Book Review: Constitutionalising Social Media

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Constitutionalising Social Media. Edited by Edoardo Celeste, Amélie Heldt & Clara Iglesias Keller. New York: Bloomsbury, 2022. 352 p. Includes bibliographic references and index. ISBN 9781509953707 (hardcover) $175.50; ISBN 9781509953745 (softcover) $86.50; ISBN 9781509953714 (ePUB) $77.85; ISBN 9781509953721 (PDF) $77.85.

Reviewed by Kyla McCallum
Student Librarian
University of British Columbia

Constitutionalising Social Media is an anthology of essays on fundamental rights in the era of social media platforms. It comprises four parts and includes an extensive index, making it an invaluable resource for expert readers seeking specific information. CALL/ACBD members concerned about the “quasi-sovereign authority” (p. 6) granted to large social media companies and digital platforms like Meta (whose assets include Facebook) will find this volume especially engaging. For those unfamiliar with the concept of constitutionalising, the introductory chapter provides a thorough definition of the process of translating fundamental rights to the social media sphere, setting the stage for the research that follows.

Part 1, Social Media as a Modern Public Square, offers an accessible overview for those new to the study of modern communication, information dissemination, and political engagement in the digital age. In the opening essay by Tetyana Lokot, key concepts such as “networked publics,” “affordances,” and “digital citizenship” are clearly defined, ensuring that readers are well equipped to navigate the diverse perspectives presented in the following chapters. This section lays the groundwork for understanding how social media platforms have become constitutionally relevant as “powerful instruments for exercising fundamental rights” (p. 5). The authors also advocate for “regime-agnostic” (p. 23) regulation that would protect citizens’ agency online, thereby enabling them to influence complex power dynamics through platform-facilitated political advocacy.

Part 2, Fundamental Rights and Platforms’ Governance, outlines deficiencies in state law and the failure of private platforms to adequately protect users’ constitutionally guaranteed rights. As technological behemoths acquire sovereignty by designing and implementing politically influential “private structures” (p. 82), they are increasingly able to elude nation-state power. In the essay “Structural Power as a Critical Element of Social Media Platforms’ Private Sovereignty,” Luca Belli argues that the “delegation of regulatory functions to private intermediaries” was an intentional choice for efficiency’s sake, but that “ultimate oversight” must be public if we are to ensure that “fundamental rights, due process, and the rule of law are respected” (p. 88). The next essay, “No Place for Women: Gaps and Challenges in Promoting Equality on Social Media,” highlights the shortcomings of social media regulation by examining gender-based online harassment. While networked feminism has the potential to “support material equality” (p. 102), the social media space can also exacerbate misogyny through a reciprocal dynamic wherein technology both shapes, and is shaped by, misogynistic attitudes.

Part 3, States and Social Media Regulation, delves into the state’s interaction with digital platforms through various case studies, including China’s extensive surveillance of online activity and Israel’s practice of “voluntary enforcement” (p.187) for content removal. This section offers a nuanced view of how governments try to regulate or control online spaces, shedding light on different national approaches to digital governance.

The book concludes with Part 4, Constitutionalising Social Media, which explores potential solutions to the complex relationship between public oversight and private platform governance. In the essay “Content Moderation by Social Media Platforms: The Importance of Judicial Review,” Amélie P. Heldt argues for the crucial role of judicial review, asserting that court decisions can safeguard human rights and “serve as the mouthpiece of minorities whose voices are completely left out of platform regulation” (p. 265). In their discussion of content moderation, the authors of “Digital Constitutionalism: In Search of a Content Governance Standard” explore the concept of legal pluralism, where the absence of a single, unified standard for human rights enables companies to create their own rules. They also examine the efforts of civil society groups to develop “rights and principles for the digital age” (p. 268), which could help shape the governance frameworks of private platforms.

Constitutionalising Social Media is a valuable contribution to the scholarship on fundamental rights in our increasingly networked world. This book is part of a rapidly growing research field, as demonstrated by the establishment of the Digital Constitutionalism Network in 2019 and recent related publications. Readers familiar with Digital and Social Media Regulation: A Comparative Perspective of the US and Europe (Palgrave Macmillan, 2021) will appreciate this collection’s inclusion of cases from beyond the Western context. Additionally, those who enjoyed Social Media, Fundamental Rights and Courts: A European Perspective (Routledge, 2023) will find this current text to be complementary, particularly in its examination of relevant legislation. Constitutionalising Social Media is also accessible to a broader audience, and CALL/ACBD members who may not have an extensive background in social media or its regulation are encouraged to pick it up.