Hate speech online: how to regulate (a)social media networks
Hate speech online: how to regulate (a)social media networks
Date
2019
Authors
Gruden, Emma
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Abstract
How can hate speech be combated on social media? Social media platforms like Facebook or Twitter
have long positioned themselves as defenders of free speech and were reluctant to interfere in
any political debate. Under the shield of free speech, harassers, antisemites, racists, sexists, and xenophobes
had the means to spread their message with total impunity. With the re-emergence of nationalism
and populism in Europe and throughout the world, social media platforms have recently
started to combat hate speech on their platforms, either using self-regulation mechanisms or through
State-based regulation. Under the threat of heavy sanctions established by the new German legislation
known as ‘NetzDG’, Facebook and other platforms have started relying on algorithms to tackle
hate speech on their platforms. However, delegation of the responsibility to regulate what is permissible
speech from public authorities to private entities, without effective means to ensure transparency,
and especially without effective judicial review of decisions to remove content, is creating
new threats to the freedom of expression, and fears that it may have a counter-productive effect on
combating hate speech, through social reaction and public debate. One of the concerns is that Internet
platforms, operating as private companies and in fear on heavy fines, will tend to regulate the
content with the broader than necessary margin, removing content that may not reach the legal threshold
for restrictions set by the European Court of Human Rights. Therefore, the challenge of how
to combat hate speech online is at the forefront of concerns of most European governments, as they
feel obliged to respond to a significant threat to democracy and social cohesion, by balancing the
protection of free speech, without infringing upon it, and the need to combat hate speech. Internet
platforms are also under pressure and willing to engage in the search of adequate solutions. The
German law is a pioneering legislation in this area, but has also come under a lot of criticism. The
search for a more appropriate and balanced approach is still very much ongoing. The goal of this
thesis is to contribute to this search.
Description
Second semester University: University of Ljubljana
Keywords
hate speech,
social networks,
law,
social responsibility,
freedom of expression