1
Chair: Marta Maroni, Maastricht University

  • Exploring the Role of the AI Act in the Multi-Actor Governance of Political Deepfake - Valentina Golunova, Maastricht University

  • Risky Business: A Critical Analysis of Systemic Risks in the Digital Services Act - Catalina Goanta and Jacob van de Kerkhof, Utrecht University

     

17.20 - 17.30Closing
18.30Dinner

Programme 17 January

10.00 - 11.30

Panel 4: EU content moderation 2
Chair: Marta Maroni, Maastricht University

  • Looking inwards: a reflection on the underlying concepts and legal tools deployed by the European legislator in regulating manipulative online practices
    - Silvia De Conca, Vrije Universiteit Amsterdam
  • Hi-Tech Toxicity: The dangers of unregulated AI characters on the EU market - Mindy Nunez Duffourc, Maastricht University
  • Protecting constitutional democracy by means of platform regulation: Brussels effect and Brazilian response - Guilherme Cintra Guimarães, Brazilian Office of the Attorney General of the Union
11.30 - 11.45Short break
11.45 - 12.45

Panel 5: Panel 5: Revisiting digital constitutionalism and platform governance
Chair: Mariëlle Wijermars, Maastricht University

  • Decolonizing the Internet: Mission Impossible? - Marianne Franklin, University of Groningen
  • Decentring platform power through independent supervisory bodies: national social media councils - Edoardo Celeste, Dublin City University
12.45 - 13.00Marta Maroni and Mariëlle Wijermars closing remarks 
13.00Lunch

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