Tackling Online Troublemakers Through an Experimental Administrative Law Approach: A Local Solution to a Global Problem?
Social media are playing a larger role in affecting public order. This study examines the legal powers and limitations of Dutch mayors under the Municipalities Act in regulating online disturbances. While traditional powers are confined to physical public spaces, the pervasive role of digital platfo...
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| Format: | Article |
| Language: | English |
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Utrecht University School of Law
2024-12-01
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| Series: | Utrecht Law Review |
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| Online Access: | https://account.utrechtlawreview.org/index.php/up-j-ulr/article/view/1010 |
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| Summary: | Social media are playing a larger role in affecting public order. This study examines the legal powers and limitations of Dutch mayors under the Municipalities Act in regulating online disturbances. While traditional powers are confined to physical public spaces, the pervasive role of digital platforms in organising and escalating public disturbances demands an evaluation of existing legal frameworks. Recent incidents in the Netherlands, such as the curfew riots and unauthorised social media gatherings, highlight the urgent need for adaptive legal tools that address the blurred boundaries between physical and virtual public domains. This paper, drawing on empirical research and legal analyses conducted between 2018 and 2023, examines the potential for extending mayoral powers to the digital realm. While the study acknowledges significant legal and ethical challenges, including issues of jurisdiction, freedom of expression and enforcement feasibility, it argues for a nuanced approach to bring online behaviour within the scope of local administrative law to pre-emptively mitigate public order disruptions. |
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| ISSN: | 1871-515X |