Big day today for the regulation of online platforms: the UK will be publishing its Online Safety proposals, and the EU its Digital Services Act. Here are seven things I'll be looking out for:
1. Do the proposals focus solely on illegal content? Online platforms shouldn't be mandated to moderate anything which is legal. If it's "harmful but legal", and governments don't like it, then they should make it illegal, not abdicate their responsibilities.
2. Do the proposals force companies to determine the legality of content? This would be wholly inappropriate from a rule of law perspective: decisions as to what is and isn't illegal in society is the role of courts, not online platforms.
3. Do the proposals ensure that users are able to appeal any content moderation decisions through clear, easy-to-use processes? And are there are any other safeguards in place to mitigate the risk of over-removal?
4. Are any obligations and sanctions proportionate, particularly for smaller companies? Treating tech SMEs as though they were Facebook will mean fewer online platforms, and an even more concentrated market.
5. Do the proposals do anything which restricts or undermines the use of encryption or anonymity? Both are critically important tools for vulnerable groups, as well as journalists and human rights defenders.
6. Do the proposals incentivise meaningful transparency that helps users understand how decisions are made, and what actions the platforms are taking? This is an area where good regulation could make a real difference to our understanding of content moderation.
7. For bonus points, do the proposals actively require online platforms to respect the right to freedom of expression through their content moderation policies? This would be a great example of the UN Guiding Principles being applied in practice to online platforms.
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