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Article

30 May 2018

Author:
Richard Wingfield, Global Partners Digital

Response to David Kaye's report on platform content regulation

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[T]he UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression [has] published his latest report to the UN Human Rights Council: “A Human Rights Approach to Platform Content Regulation”. This report (to which Global Partners Digital contributed a submission), addresses the regulation of user-generated content online... While much of the report reiterates existing international human rights standards relating to the right to freedom of expression, it marks the first time a UN mechanism has examined their specific application to online content and the moderation processes of platforms.

... [Welcome aspects include]... the clear assertion that states must ensure that the legal and policy framework ensures an enabling environment for freedom of expression online;... the report calls for online platforms to use international human rights law and standards as the basis for developing and implementing their content standards;... [and] the report’s call for greater means for users to appeal and obtain remedies for wrongful decisions, as well as public accountability...  David Kaye’s report provides an important input into the ongoing debate relating to freedom of expression online... By clearly setting out how international human rights standards apply to freedom of expression online, and the roles and responsibilities of both states and platforms, the report moves the debate forward and provides clear markers by which the actions of these actors can be assessed.