Ellen Wauters

Towards a better protection of social media users: a legal perspective on the terms of use of social networking sites

The ‘Terms of Use’ of Social Networking Sites (SNS) increasingly attract attention from policymakers and civil society. It is argued that these terms are rarely read by users and that, consequently, users cannot correctly assess their implications. This article attempts to evaluate the validity of SNS Terms of Use based on the requirements that are imposed in existing legal instruments. Firstly, we look at the phenomenon of standard contracts in the offline world. Secondly, we try to identify whether the SNS environment adds additional elements to the manner in which consumers approach standard Terms of Use. Thirdly, as a case study, we examine the Terms of Use of Facebook and assess whether the clauses could be found invalid on the basis of several law requirements. Finally, we try to put forward a number of remedies for the imbalance of the rights and responsibilities that can currently be found in SNS Terms of Use.

Empowering Children Through Labelling in Social Networks: Illusion or Solution?

In order to protect minors from the risks associated with exposure to content which is deemed unsuitable (e.g. sexually implicit images, violence, offensive language) and potentially harmful, many countries have adopted systems of labelling or content classification. The purpose is to provide parents and carers with reliable and useful information so that they can make informed and well-balanced decisions about which content is appropriate for their children. This chapter identifies a number of key issues related to the development of labelling systems for the online and social networking environment, such as the rationale behind labelling, the object of the labelling systems and the types of labelling that could be used. Focusing mainly on policy documents and proposals at the European level (European Union and Council of Europe), references are made to specific national systems to illustrate good practices or recently developed schemes.