Abstract
This paper critically assesses the European approach to regulating online hate speech through platform liability frameworks, focusing on Germany’s Network Enforcement Act (NetzDG) and the European Union’s Digital Services Act. It argues that these laws, while aiming to curb online harm, risk infringing on the right to freedom of expression and non-discrimination by delegating content moderation powers to private, profit-driven companies. The paper highlights how tight removal deadlines, legal ambiguity, and reliance on Artificial Intelligence contribute to over-censorship, particularly of lawful but controversial speech. It also examines the unintended consequences of the current regulatory approach in Europe, including the creation of echo chambers and the potential contribution to social unrest. In addition to platform liability legislation, jurisprudence from the European Court of Human Rights also reveals the worrying trend of assigning speech moderation duties to private entities. Ultimately, the paper advocates for the endorsement of Article 20(2) of the International Covenant on Civil and Political Rights, and its accompanying Rabat Plan of Action, as a global benchmark for social media platforms by which to address online hate speech. This rights-respecting framework offers a high threshold for restrictions, ensuring that efforts to counter hate do not undermine democratic values or fundamental freedoms.
CELE Research Paper No. 69
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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.