Year:    2022

Author:    Lachmann, Felix, Ernst, Christian

Die Verwaltung, Vol. 55 (2022), Iss. 4 : pp. 561–595

Abstract

Augmented Reality enables to enrich and overlap the perception of physical reality with virtual objects. Thereby the combination of a site-specific connection with physical reality and the immersive nature of Augmented Reality can lead to a qualitatively new appropriation of the public sphere. It appears likely that at least generally accessible Augmented Reality applications that take place in the public sphere reach the threshold for regulatory intervention. Such Augmented Reality applications can negatively impact the functions of the public sphere for democracy and fundamental rights. For further analysation of those negative impacts we introduce the terms of over- and under-multifunctionality. Using the term of under-multifunctionality we outline tendencies of fragmentation: Individuals can shape the public sphere at their own discretion, which can lead to its personalisation, subjectification and privatization. In that regard we raise the problem whether a common denominator is beeing eroded, although it is an absolute prerequisite for the functions of the public sphere. Using the term of under-multifunctionality we describe a development of the public sphere, which is characterized by a decreased variety of uses. This can be attributed to the terms of uses by the provider or psychological and technological reasons. The chance of perception, that individuals are offered by the public sphere, can be jeopardized by Augmented Reality, because it can lead to a confrontation-avoiding, depoliticized, consumption-oriented environment. In addition, the appropriation can occur through an undermining of the concept of equality. Due to the possibility of establishing the terms of use unilaterally the Augmented Reality provider can shape the public sphere and thereby move into a superordinate position. This can be intensified by lock-in and network effects. Finally, we examine whether the existing legal norms can appropriately address the specific challenges raised by Augmented Reality. It then becomes clear that the present administrative regulatory structure is based on a physical view and the question arises whether it should be complemented by a virtual one.