Privatized Censorship – Developing Solutions to the Increasing Role of Platforms in Moderating Global Freedom of Expression

Abstract

This paper addresses the challenges in online content moderation by private sector platforms, proposing an approach rooted in international human rights standards as the only legitimate source for defining the contours of global speech, and the best potential bulwark against platforms being subverted as tools for abusive government censorship. The paper begins by introducing freedom of expression as an international human right, and discussing its applicability to online speech, and the challenges in enhancing freedom of expression protections among online platforms. The paper then discusses the evolution of platforms’ content policies, and the role of global governments and their growing demands for aggressive moderation. The paper introduces a proposed solution, whereby international freedom of expression rules are adapted to create general standards for private sector content moderation structures, which may be interpreted and enhanced through a self-regulatory system. The paper ends by addressing potential challenges in implementing this system.