Privatised Enforcement and the Right to Freedom of Expression in a World Confronted with Terrorism Propaganda Online

Coche, E. (2018). Privatised enforcement and the right to freedom of expression in a world confronted with terrorism propaganda online. Internet Policy Review, 7(4)

Amsterdam Law School Research Paper No. 2018-33

Institute for Information Law Research Paper No. 2018-05

18 Pages Posted: 6 Dec 2018

See all articles by Eugénie Coche

Eugénie Coche

Institute for Information law (IViR), University of Amsterdam

Date Written: December 5, 2018

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.

Keywords: Code of conduct on countering illegal hate speech online, privatized enforcement, illegal hate speech, terrorism propaganda, freedom of expression

JEL Classification: K19, K39, K42

Suggested Citation

Coche, Eugénie, Privatised Enforcement and the Right to Freedom of Expression in a World Confronted with Terrorism Propaganda Online (December 5, 2018). Coche, E. (2018). Privatised enforcement and the right to freedom of expression in a world confronted with terrorism propaganda online. Internet Policy Review, 7(4), Amsterdam Law School Research Paper No. 2018-33, Institute for Information Law Research Paper No. 2018-05, Available at SSRN: https://ssrn.com/abstract=3296217

Eugénie Coche (Contact Author)

Institute for Information law (IViR), University of Amsterdam ( email )

Amsterdam
Netherlands

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