Page 125 - SAMENA Trends - June-July 2020

REGULATORY & POLICY UPDATES SAMENA TRENDS

U.S., EU Part Ways in Regulating User Content on Social Media

U.S. President Donald Trump’s attack drawing a distinct line with Europe over Chief Executive Officer Mark Zuckerberg
on Twitter Inc. has highlighted how the how to approach content-moderation eventually said the company would review
European Union and the U.S. are taking policies. In contrast, the EU is planning some of its content policies. As the EU
radically different approaches to overhaul changes to its framework, which it is set to prepares its so-called Digital Services
how social media platforms should treat announce by year-end, so that platforms Act, officials are looking to provide
user content. As both sides of the Atlantic like Twitter and Facebook Inc. shoulder clearer responsibilities for platforms
move to update longstanding legal more responsibility if users spread hate without scrapping the liability protection
protections for internet platforms, Europe’s speech or other illegal content. That altogether, according to a person familiar
goal is obliging tech companies to cut means platforms could be obliged to with the matter. The rules will also seek to
back on hate speech and disinformation. scour their sites for those posts instead avoid creating incentives for over-removal
In the U.S., Trump is seeking to strip the of acting as neutral conduits. Recent of content, the person said. For instance,
legal protections if platforms engage in European laws have already chipped away under the new EU framework, platforms
potential censorship or in any political at the longstanding legal protections, for could be subject to fines if they don’t have
conduct. The U.S. and EU rules, which instance by requiring platforms to obtain adequate systems in place to remove
protect social media companies and other licenses for copyrighted content before or keep illegal content off their sites,
platforms from liability for what users post user posts are uploaded. In France and rather than for individual decisions about
on their sites, were designed more than 20 Germany, platforms can be fined if they fail a specific piece of content, the person
years ago to promote growth in the then- to remove illegal hate speech and other said. Another option under consideration,
nascent internet sector and have since content quickly enough. And various EU which has been pushed for by platform
underpinned how the web works today. initiatives, including voluntary codes of association Edima, is to remove any
Now, as the rules are being re-examined conduct, have also pressured platforms disincentives platforms might have to
both in the EU and the U.S., the question for to remove hate speech or demote pursue illegal hate speech or other bad
policymakers is how platforms should treat disinformation. Some of those previous content on their sites. Under current EU
user-generated content posted to their initiatives have drawn concern from tech laws, firms are only liable for content once
sites -- which could consist of hate speech, representatives, who say such rules harm they’ve been made aware of it, making
incite violence or spread disinformation freedom of speech by incentivizing firms it unattractive for them to proactively
-- and what legal ramifications platforms to block more content than is necessary seek out such posts. Meanwhile, the
should face with respect to those to avoid sanctions. Trump’s order, U.S. attempt to impose liability on tech
decisions. While drawing Trump’s ire, meanwhile, is also eliciting pushback companies may be more difficult to enact.
Twitter’s decisions to add a fact-check from the tech community who worry it Legal scholars have said the order is
label to his unsubstantiated claims about attempts to punish a private company for unlikely to survive a court challenge, like
mail-in voting and a warning that a post speech that the government doesn’t like, in the one filed by the Center for Democracy
about the protests in Minneapolis glorified violation of the First Amendment. “There and Technology, a non-profit group whose
violence, have garnered support from a are significant differences between the advisory council includes representatives
senior EU official. “I want platforms to executive order and European efforts to from Facebook, Twitter, Amazon.com Inc.
become more responsible, therefore I regulate intermediary liability, though both and others, claiming the edict violates
support Twitter’s action to implement a will have an impact on lawful speech,” free-speech protections. In addition,
transparent and consistent moderation said Matt Schruers, president of the Democrats’ views on hate speech and
policy,” said European Commission Vice Computer and Communications Industry election misinformation in many ways
President Vera Jourova in relation to the Association, which represents Facebook mirror Europe’s, and the debate could
labels on Trump’s tweets. “This is not and Alphabet Inc.’s Google. While platforms shift again if they take power after the
about censorship,” Jourova said, speaking like YouTube and Facebook are wary of November elections.
at an event streamed online last week, “it shouldering too much liability for user
is about having some limits and taking posts, platforms have also suffered blows
some responsibility of what is happening to their reputations in recent years for not
in the digital world.” But Twitter’s fact- doing enough to police activity, including
check label prompted Trump to unveil an for letting Russians spread disinformation
executive order aimed at scrapping legal across the sites to influence the 2016 U.S.
protections for social media sites that presidential election and the U.K.’s Brexit
engaged in censorship or in any political vote. The pressure to do more is coming
conduct. The measures, which, if enacted, internally, too. After Facebook employees
are designed to force companies to be blasted their leader for his decision to
more hands-off about what users post, is leave the same Trump posts untouched,

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