For the last few days, I’ve been posting about how the application of media law to the public might be a bad thing. It’s just occurred to me that one might rightly ask, “why?”
The answer is because the public needs to be given a chance to accept these laws before they can gain any legitimacy. I’ve been doing a good amount of reading lately about laws, norms, and legitimacy and a common theme is that the norms underlying a law needs to be understood and accepted for a law to be truly valid. One way this might happen is through deliberation about the law and its impact within some form of the public sphere. Gaining acceptance for the law through talk is essential because it allows for the opportunity for reflection on the law and for changes to be made. This is why public education about these laws, or blind enforcement (coercion), may not socially be the wisest choice. Without legitimacy, a law is just an imposed rule begging to be broken.