Lex Informatica and Freedom of Expression: Reflections on the Regulation of Internet Trolling Behaviors

This paper revisits the concepts of lex informatica (Reidenberg) and code is law (Lessig), both early theories related to how regulation of behaviors on the internet might be managed, By focusing on the context of internet trolling in the United Kingdom, we consider the nature of trolling, how it has manifested in the UK in terms of actual notable incidences, and reflect on whether the law of the state within the regulatory regimes envisioned by Reidenberg and Lessig are in fact the best fit for managing these behaviors. Abusive behavior online can have profound impacts on people, causing significant fear and leading to an impact on private and family life. In balancing the qualified nature of freedom of expression rights versus other human rights we consider whether the laws of peoples, the regulatory capabilities of social media companies, and the wider culture of digital society are best placed collectively to create respectful norms on the Internet