ABSTRACT
This chapter concerns itself with the terms of service of social media platforms. First, it surveys the rich literature on the matter: the empirical studies, voices from the contract law perspective, and contributions situating these documents in the broader context of platform power. Then, the chapter analyzes various functions that terms of service play in socioeconomic life. Further, while looking at the excerpts from the most popular social media terms, it scrutinizes what is and is not there. It discusses the roles of terms of service as documents containing rules for policing users’ behavior, together with their function of liability and regulation shields. The chapter also focuses on what terms of service do not contain, ie, descriptions of the product features or promises in that regard. Ultimately, the chapter is a research reference source and a plea for combining theory with empirical approaches.
Pałka, Przemysław, Terms of Service of Social Media Platforms (June 13, 2024) in Research Handbook on Social Media Law, T Hoffmeister and M Bromberg eds, Edward Elgar Publishing, forthcoming 2024/2025.
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