Table of Contents

Transnational Culture in the Internet Age

Transnational Culture in the Internet Age

Elgar Law, Technology and Society series

Edited by Sean A. Pager and Adam Candeub

The insightful contributions shed new light on insufficiently examined issues and highlight connections that cut across the many different domains in which such regulations operate. Building upon the framework presented by David Post – one of the first and most prominent scholars of cyber law and a contributor to this volume – the authors address the implications and economics of the Internet’s astronomical scale, jurisdiction and enforcement of the web as it relates to topics including libel tourism and threats to free speech, and the power of global communication to dissolve and recreate identities.

Chapter 9: Cultural Protectionism 2.0: Updating Cultural Policy Tools for the Digital Age

Mira Burri

Subjects: innovation and technology, technology and ict, law - academic, intellectual property law, international economic law, trade law, internet and technology law, politics and public policy, public policy


Mira Burri* 9.1 INTRODUCTION Cultural protectionism has been an element of national and foreign policies as an extension of state sovereignty1 and expressed in both defensive and offensive manners. While the generic protectionist formula in the sense of restraining trade between states through measures such as import tariffs or quotas, and through privileging domestic production, has somewhat disintegrated over time under the rationale for free trade and the strong practical evidence of its benefits, the particular case of cultural protectionism has persevered. Over the years, it has developed many and different expressions and has undergone an important ideological revamping, moving from “cultural exception” to “cultural diversity” policies. The enquiry into the cultural protectionism discourse is however not the core objective of this chapter. It only intends to set the scene for its certainly more ambitious goal of exploring cultural protectionism 2.0, that is, the normative dimensions of cultural diversity policies in the global digital space, asking what adjustments are needed and, in fact, how feasible the entire project of diversity regulation in this environment may be. The complexities of the shift from offline to online and from analogue to digital, and the inherent policy challenges, will be illustrated with some (positive and negative) instances of existing media initiatives. Taking into account the specificities of cyberspace and in a forward-looking manner, I propose some adjustments to current media policy practices in order to serve better the goal of sustainably diverse cultural environment. Thanks for invaluable guidance and feedback are owed to...

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