Childhood in the digital age: a socio-cultural and legal analysis of the UK’s proposed virtual legal duty of care

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dc.cclicenceN/Aen
dc.contributor.authorNyamutata, Conrad
dc.date.acceptance2019-09-20
dc.date.accessioned2020-02-12T09:52:33Z
dc.date.available2020-02-12T09:52:33Z
dc.date.issued2019-12-19
dc.descriptionThe file attached to this record is the author's final peer reviewed version. The Publisher's final version can be found by following the DOI link.en
dc.description.abstractIn 2019, the UK government issued an ambitious White Paper as a precursor to the regulation of ‘online harms’. This article adopts a socio-cultural and legal approach to analysing the proposed law in the context of children. How childhood is conceptualized influences public policy and legal interventions, including on the digital space. This remains a contested terrain with different conclusions on the effects of the cyberspace. The biggest challenge with legal interventions on the digital realm is the need to achieve a balance between protection and participation rights of children. The dominant conception of childhood as a period of vulnerability has meant ‘protection’ often overrides participation rights. However, such focus is the subject of challenge, with some suggesting that regulation is the product of moral panic. A further strand is the potential of disproportionate punitive measures against Internet companies against the backdrop of human rights obligations. The UK proposition is discussed within these socio-cultural and legal contexts with the objective of highlighting challenges and legal pitfalls. This article argues that Internet governance ought to give serious consideration to the new sociology of childhooden
dc.funderNo external funderen
dc.identifier.citationNyamutata, C. (2019) Childhood in the digital age: a socio-cultural and legal analysis of the UK’s proposed virtual legal duty of care. International Journal of Law and Information Technology, 27(4), pp.311–338.en
dc.identifier.doihttps://doi.org/10.1093/ijlit/eaz010
dc.identifier.issn0967-0769
dc.identifier.urihttps://dora.dmu.ac.uk/handle/2086/19159
dc.language.isoenen
dc.peerreviewedYesen
dc.publisherOxford University Pressen
dc.researchinstituteCentre for Law, Justice and Societyen
dc.subjectWhite Paperen
dc.subjectduty of careen
dc.subjectregulationen
dc.subjectchildhooden
dc.subjectchildrenen
dc.subjectdigital spaceen
dc.titleChildhood in the digital age: a socio-cultural and legal analysis of the UK’s proposed virtual legal duty of careen
dc.typeArticleen

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