ABSTRACT
Here, we ask: can private law help us combat trolling, cyberbullying, and online abuse? Should policymakers consider more seriously the right of individuals to pursue the protection of their sense of dignity, rather than focus entirely on the effectiveness of regulators, criminal prosecutors, or social media platforms to protect individuals? Further, is the potential abuse of civil litigation via so called, strategic litigation against public participation enough justification to curtail access to civil remedies? And if we are to use, civil remedies are they sufficiently calibrated to deal with harmful speech acts while ensuring robust protection for free speech today?
Bogle, Stephen, A Right to Redress: Private Law and Harmful Speech Acts in the Digital Era (December 10, 2025).
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