07 November 2022
The EU’s new Digital Services Act and the Rest of the World
The European Union’s Digital Services Act (DSA) is a major milestone in the history of platform regulation. Other governments are now asking themselves what the DSA’s passage means for them. The DSA is a far better law than most that have been proposed in other parts of the world. I have encouraged U.S. lawmakers to emulate it in many respects. But lawmakers around the world should view it as a starting point, rather than an end point, in considering potential regulations in their own countries. T Continue reading >>
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07 November 2022
If You Build It, They Will Come
Content moderation is not only an Internet governance problem; it is also, unavoidably, a form of de facto adjudication. When observed in detail, the “procedure before substance” approach of the DSA leaves many questions unanswered. The final text of the Regulation contains compromises and blind spots. Continue reading >>
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03 November 2022
Remedying Overremoval
The DSA provides a whole set of notice and action mechanisms to address online harms. The codified mechanisms, together with detailed procedures, are foreseen for content that is illegal but also for content incompatible with platforms’ terms and conditions. But the DSA has also another goal, to ensure that the new rules respect fundamental human rights. While definitely a good step towards more effective protection of users’ rights, the true effect of the provided remedies will depend on their practical implementation. Some elements of the new regime may be a bold experiment the result of which is not fully predictable. Continue reading >>
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03 November 2022
Contextualisation over Replication
The EU is notorious for using regulatory solutions like the DSA to dominate and pre-empt global digital standards. Often, the major conversations on the international impacts of EU laws have oscillated between capture and actually providing normative leadership on thorny aspects of digital regulation. African countries should develop their own content regulation rules by paying more attention to their contexts and consider aspects of the DSA only where they will improve such local rules. Continue reading >>
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10 March 2022
Big Tech War Activism
The war in Ukraine is live. It’s not only live on CNN or Al Jazeera but it’s live on different social media platforms, for better and worse. In this context, Big Tech platforms are not neutral. Rather, along with their users, they are giving rise to a new wave of tech war activism, siding with Ukraine. While many of these initiatives may be well intended, this new form of tech activism raises questions about the role of social media in times of war. Continue reading >>08 February 2022
Die Moderation von extremistischen Inhalten ist fehleranfällig und verursacht reale Schäden
Maßnahmen, die die Möglichkeiten terroristischer Gruppen, sich zu organisieren, zu rekrutieren und aufzuwiegeln einschränken sollen, wurden in den letzten Jahren ausgeweitet und führen häufig dazu, dass nicht nur extremistische Äußerungen, sondern auch Menschenrechtsdokumente, Gegenrede und Kunst gelöscht werden. In allen Bereichen der Moderation kommt es zu Fehlern, unabhängig davon, ob die Moderation von Menschen, künstlicher Intelligenz oder einer Kombination aus beidem durchgeführt werden. Continue reading >>
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08 February 2022
The moderation of extremist content is prone to error, causing real-world harm
Policies intended to limit the ability of terrorist groups to organize, recruit, and incite — as well as for individuals to praise such groups — have been expanded in recent years via content moderation efforts online, and often result in the erasure of not only extremist expression, but human rights documentation, counterspeech, and art. Continue reading >>
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28 September 2021
Facebook suspends accounts of German Covid-19-deniers
On 16 September 2021, Facebook suspended more than 150 “Pages and Groups operated by individuals associated with the Querdenken movement in Germany” because of “coordinated social harm”. These accounts were, undoubtedly, spreading misinformation about the Covid-19-pandemic, denying the existence of the virus and encouraging other users to resist the government. However, this type of removal has no legal basis other than Facebook’s Community Standards. Hence, this constitutes a great example of how we (still) apply double standards in content moderation and that, from a legal perspective, we need to think beyond traditional categories and expand the horizontal effect doctrine, but not solely to the advantage of the users affected by the removal. Continue reading >>
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07 June 2021
Fighting Platforms and the People, not the Pandemic
To control social media-driven criticism against its handling of the COVID-19 crisis, the Indian government, led by Prime Minister Narendra Modi, can now take advantage of new powers via the Information Technology Rules 2021. These Rules empower the Modi government to counter disinformation, whose definition seems to have been stretched to include content that portrays the government negatively. How Big Tech platforms react will have a domino effect on users’ freedom of expression and right to privacy across the world. Continue reading >>
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01 June 2021
India’s New Intermediary Guidelines
On 26 May, the Indian Intermediaries Guidelines and Digital Media Ethics Code 2021 (IT Rules) took effect. These new rules vest more power over speech online with the executive, who may misuse these powers to quell dissent. Continue reading >>
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