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Privatised enforcement and the right to freedom of expression in a world confronted with terrorism propaganda online

Author

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  • Coche, Eugénie

Abstract

The purpose of this paper is to explore the risks of privatised enforcement in the field of terrorism propaganda, stemming from the EU Code of conduct on countering illegal hate speech online. By shedding light on this Code, the author argues that implementation of it may undermine the rule of law and give rise to private censorship. In order to outweigh these risks, IT companies should improve their transparency, especially towards users whose content have been affected. Where automated means are used, the companies should always have in place some form of human intervention in order to contextualise posts. At the EU level, the Commission should provide IT companies with clearer guidelines regarding their liability exemption under the e-Commerce Directive. This would help prevent a race-to-the bottom where intermediaries choose to interpret and apply the most stringent national laws in order to secure at utmost their liability. The paper further articulates on the fine line that exists between 'terrorist content' and 'illegal hate speech' and the need for more detailed definitions.

Suggested Citation

  • Coche, Eugénie, 2018. "Privatised enforcement and the right to freedom of expression in a world confronted with terrorism propaganda online," Internet Policy Review: Journal on Internet Regulation, Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin, vol. 7(4), pages 1-17.
    • Handle: RePEc:zbw:iprjir:214064
    DOI: 10.14763/2018.4.1382
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    File URL: https://www.econstor.eu/bitstream/10419/214064/1/IntPolRev-2018-4-1382.pdf
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    References listed on IDEAS

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    1. Adam Badawy & Emilio Ferrara, 2018. "The rise of Jihadist propaganda on social networks," Journal of Computational Social Science, Springer, vol. 1(2), pages 453-470, September.
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    Cited by:

    1. Gorwa, Robert, 2024. "The Politics of Platform Regulation: How Governments Shape Online Content Moderation," EconStor Books, ZBW - Leibniz Information Centre for Economics, number 299876, September.
    2. Emma Ricknell, 2020. "Freedom of Expression and Alternatives for Internet Governance: Prospects and Pitfalls," Media and Communication, Cogitatio Press, vol. 8(4), pages 110-120.
    3. Kettemann, Matthias C. & Tiedeke, Anna Sophia, 2020. "Back up: Can users sue platforms to reinstate deleted content?," Internet Policy Review: Journal on Internet Regulation, Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin, vol. 9(2), pages 1-20.

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