Regulation of Social Media and Freedom of Speech

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Sakharuk Anatolii

Lawyer

Ukraine / Kyiv

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Publication date: 03.06.2024

Regulation of Social Media and Freedom of Speech

Introduction

In the digital age, social media has become an important platform for expressing opinions, sharing information and communicating. However, the growing influence of social media raises serious challenges related to disinformation, hate speech, privacy and security. This calls for effective regulation that strikes a balance between freedom of speech and protection of the public interest. In this article, we will look at the main aspects of social media regulation and freedom of speech.

The main part

Freedom of Speech and Its Limitations

1. 1. Legal Basis of Freedom of Speech

• International treaties: Freedom of speech is enshrined in Article 19 of the Universal Declaration of Human Rights and Article 19 of the International Covenant on Civil and Political Rights, which proclaim the right of everyone to express their opinions without interference.
• National constitutions: Many countries include provisions on freedom of speech in their constitutions, guaranteeing the right to free expression.

2. Restrictions on Freedom of Speech

• Hate speech: Many countries' laws provide for restrictions on expression that incites violence, discrimination or hostility based on race, nationality, religion, etc.
• Disinformation and fake news: Disinformation can have serious consequences for society, including undermining trust in democratic institutions, public health and safety.
• Privacy and security: The dissemination of personal information without consent, as well as information that threatens national security, may also be restricted by law.
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Regulation of Social Media

1. International Approaches

• European Union: The EU has adopted a number of pieces of legislation aimed at regulating social media, including the General Data Protection Regulation (GDPR) and the Digital Services Act (DSA). The GDPR sets high standards for data protection, while the DSA obliges platforms to remove illegal content and ensure transparency of algorithms.
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• UNITED STATES: The First Amendment to the U.S. Constitution guarantees freedom of speech, but there are also laws that regulate social media, such as the Fairness in Advertising Act and the Communications Decency Act (Section 230), which protects platforms from liability for user-generated content.

2. National Approaches

• Germany: The Network Compliance Enforcement Act (NetzDG) obliges platforms to promptly remove illegal content, including hate speech and disinformation.
• India: The Indian Information Technology Act sets requirements for social media to remove illegal content and cooperate with law enforcement.

3. Self-regulation

• Codes of conduct: Many social media platforms have developed their own codes of conduct and content moderation policies that regulate the rules of use and mechanisms for responding to violations.
• Fact-checking: Platforms work with independent fact-checking organizations to combat disinformation.