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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| author | Willem Bantema |
| author_facet | Willem Bantema |
| author_sort | Willem Bantema |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-152b6c30b4e34d5e8cc9eec769e4e164 |
| institution | Kabale University |
| issn | 1871-515X |
| language | English |
| publishDate | 2024-12-01 |
| publisher | Utrecht University School of Law |
| record_format | Article |
| series | Utrecht Law Review |
| spelling | doaj-art-152b6c30b4e34d5e8cc9eec769e4e1642025-01-08T08:42:37ZengUtrecht University School of LawUtrecht Law Review1871-515X2024-12-012045–195–1910.36633/ulr.1010998Tackling Online Troublemakers Through an Experimental Administrative Law Approach: A Local Solution to a Global Problem?Willem Bantema0https://orcid.org/0000-0002-1221-2372Professor (lector) on Governance and Security in a Digitizing Society at NHL Stenden University of Applied SciencesSocial 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.https://account.utrechtlawreview.org/index.php/up-j-ulr/article/view/1010public orderadministrative lawlaw enforcementonlinesocial medialocal |
| spellingShingle | Willem Bantema Tackling Online Troublemakers Through an Experimental Administrative Law Approach: A Local Solution to a Global Problem? Utrecht Law Review public order administrative law law enforcement online social media local |
| title | Tackling Online Troublemakers Through an Experimental Administrative Law Approach: A Local Solution to a Global Problem? |
| title_full | Tackling Online Troublemakers Through an Experimental Administrative Law Approach: A Local Solution to a Global Problem? |
| title_fullStr | Tackling Online Troublemakers Through an Experimental Administrative Law Approach: A Local Solution to a Global Problem? |
| title_full_unstemmed | Tackling Online Troublemakers Through an Experimental Administrative Law Approach: A Local Solution to a Global Problem? |
| title_short | Tackling Online Troublemakers Through an Experimental Administrative Law Approach: A Local Solution to a Global Problem? |
| title_sort | tackling online troublemakers through an experimental administrative law approach a local solution to a global problem |
| topic | public order administrative law law enforcement online social media local |
| url | https://account.utrechtlawreview.org/index.php/up-j-ulr/article/view/1010 |
| work_keys_str_mv | AT willembantema tacklingonlinetroublemakersthroughanexperimentaladministrativelawapproachalocalsolutiontoaglobalproblem |