デジタルメディア環境の立憲化

抄録

 This article focuses on the Digital Services Act (DSA), which is part of the “Digital Constitution” and is closely related to freedom of expression and democracy, especially on the Internet, as a way to constitutionalize the digital media environment, and which has set a direction for a governance model for Digital Platforms.
 Then, this article introduces a critique of the individual rights-based approach partially adopted by the DSA and recommended by digital constitutionalists, pointing out that it has “blind spots” for the governance of Digital Platforms. And, this article introduces several approaches that focus on the “separation of power” as an alternative constitutional governance model, in light of the limitations inherent in these rights-based approaches. Finally, digital constitutionalism, positioned as a “translation” of modern constitutionalism into the digital space, is not necessarily limited to the individual rights-based approach but has the potential a concept to lead digital policy, more boldly encompassing methods of realizing constitutional values.