abusesaffiliationarrow-downarrow-leftarrow-rightarrow-upattack-typeburgerchevron-downchevron-leftchevron-rightchevron-upClock iconclosedeletedevelopment-povertydiscriminationdollardownloademailenvironmentexternal-linkfacebookfiltergenderglobegroupshealthC4067174-3DD9-4B9E-AD64-284FDAAE6338@1xinformation-outlineinformationinstagraminvestment-trade-globalisationissueslabourlanguagesShapeCombined Shapeline, chart, up, arrow, graphLinkedInlocationmap-pinminusnewsorganisationotheroverviewpluspreviewArtboard 185profilerefreshIconnewssearchsecurityPathStock downStock steadyStock uptagticktooltiptwitteruniversalityweb
Article

29 Mar 2018

Author:
Nick Wallace, EU Observer

Commentary: EU should not make platforms the judges of free speech

[A] recent threat by the European Commission to hold platforms responsible for their users' posts [c]ould [...] push... platforms to remove anything they are unsure about before any court has ruled it illegal...

On 1 March, the commission issued a recommendation [...] demanding that online platforms take "proactive measures" to remove all varieties of illegal content posted by users...

The commission threatened regulation if platforms do not comply.

But increasing platforms' liability would drastically alter the effects of the different national laws on free speech.

The threat of fines, combined with the grey areas inherent to laws limiting what people can say, would push platforms to remove content whenever in doubt, even where a court might let it remain online...

Naturally, platforms should comply with court orders and be punished when they do not, but to safeguard free speech, claims of hate speech, illegally "offensive" messages, or similar allegations should be judged in court on a case-by-case basis.

If the EU makes platforms liable for what their users post, then throughout Europe, the threat of fines will pressure platforms to delete all dubious content, [...] limiting opportunities to challenge allegations of hate speech, and stifling public debate.

Timeline

Privacy information

This site uses cookies and other web storage technologies. You can set your privacy choices below. Changes will take effect immediately.

For more information on our use of web storage, please refer to our Data Usage and Cookies Policy

Strictly necessary storage

ON
OFF

Necessary storage enables core site functionality. This site cannot function without it, so it can only be disabled by changing settings in your browser.

Analytics cookie

ON
OFF

When you access our website we use Google Analytics to collect information on your visit. Accepting this cookie will allow us to understand more details about your journey, and improve how we surface information. All analytics information is anonymous and we do not use it to identify you. Google provides a Google Analytics opt-out add on for all popular browsers.

Promotional cookies

ON
OFF

We share news and updates on business and human rights through third party platforms, including social media and search engines. These cookies help us to understand the performance of these promotions.

Your privacy choices for this site

This site uses cookies and other web storage technologies to enhance your experience beyond necessary core functionality.