UH Law Center Professor Guggenberger says new measures are needed to reign in power of social media giants

HOUSTON, Aug. 9, 2024 /PRNewswire/ -- A few companies have established a near-monopoly over the digital public sphere, leading to dysfunction on social media, according Nikolas Guggenberger, a University of Houston Law Center Assistant Professor.

"A tiny group of corporations governs online speech, causing systemic problems to public discourse and individual harm to stakeholders," said Guggenberger, who specializes in antitrust, technology, and regulation. "Market concentration creates monocultures for communication."

Guggenberger proposes possible solutions to address this issue in his legal article "Moderating Monopolies," which was published in the Berkeley Technology Law Journal recently. In the article, he outlines three remedies to reduce this market power: requiring platforms to open up to outside content, limiting exclusive control, and adopting no-fault liability in antitrust laws. These measures aim to encourage better content moderation and promote healthier public discourse. 

We have spent a lot of attention on the banning and deplatforming of certain individuals. The fundamental problem that remains is there are one to three entities that decide what we get to see online. That is so fundamentally different than anything in any other area of the speech-related economy," said Guggenberger.

He highlighted competition in other sectors of the media industry.

"We wouldn't accept a situation in which there are only two newspapers or only two TV channels. In these areas we've opted for pluralism, because we understand enormous concentrations of power over discourse are highly problematic."

In the article, Guggenberger also touched upon additional concerns raised by social media related to AI and mental health.

"Misinformation on social media has been a huge problem for years," he said. "This really gets supercharged with more powerful algorithms and specifically artificial intelligence. Other issues that are emerging are growing mental health concerns on social media. Various social media applications have certain repercussions for our mental health and social behavior. Young people and adolescents are especially prone to be exposed to those kinds of consequences."

University of Houston Law Center media contacts: Carrie Anna Criado, UH Law Center Assistant Dean of Communications and Marketing, 713-743-2184, [email protected]; Bonnie Buffaloe, Communications Manager, 713-743-9137, [email protected].

About the University of Houston Law Center

The University of Houston Law Center (UHLC) is a dynamic, top-tier law school located in the nation's 4th largest city. UHLC's Health Law, Intellectual Property Law, and Part-time programs rank in the U.S. News Top 10. It awards Doctor of Jurisprudence (J.D.) and Master of Laws (LL.M.) degrees, through its academic branch, the College of Law. The Law Center is more than just a law school. It is a powerful hub of intellectual activity with more than 12 centers and institutes that fuel its educational mission and national reputation. UHLC is fully accredited by the American Bar Association and is a member of the Association of American Law Schools.

About the University of Houston

The University of Houston is a Carnegie-designated Tier One public research university recognized with a Phi Beta Kappa chapter for excellence in undergraduate education. UH serves the globally competitive Houston and Gulf Coast Region by providing world-class faculty, experiential learning and strategic industry partnerships. Located in the nation's fourth-largest city and one of the most ethnically and culturally diverse regions in the country, UH is a federally designated Hispanic- and Asian-American-Serving institution with an enrollment of more than 47,000 students.

SOURCE University of Houston Law Center