Tue | Jan 22, 2019

Regulation of content in the digital space

Published:Monday | February 5, 2018 | 12:00 AM
A man photographs the LG G Flex 2 during a media preview before CES International on January 4, 2015, in Las Vegas. The phone has a curved screen, as the name implies.

When Cordel Green, executive director of the Broadcasting Commission, speaks at the inaugural Caribbean advertising and marketing law seminar seminar on Thursday, March 1 at the Jamaica Pegasus hotel in New Kingston, he will update his audience on the current digital economy and emerging issues for future regulation of content and broadcasting across networks, platforms and devices.

According to Green, there is a global shift from infrastructure to content, while the boundaries between conventional and informal channels are being eroded. "The question now is, what constitutes media?" he asked.

In citing such on-line ethical issues as commodification of personal information and digital manipulation, he asks whether there now remains a basis for distinguishing between traditional media and digital platforms, particularly as streaming is a primary method of content delivery.

Then there are public health issues such as Internet addiction disorder and what is to become of the victims, he said.

Green is among a number of local and international experts slated to make presentations at the seminar hosted by Foga Daley law firm, in association with the Global Advertising Lawyers Alliance (GALA), under the theme '21st Century Legal Challenges for Advertising and Marketing in the Caribbean: the impact of Intellectual Property Rights, Social Media & Privacy'.

Other presenters will include Jeffrey A. Greenbaum, a leading advertising lawyer in the United States and chairman of GALA, a network of international independent law firms.

According to Greenbaum, as social media becomes more important to advertisers, it has come under the scrutiny of regulators and self-regulatory organisations.

"The US Federal Trade Commission has made social media a top priority by instituting wide-ranging investigations into the use of influencers, the impact of native advertising and the effectiveness of online disclosures. And we expect to see further enforcement in this area," he said.




Former Prime Minister P.J. Patterson will be the keynote speaker at the luncheon, while other presenters throughout the day will include David Miller, executive director of the Fair Trading Commission; Arnold 'JJ' Foote, president, Caribbean Advertising Federation; and Wahkeen Murray, chief technical director, ICT, Ministry of Science, Energy and Technology.

Dianne Daley McClure, intellectual property partner at Foga Daley, said the seminar was timely as social media and the internet are increasingly creating unprecedented challenges to businesses, especially in the fields of advertising and marketing.

"A single advertisement in traditional media can give rise to several legal conflicts over trademarks, data protection, copyright clearance and consumer protection, not to mention a marketing campaign involving digital media," she said.

"In fact, advertising laws and regulations throughout the world have been adapting in order to keep pace with the innovative ways in which businesses engage with consumers in the digital space. Therefore, managers, marketing and communication professionals, as well as legal advisers must be equipped to navigate the minefield of potential pitfalls," Daley added.