By Joan Barata
From Eric Heinze, Natalie Alkiviadou, Tom Herrenberg, Sejal Parmar and Ioanna Tourkochoriti (eds) The Oxford Handbook of Hate Speech, Oxford: Oxford University Press, 2024-25
Abstract
The contemporary challenges to freedom of expression are multifaceted and complex, with traditional regulatory frameworks being stretched by new dynamics in the digital realm. This paper explores the evolving interrelationship between free speech and hate speech, as well as the role of private digital actors in shaping speech policies. Historically, state institutions have regulated speech through laws addressing phenomena such as hate speech. However, the rise of powerful online platforms has led to a paradigm shift, where private companies now enforce their own content policies, often in response to both market pressures and regulatory requirements, such as the European Union’s Digital Services Act. These platforms, acting as gatekeepers of online communication, face the dual challenge of moderating harmful speech while preserving users’ rights to free expression. The chapter highlights the significant impact of content moderation, particularly concerning hate speech, noting that while platforms like YouTube or X (formerly Twitter) ban content that violates their terms, they are also navigating commercial and reputational constraints. The DSA aims to standardise platform accountability, enforcing rights for users and establishing systemic risk assessments. As the global regulatory landscape evolves, this chapter stresses the importance of transparent, rights-based governance to balance free speech with the mitigation of harmful speech, particularly in the digital sphere.
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Joan Barata is a Senior Legal Fellow for The Future of Free Speech. He works on freedom of expression, media regulation, and intermediary liability issues.
Natalie Alkiviadou is a Senior Research Fellow at The Future of Free Speech. Her research interests lie in the freedom of expression, the far-right, hate speech, hate crime, and non-discrimination.