Regulation of Internet Abstract The internet is today one of the most rapidly evolving technological tools at our disposal. What started out being used for research and academic purposes over four decades ago, has evolved into a behemoth virtual community that has been shaped by millions of role-players and users. What started out as a self-regulated platform is coming under serious scrutiny as more and more we are finding that the current regulatory framework has massive gaping holes and human rights breaches are happening by the thousands, on a daily basis, across various internet platforms. It seems it is only a matter of time before a serious human rights or data catastrophe is on our hands. Regulation created under the stress of trying to recover from a catastrophe would be strict and have excessively tight controls and result in the loss of many freedoms which the internet has afforded the world. It is in light of this that the topic of the regulation of the internet is explored through this thesis. The internet has grown and evolved exponentially, and it is time that regulation of this space catches up to this evolution and is able to effectively govern and regulate this vast and multidimensional layer. The aim of this diploma thesis was to understand the dynamic relationship between regulation and...

Cyberspace produces friction when the law is implemented by domestic courts using 'state-laws'. These laws are based on a ‘physical presence’ of an individual within the territory. It elevates conflicts relating to cyberspace jurisdiction. This research examines private international law complications associated with cyberspace. The paradigm of libel that takes place within the domain of social media is used to evaluate the utility of traditional laws. This research is conducted using ‘black-letter’ methodology, keeping in mind the changes constituted by the Defamation Act 2013. It pinpoints that the instantaneous nature of social media communication demands an unambiguous exercise of 'personal-jurisdiction', beyond the doctrine of territoriality. An innovation to the code of Civil Procedure is recommended to revise the process of service for non-EU defendants. The permission to serve a writ via social networks (or to the relevant Embassy of the defendant’s domicile state), can accelerate the traditional judicial process. This thesis can be utilised as a roadmap by libel victims for preliminary information. It contributes to the knowledge by discovering that the thresholds under Section 1 and Section 9 of the Defamation Act 2013 overlap with the conventional ‘forum-conveniens’ tests. This crossover is causing legal uncertainty in the application of existing rules to the digital libel proceedings. Section 1 and Section 9 thresholds do not fulfil the purpose of eliminating ‘libel-tourism’ and maintaining a balance between speech freedom and reputation rights. They raised the bar for potential victims and restricted their rights to justice. It is proposed that the traditional ‘conveniens test’ must be used for social media libel victims to produce legal certainty in cyberspace defamation.