LMRPID-397474
Page 43
30th July 2024
Balancing Freedom of Expression and Hate Speech Regulation in Digital Platforms: A Human Rights Perspective on International Legal Frameworks
Researcher- S M SAZZADUN NOOR HRIDOY | LGMID-27199320190101935
Reviewed by:
Lilac School of Law (LSL)
Paper preview
1. Abstract
2. Introduction
3. Literature Review
4. Methodology
5. Findings
6. Conclusion
7. References
Abstract
The rapid evolution of digital platforms has significantly expanded avenues for free expression, yet it has also led to an increase in hate speech, challenging social harmony and human dignity. This thesis explores the delicate balance between freedom of expression and hate speech regulation from a human rights perspective, analyzing international legal frameworks that seek to reconcile these conflicting interests. Key human rights instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights recognize both the right to free speech and the necessity of restrictions to prevent incitement to violence, discrimination, or hatred. However, global approaches vary significantly, with the United States’ First Amendment offering robust protection for free speech, while European regulations impose stricter limits on hate speech. Digital platforms face growing challenges in content moderation, as inconsistent enforcement and selective de-platforming raise concerns over accountability and bias. Case studies, including Facebook’s controversial moderation practices and Twitter’s selective enforcement policies, illustrate these difficulties. Additionally, initiatives such as the Christchurch Call to Action emphasize the importance of global cooperation in regulating harmful content. To address these challenges, this thesis proposes a multi-pronged approach: first, harmonizing international legal frameworks to provide clear guidelines on permissible restrictions; second, integrating technological solutions with human oversight to enhance content moderation; third, ensuring transparency and accountability through independent oversight and detailed moderation reports; and fourth, promoting digital literacy to empower users to critically assess online content. By adopting these strategies, policymakers and stakeholders can work towards an equitable digital space where free expression is upheld while mitigating the adverse impacts of hate speech. This research underscores the need for collaborative global action in safeguarding human rights in the digital era.
References
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Gagliardone, I., Gal, D., Alves, T., & Martinez, G. (2015). Countering online hate speech. UNESCO Publishing.
Gillespie, T. (2018). Custodians of the Internet: Platforms, content moderation, and the hidden decisions that shape social media. Yale University Press.
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Zuckerman, E. (2021). Mistrust: Why losing faith in institutions provides the tools to transform them. W.W. Norton & Company.
Keywords
Freedom of expression, hate speech regulation, digital platforms, human rights law, international legal frameworks, content moderation.
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