‘Using Terms and Conditions to apply Fundamental Rights to Content Moderation’

“As the European Court of Human Rights (ECtHR) has emphasised, online platforms, such as Facebook, Twitter and YouTube, provide an ‘unprecedented’ means for exercising freedom of expression online. International human rights bodies have recognised the ‘enormous power’ platforms wield over participation in the online ‘democratic space’. However, it is increasingly clear that the systems operated by platforms, where (automated) content moderation decisions are taken based on a platform’s terms of service, are ‘fundamentally broken’. Content moderation systems have been said to ‘undermine freedom of expression’, especially where important public interest speech ends up being suppressed …” (more)

[Naomi Appelman, João Pedro Quintais and Ronan Fahy, Verfassungsblog, 1 September]

First posted 2021-09-02 08:00:37

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