WHEN THE US Supreme Court agreed to hear Gonzalez v. Google, its first case involving Section 230 of the Communications Decency Act, the tech-policy world was laser-focused on its implications. The week before oral arguments, in February last year, the Brookings Institution held a panel touting the case’s “power to reshape the internet.” The New York Times wrote that the case “could have […]
“These concerns imply that social media is a lawless mayhem when it comes to hate speech. But this characterization is wrong. Most platforms have strict rules prohibiting hate speech, which have expanded significantly over the past several years. Many of these policies go far beyond both what’s required and permissible under international human rights law […]
“The Digital Services Act can out of good intentions have bad consequences around the world” – Jacob Mchangama in The Debate on FRANCE 24 Watch the full debate here.
By Jeff Kosseff Since the dawn of the commercial internet, Americans have spoken and accessed information online without providing their names. Political dissidents freely express their views. Patients search for health information without fearing public embarrassment. Domestic violence victims seek help online, shielding their communications from their abusers. State and federal lawmakers threaten to upend that culture of anonymity. And […]
BY JACOB MCHANGAMA AND JEFF KOSSEFF According to a new landmark decision by the European Court of Human Rights (ECHR), freedom of expression does not immunize public officials from criminal liability if they fail to promptly remove manifestly illegal content (such as “hate speech”) posted on their accounts by followers. The recent decision reveals the censorial route that Europe’s judiciary […]
Joan Barata is a Senior Fellow at Justitia’s Future Free Speech project, and is also a Fellow of the Program on Platform Regulation at the Stanford Cyber Policy Center. Introduction Brazil’s President, Luiz Inácio Lula da Silva, has referred a proposed law to the Congress. Colloquially referred to as the “Fake News Bill,” the draft […]
The Future of Free Speechs Natalie Alkiviadou in Opinio Juris The case of Sanchez v France is seen as a worrying development in the context of freedom of expression, as it involves the criminal conviction of an individual for failing to delete comments made by others on his Facebook post that incited hatred or violence […]
By Jacob Mchangama For many Americans, social media has become a monster. Platforms like Twitter, Facebook and YouTube are seen as festering hotbeds of hate and misinformation that threaten the very foundations of American democracy and civility. Calls for regulation have intensified, with some prominent voices looking across the pond for a model to regulate […]