REGULATING THE INTERNET: SHOULD ENFORCEMENT DIFFICULTIES JUSTIFY A LAW-FREE ZONE?
Examining the roles of states and private platforms in internet governance
Introduction
A law-free zone is a space in which legal rules do not apply or cannot be effectively enforced. Given that the internet is a vast web of interconnected, but wholly separate things, it by nature is difficult to exercise control over, and therefore should be a law-free zone. However, it should not be assumed that being law-free means control-free; a lack of public sector control means that the private sector has a more important role in regulating the internet.
The internet is difficult for the law to control
The global and decentralised nature of the internet makes effective control difficult to achieve in practice. However, it could be argued that the legal sector already possesses sufficient powers to regulate online activity through legislation, policy, and public influence. For example, the under-16s social media ban in the UK successfully imposed midnight usage curfews which resulted in reduced anxiety amongst teens across schools nationally. While these mechanisms can be effective within national borders, regulations vary greatly between countries. This hinders uniform international enforcement, resulting in disparate levels of protection for teenagers worldwide. Especially threatening is the rapid pace of technological innovation which outstrips legislative reform. While the development of new technology is immediate, the legal process remains slow and bureaucratic. For instance, despite the rollout of ChatGPT by OpenAI in UK markets in 2022, Parliament has still yet to enforce legislative governing measures for it four years later. This demonstrates the time-lag between developments online and legal regulation, making proper control infeasible. The law is unable to respond to the rapidly emerging threats created every other week on the internet, of which artificial intelligence remains a key example. These practical difficulties illustrate the limitations of relying exclusively on public sector regulation.
Private sector control
Although the law cannot comprehensively regulate the internet, it is not a control-free space because the private sector exercises significant authority. Despite this, it could be argued that the private sector cannot achieve genuine control because companies only govern their platforms rather than the entire internet. This means that users navigate platforms where different rules apply, resulting in fragmented and eclectic regulation. Take ‘Meta’ and ‘X’, two widely popular social media applications. They present a shocking difference in guidelines, with Meta adopting stricter community standards; removing harmful content, hate speech, and misinformation (including on the COVID-19 pandemic in 2020). X, on the other hand, infamously embraces a less restrictive approach to content moderation. The consequence of this is that material removed from one platform can often remain accessible on another. Although true, this perspective fails to consider that the internet is experienced primarily through major platforms, including Meta, X, Google, and Facebook. These sites host billions of users everyday, meaning that their moderation policies ultimately shape the online experience for an overwhelming majority. Therefore, the private sector exerts significant practical control over the internet, even if it is not absolute. For example, the video networking service ‘TikTok’ regularly demonetises or removes videos or accounts that breach its policies, enforcing its regulations on its immense user base of 2 billion. It is clear then that the internet, even if not legally regulated, will always be under the control of the private sector. Rules and regulations are enforced that often mirror the moral norms we see elsewhere in the law anyway. Given this, the law is not required to exercise control in this space for it to continue to be safe and functional.
Conclusion
Overall, although the internet presents significant challenges for legal regulation due to its global, decentralised, and rapidly evolving nature, these difficulties do not justify treating it as a law-free zone. The law remains capable of regulating aspects of online activity, even if its effectiveness is hindered by the slow pace of legislative reform. At the same time, private companies exercise substantial practical control through community guidelines and content moderation, fostering safer spaces for users. Ultimately, the internet forms a space of fragmented regulation rather than legal absence. The challenge is therefore not whether the internet should be governed, but how the public and private sector can work together to ensure a safer space for all.
BIBLIOGRAPHY
Meta. “Facebook Community Standards | Transparency Center.” 2017.
Scanlon, Krystal. “ChatGPT Ads Land in U.K. As OpenAI Outlines EU Privacy Rules.” Digiday, 8 June 2026, https://digiday.com/marketing/chatgpt-ads-land-in-u-k-as-openai-outlines-eu-privacy-rules/. Accessed 22 July 2026.
Singh, Shubham. “How Many People Use TikTok (2024 Statistics).” 1 Jan. 2025.
X. “The X Rules: Safety, Privacy, Authenticity, and More.” 2024.