Between Anarchy and Censorship: Public discourse and the duties of social media. CEPS Paper in Liberty and Security in Europe No. 2019-03, May 2019

Bayer, Judit (2019) Between Anarchy and Censorship: Public discourse and the duties of social media. CEPS Paper in Liberty and Security in Europe No. 2019-03, May 2019. [Policy Paper]

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Abstract

Social media platforms have become powerful enough to cause perceptible effects in societies on a global scale. They facilitate public discussion, and they work with excessive amounts of personal data – both activities affecting human rights and the rule of law. This specific service requires attention from the regulator: according to this paper, a new legal category should be created with clear definitions, and a firm delineation of platforms’ rights and responsibilities. Social media companies should not become responsible for third-party content, as this would lead to over-censorship, but they should have the obligation to create and maintain safe and secure platforms, on which human rights and the rule of law are respected. In particular, they should maintain the transparency and viewpoint-neutrality of their services, as well as protect the personal data of their users. The paper sheds light on the similarities and differences from traditional media, and sets out detailed policy recommendations.

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