"This edition of the Special Collection on the Case Law of Freedom of Expression: Case law on content moderation and freedom of expression is an update of the 2023 Special Collection on content moderation and freedom of expression. It includes cases that have been added to the database in the period
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from July 2023 to August 2024. These new cases include jurisprudence from Brazil, regional European courts, Germany, Japan, India, Italy, the Netherlands, and the United States of America. The cases show a variety of court decisions on content moderation in different parts of the world. In particular, many new decisions about the moderation of (health) misinformation were added to the database. Thus, a new section dedicated to claims requesting the reinstatement of content or accounts, that were removed for allegedly violating misinformation policies, was added (Section II.1.c). Certainly, content moderation reflects current tensions in society. For example, most of the misinformation cases that deal with the falsehood of objective information concern health information during the COVID-19 pandemic. Cases about wrong—and often defamatory—information about individuals are not classified as “misinformation” cases for the purposes of this paper. They are part of a more general section about the removal or reinstatement of content, considering they are at the core of what content moderation has been dealing with for decades. While the law of many jurisdictions around the world penalizes defamation to some (strongly varying) degree, the issue of whether “merely” objectively wrong information should be unlawful is more contested. Thus, the balancing exercises of courts around the world—when dealing with private content moderation decisions in this realm—provide valuable insights." (Introduction)
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"Hate is widespread online, hits everyone, and carries negative consequences. Crowd moderation—user-assisted moderation through, e. g., reporting or counter-speech—is heralded as a potential remedy. We explore this potential by linking insights on online bystander interventions to the analogy of
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crowd moderation as a (lost) public good. We argue that the distribution of costs and benefits of engaging in crowd moderation forecasts a collective action problem. If the individual crowd member has limited incentive to react when witnessing hate, crowd moderation is unlikely to manifest. We explore this argument empirically, investigatingseveral preregistered hypotheses about the distribution of individual-level costs and benefits of response options to online hate using a large, nationally representative survey of Danish social mediausers (N = 24,996). In line with expectations, we find that bystander reactions, especially costly reactions, are rare. Furthermore, we find a positive correlation between exposure to online hate and withdrawal motivations, and a negative (n-shaped) correlation with bystander reactions." (Abstract)
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"Online labour markets (OLMs) are a vital source of income for globally diverse and dispersed freelancers. Despite their promise of neutrality, OLMs are known to perpetuate hiring discrimination, vested in how OLMs are designed and what kinds of interactions they enable between freelancers and hirer
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s. In this study, we go beyond understanding mechanisms of hiring discrimination in OLMs, to identifying platform design features that can minimise hiring discrimination. To do so, we draw on a methodology guided by the design justice ethos. Drawing on a survey on UK-based freelancers and interviews with a purposefully drawn sub-sample, we collaboratively identify five platform design interventions to minimise hiring discrimination in OLMs: community composition, identity-signalling flairs, text only reviews, union membership, and an antidiscrimination prompt. The core of our study is an innovative experiment conducted on a purpose-built, mock OLM, Mock-Freelancer.com. On this mock OLM, we experimentally test mechanisms of discrimination, including how these mechanisms fare under the five altered platform design interventions through a discrete-choice experiment. We find that both community and flairs were important in encouraging the hiring of women and non-White freelancers. We also establish that anonymity universally disadvantages freelancers. We conclude with recommendations to design OLMs that minimise labour market discrimination." (Abstract)
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"Content moderation algorithms influence how users understand and engage with social media platforms. However, when identifying hate speech, these automated systems often contain biases that can silence or further harm marginalized users. Recently, scholars have offered both restorative and transfor
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mative justice frameworks as alternative approaches to platform governance to mitigate harms caused to marginalized users. As a complement to these recent calls, in this essay, I take up the concept of reparation as one substantive approach social media platforms can use alongside and within these justice frameworks to take actionable steps toward addressing, undoing and proactively preventing the harm caused by algorithmic content moderation. Specifically, I draw on established legal and legislative reparations frameworks to suggest how social media platforms can reconceptualize algorithmic content moderation in ways that decrease harm to marginalized users when identifying hate speech. I argue that the concept of reparations can reorient how researchers and corporate social media platforms approach content moderation, away from capitalist impulses and efficiency and toward a framework that prioritizes creating an environment where individuals from marginalized communities feel safe, protected and empowered." (Abstract)
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"Governments have updated penal codes and national security laws, enacted fake news and cybersecurity laws as well as laws that govern internet service providers and technology companies. These laws have widely been used to block and remove online content that call out blind spots in government poli
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cies and to intimidate and prosecute these content creators through hefty fines and jail time. Efforts to hold political office holders and government officials accountable for their policies are increasingly penalised. These government actions have significantly impacted civil society actors in numerous ways. First, individuals and organisations utilising the online sphere to hold government officials and policies accountable have come under intense scrutiny, resulting in the criminalisation of critics and the blocking and removal of online content deemed sensitive by state authorities. Second, the effectiveness of civil society in holding governments accountable is compromised, as state authorities routinely direct internet service providers and technology companies to block or remove online content considered sensitive or illegal. Consequently, individuals and organisations increasingly find their digital content at risk of being blocked or removed, succumbing to government directives to internet service providers and technology companies. This diminishes civil society’s calls for accountability. Third, on several instances, governments have imposed internet shutdowns - particularly during elections and politically sensitive periods - to disrupt the information flow. Ultimately, this has limited civil society’s ability to send and receive communications effectively to mobilise people to hold governments publicly accountable during politically important instances. Fourth, troll ng has surfaced as a mainstream strategy to harass and intimidate individuals and organisations who seek to hold governments accountable. Typically orchestrated by organised groups or cybertroopers, these digital attacks increasingly involve online hate speech directed at women who call out blindspots in government policies. Fifth, the ways of working of INGOs and CSOs have changed, leading many organisations to restrict the scope and assertiveness of their communications to shield themselves from government retribution and trolling. Some entities have opted to remove the visibility of their organisations, incorporating measures such as disallowing the use of their logos or the publishing of videos, photos and text by local partners in order to distance themselves from particular activities and contents of knowledge products. Given these developments, the principal recommendation is that key stakeholders, including international organisations, governments, ISPs and technology companies, and civil society actors, should recognise that criticism of government policies and officials is a legitimate activity and a vital form of expression for civil society. Hence, any measures, whether legal or non-legal, that interfere with or criminalise this legitimate activity should be rescinded or disallowed. Instead, measures should be put in place to ensure that civil society is empowered to call out the blind spots in government policies." (Executive summary)
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"This paper examines the counter-violent extremism and anti-terrorism measures in Australia, China, France, the United Kingdom and the United States by investigating how governments leveraged internet intermediaries as their surrogate censors. Particular attention is paid to how political rhetoric l
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ed to legislation passed or proposed in each of the countries studied, and their respective restrictive measures are compared against the recommendations specified by the United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression. A typology for international comparison is proposed, which provides further insights into a country’s policy focus." (Abstract)
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"In November 2023, DW Akademie brought together journalists, civil society organizations, digital rights experts, and media influencers for a consultation workshop in Kampala, Uganda. In the two-day event, hosted by Media Challenge Initiative (MCI), the diverse group collaboratively developed recomm
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endations on how to promote constructive public dialogue on social media, in Uganda. In this publication, you will find these developed recommendations aimed at social media platforms, private actors, and governments (Part 1), and media organizations, journalists, tech and innovation hubs, civil society organizations, and media development organizations (Part 2).
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"In many countries, censorship, blocking of internet access and internet content for political purposes are still part of everyday life. Will filtering, blocking, and hacking replace scissors and black ink? This book argues that only a broader understanding of censorship can effectively protect free
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dom of expression. for centuries, church and state controlled the content available to the public through political, moral and religious censorship. As technology evolved, the legal and political tools were refined, but the classic censorship system continued until the end of the 20th century. However, the myth of total freedom of communication and a law-free space that had been expected with the advent of the internet was soon challenged. the new rulers of the digital world, tech companies, emerged and gained enormous power over free speech and content management. All this happened alongside cautious regulation attempts on the part of various states, either by granting platforms near-total immunity (US) or by setting up new rules that were not fully developed (EU). China has established the Great Firewall and the Golden Shield as a third way. in the book, particular attention is paid to developments since the 2010s, when Internet-related problems began to multiply. the state's solutions have mostly pointed in one direction: towards greater control of platforms and the content they host. Similarities can be found in the US debates, the Chinese and Russian positions on internet sovereignty, and the new European digital regulations (DSA-DMA). The book addresses them all." (Publisher description)
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"This article aims to discuss what we call environmental opacity, a condition of mobile instant messaging services (MIMS) that operates on the basis of end-to-end encryption systems. Utilizing WhatsApp as a specific example, the article presents two fundamental dilemmas around which some issues conc
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erning transparency are mobilized when it comes to digital private communication. The first of them relates to how end-to-end encryption has simultaneously become an asset and a problem for democratic environments; on the one hand, protecting users’ privacy, and on the other, allowing for the circulation of misinformation and harmful content. The second dilemma deals with how this environment of opacity impacts the ethics and transparency of scholarly research focused on WhatsApp and other MIMSs. The paper also reviews an extensive body of studies that discuss the political uses of WhatsApp in different dimensions, and argues that emerging countries with large user bases, such as Brazil and India, have experienced a series of negative effects after the adoption of WhatsApp by politically oriented groups. Among the main proposals, the article suggests some measures to foster platform transparency and facilitate scientific research instead of hindering it." (Abstract)
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"This text is divided into four chapters. The first chapter describes the characteristics of online public debate in Colombia. It also presents the historical context and details the circumstances in which risky content for democracy and human rights content is published and disseminated in the coun
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try; this usually happens in public discussions associated with the armed conflict, in debates related to current situations that involve discriminated and vulnerable communities, and —mainly— during electoral periods in which smear campaigns against the media and journalists occur and disinformation strategies to manipulate voters develop. The second chapter presents a normative review that clarifies concepts addressed throughout the text and elaborates on international standards on the subject. The third chapter contains the body of the legal framework that describes the current regulations in Colombia to address content that potentially poses risks for democracy and human rights and presents the alternatives for dealing with such content. The fourth chapter analyzes the extent to which this framework is in line with international standards and reflects on the effectiveness of the legal tools to tackle the problem of hate speech and disinformation. In parallel with the development of the conflict and cycles of political violence, Colombian civil society has been striving for decades to advance in peacebuilding. As part of these efforts, it is essential to understand how to promote a broad and robust conversation in digital environments that guarantees diversity of opinions and protects the right of citizens to receive truthful and unbiased information." (Page 5)
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"[...] There are 70 million individuals who are administrators of Facebook groups. Many more coordinate groups across other platforms such as WhatsApp, Signal, and others, which are often run on mobile devices - with a global user base of 5.34 billion unique mobile users. Group administrators and mo
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derators act as “community stewards.” They are individuals in charge of reviewing user-generated content to ensure users adhere to rules, regulations, and community standards of social media platforms. They hold tremendous influence over the experience of their users, but they often step into these roles without fully understanding the scope of responsibilities they are taking on. Many community stewards describe their role as a “labor of love,” representing a substantial opportunity to catalyze large-scale, positive social change across societies. Yet, they face many challenges. Stewards cite myriad challenges, risks, rewards, and opportunities they face in managing their online groups and pages.
This report focuses on the role of community stewards in promoting healthier relationships in their online and digital groups in conflict-affected and fragile countries. There is growing evidence of the societal impacts stewards are driving through their platforms, such as mobilizing aid during crises, raising awareness on important issues, and fostering solutions to community challenges. Given their unique reach, influence, and trust, community stewards hold great potential to not only mobilize positive social change, but also to foster connection and belonging in a way that positively transforms relationships and disrupts the toxic polarization that divides societies and fuels violence. The potential of community stewards is clear; it is less clear how civil society, the private sector, governments, and others can best support and scale up this potential. Understanding the needs and incentives of community stewards to proactively use their roles for building healthier online (and offline) communities can help build on what works. Understanding the barriers and challenges they face in doing so, will serve as critical entry points for mobilizing the right support to stewards. This report looks to uncover the barriers and opportunities that stewards face in their efforts to build healthier and safer online communities in conflict-affected and fragile places." (Introduction)
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"Online and platform content that may cause harm through the breach of human rights is sufficiently widespread to have raised concerns about the potentially severe implications for the future of trust, safety, democracy and sustainable development. A certain amount of this content is curbed by the d
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ominant commercial platforms’ content moderation mechanisms. Much still escapes their nets and in worst cases is algorithmically amplified and even supported by advertising. Some smaller platforms expressly allow hatred and conspiracy theories, even facilitating the organisation of offline attacks on democracy. The roots of the problems lie in : ‘attention economics’, automated advertising systems, external manipulators, company spending priorities and stakeholder knowledge deficits. Of value in addressing these problems will be the development of guidelines for regulating platforms, centred on safeguarding human rights, promoting transparency and limiting the business processes and technical mechanisms that underpin potentially harmful content online." (Key trends uncovered, page 2)
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"Platform problems are linked to the fact that they are not self-governing according to agreed industry standards but mainly ‘solo-governing’ when it comes to content curation and moderation. Reaction to the failure of current platform efforts to regulate content includes the danger of over-regu
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lation by state entities, which carries real risks to freedom of expression. The purview of what may need to be part of new regulatory arrangements includes the interplay between policy, practice, business models and technology. There is a pluralism of platforms and other actors in the “tech stack”, who have different roles in the online content landscape, with concomitant implications for regulatory arrangements. Independent media, whistle-blowers and civil society organisations are significant factors in pushing platform accountability but mechanisms of transparency should be considered for regulatory protections and support. New technology is raising new challenges for platforms’ content moderation. Platform policy and practice is especially significant for elections." (Key trends uncovered, page 2)
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"Platform policies lack clarity about the relationship between them, and also about how policies should be applied at global and local levels. How platforms understand and identify harms is insufficiently mapped to human rights standards, and there is a gap in how policy elements should deal with di
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fferent rights or with business models when there are tensions. Policies are not always transparent and do not provide sufficiently for risk assessment. Implementation and enforcement by platforms have serious shortfalls, while attempts to improve outcomes by automating moderation have their limits. Inequalities in policy and practice abound in relation to different categories of people, countries and languages. Of value in addressing these problems could be the development of guidance for the governance and regulation of frameworks that sets out suggested standards and parameters for platform policies and related operations." (Key trends uncovered, page 2)
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"This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines risks that contemporary social media - focusing in particular on the most widely-used platforms - present for democracy, the rul
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e of law and fundamental rights. The study focuses on the governance of online content, provides an assessment of existing EU law and industry practices which address these risks, and evaluates potential opportunities and risks to fundamental rights and other democratic values." (Abstract)
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"In a cross-platform analysis of Google Web Search, Facebook, YouTube, Reddit, Twitter, Instagram, 4chan and TikTok, we found that hyperpartisan web operators, alternative influencers and ambivalent commentators are in ascendency. The book can be read as a form of platform criticism. It puts on disp
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lay the current state of information online, noting how social media platforms have taken on the mantle of accidental authorities, privileging their own on-platform performers and at the same time adjudicating between claims of what is considered acceptable discourse." (Publisher description)
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"This book is the result of a conference that could not take place. It is a collection of 26 texts that address and discuss the latest developments in international hate speech research from a wide range of disciplinary perspectives. This includes case studies from Brazil, Lebanon, Poland, Nigeria,
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and India, theoretical introductions to the concepts of hate speech, dangerous speech, incivility, toxicity, extreme speech, and dark participation, as well as reflections on methodological challenges such as scraping, annotation, datafication, implicity, explainability, and machine learning. As such, it provides a much-needed forum for cross-national and cross-disciplinary conversations in what is currently a very vibrant field of research." (Back cover)
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