Cullen International’s latest survey of media regulation in the Americas takes a leap into the online economy with two new benchmarks, addressing regulation of targeted advertising and social media regulation, respectively.

These new benchmarks look at how the legal and regulatory frameworks of eight countries in the Americas region address these major, new media sectors. Both are products of the digital era.

Targeted or personalised advertising relies on data collected from a consumer's online activities.

This form of advertising must strike a delicate balance between privacy and personalisation. Regulatory developments reflect the need to resolve several pressing issues in this regard, including:

• privacy concerns, since this technology relies on collecting vast amounts of personal data;
• transparency, as many consumers are unaware of the extent to which their personal data is being tracked and shared with advertisers;
• data security risks arising from the collection and storage of large collections of personal data; and 
• potential for discrimination or manipulation due to the use of sensitive personal data

Meanwhile, the new benchmark on social media regulation provides an overview of:
 

• social media regulations, including taxation regimes (in place or proposed) and any provisions to compensate authors for the publication of online news content;
• illegal or restricted content and enforcement mechanisms; and
• liability exceptions (i.e. safe harbours) from these restrictions, along with their scopes and conditions.

None of the eight countries surveyed in the region has a comprehensive, unified social media regulation regime, or a government agency to oversee social media. However, authorities in these countries are not standing idly by as social media grows in influence and economic strength: Half of them tax digital services in one form or another, including social media platforms. And almost all of them have in place some type of ban against objectionable content online.

But there may be broad changes ahead in two countries in particular: Canada's Parliament is deliberating online harms legislation that would result in government-mandated online moderation standards for social media. And Brazil's legislature is also considering creating a Brazilian Internet Steering Committee that would have some authority to oversee the social media sector in general.

For more information and access to the benchmark, please click on “Access the full content” - or on “Request Access”, in case you are not subscribed to our Americas Media service.