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Questions and Answers
What are the primary motivations for platforms to charge both membership and transaction fees?
Which factor significantly shapes the unique 'cyberspace' of each platform?
What do the discussions about the employment status of platform workers primarily reflect?
Under the Employment Act in Singapore, which of the following is explicitly excluded in the definition of employees?
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What implications arise from platforms due to the stringent checks in capital markets?
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What is a notable characteristic of new platforms compared to traditional laws?
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Why may platforms want to avoid targeting both sides of the market?
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In the Uber v Aslam case, what pressing issue was addressed regarding platform workers?
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What primarily necessitates statutory protection for workers in employment relationships?
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In the case Uber v Aslam, how were the terms for drivers presented?
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What defines the degree of control necessary to classify someone as a 'worker'?
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What was notable about the autonomy of the claimant drivers in Uber v Aslam?
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What would be the consequence of categorizing the relationship based solely on the written contract terms?
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What is a critical aspect of the subordination experienced by workers?
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What aspect of the Uber service agreement limits driver’s ability to understand their rights?
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What concept underlies the determination of whether workers are considered 'employees' or 'contractors'?
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What was the primary legal question regarding the drivers' employment status with Uber?
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Under what condition did the tribunal determine that the drivers were working under their contracts?
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What did Uber argue regarding its role in the contracting process with drivers?
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What did the court conclude regarding the nature of the relationships between Uber and the drivers?
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What is the primary purpose of the employment legislation referenced in the case?
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What argument did the court reject regarding the use of written contracts for defining 'workers'?
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What critical perspective regarding employment relationships did the court emphasize?
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What misconception about the employment status of drivers does the ruling challenge?
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What is the primary focus of the tripartite workgroup on representation for platform workers?
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Which of the following is NOT a recommended factor for determining 'management control' over platform workers?
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What is a significant challenge regarding the concept of control within tech platforms?
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Which of the following best characterizes the debate over platform workers' employment status?
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Why is understanding internet defamation law considered important in the context of platform liability?
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How should the technology's influence be approached in legal discussions surrounding platform workers?
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What does the term 'code is law' imply in the context of tech control?
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How might platforms escape accountability for user-created defamatory content?
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What was the outcome of the High Court of Australia (HCA) ruling in Fairfax v Voller and Ors?
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How did the HCA define 'publication' in the context of defamatory content?
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What was emphasized about the nature of participation in the process of publishing?
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What precedent did the HCA reference to illustrate the strictness of the common law rule regarding defamation?
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Which of the following statements accurately describes the responsibilities of Facebook page maintainers as determined by the HCA?
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What legal criterion applies to be classified as a publisher in defamation cases according to the HCA?
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According to the HCA's ruling, what happens when a comment is posted on a public Facebook page?
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What is one implication of the HCA's ruling for organizations that host user-generated content?
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Study Notes
Platforms
- Platforms have membership fees and transaction fees
- Platforms can leverage both sides of a market, but may not always want to
- Other regulations can apply to platforms:
- terms of entry and use
- social norms
- code architecture
- Platforms are unique cyberspaces, influenced by marketplaces, norms, code, and law
- Platforms reduce transaction costs and enable coordination between participants
- Examples of platforms: capital markets, universities, and Tinder
Employment Status of Platform Workers
- Employment law in the UK is different from Singapore's legislation
- The UK Employment Act excludes: mariners, police officers, some parliament, royal, and army staff
- Platform workers have been classified as employees in different jurisdictions
- Singapore law excludes: Domestic servants, stable or garden servants, motor car drivers, and persons in managerial or executive positions
- Subsidiary legislation defines "employees" in the context of state boards
Uber v Aslam (UK Supreme Court)
- Lord Leggatt argued that the employment tribunal was right to find that Uber drivers were "workers"
- The court examined the nature of the contracts between drivers and Uber to determine if the drivers were working for themselves or Uber
- Uber argued it was a mere agent facilitating contracts between its users and drivers.
Uber v Aslam - Power and Control
- The court found that Uber was, in fact, contracting with its drivers to perform services for its customers.
- The court recognized that Uber contracts were drafted by Uber and presented to drivers as non-negotiable
- The court emphasized the vulnerability of workers and argued that Uber could not dictate the terms of the contract to avoid statutory protection
Lessons for Law and Tech
- Employment status debates often mask larger debates about social power hierarchies
- Tech platforms exert control through code and data
- The concept of "control" is pivotal in determining employment status.
Singapore's Approach
- The Tripartite Workgroup on Representation for Platform Workers recommended that platform workers should not be classified as employees.
- The Workgroup recommended a management control test to determine when platform companies need to provide workers with basic protections.
- The management control test includes factors such as:
- algorithmic matching of demand and supply of services
- price and remuneration control
- control over performance of work.
- work injury compensation similar to that provided to employees.
- This approach will likely involve further legal arguments.
Online Defamation
- Platform companies may be liable for defamation
- Defamation often takes place online, due to user-generated content
- Platforms are cyberspaces with codes that shape behavior
Fairfax v Voller and Ors (2021 HCA)
- Fairfax, owner of Sky News, was found liable for defamation because it actively encouraged comments on its Facebook page.
- The High Court of Australia argued that intentionally participating in, and providing a platform, for the dissemination of defamatory content constitutes publication.
- Fairfax was found to engage in intentional participation by actively maintaining its page, encouraging comments, and benefiting commercially from the page.
- The court emphasized that participation in a process directed at making information available for comprehension by a third party is intentional.
Fairfax v Voller and Ors (2021 HCA)
- Despite the strictness of the common law rule, even minimal intentional participation in a process that facilitates the dissemination of defamatory content can result in a finding of "publication."
- The court concluded that each platform's users are publishers of content when that content becomes available for comprehension by other users, even if the platform company is not aware of the specific content.
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Description
Explore the intricacies of platform economics and the employment status of platform workers across different jurisdictions. This quiz highlights key regulations, market influences, and employment classifications in countries like the UK and Singapore. Test your understanding of how platforms function and their legal implications for workers.