Comment to Council of Europe Committee of Ministers on the Draft Recommendation on online safety and empowerment of content creators and users

Abstract

This comment addresses

- The critical distinction between “systemic duties and responsibilities”  or regulation of platforms’ “design”, “systems”, and “risk mitigation” and content-based regulation of expression

- Role of notice and user rights to recourse

- Regulation of "amplification"

- Researcher access to data

- Graduated obligations for platforms based on size, role, and impact

- Avoiding inappropriate state mandates and ensuring necessary immunities for user empowerment tools

- Age assurance