Published in Policy & Internet, 2022
Abstract:
In what way can coregulation and regulation (like that included in the NetzDG and envisaged by the Digital Services Act) ensure individual users’ right to procedural fairness, through ensuring due process and transparency? In other words, how could users be treated fairly when it comes to removing their objectionable content: For example, by being appropriately informed, being able to raise complaints against removal of their content, and by being able to challenge the platform’s decision? The current state of the play is to push the responsibility of deciding about questions related to freedom of expression on social media platform providers. In the triangle of freedom of expression social media platforms enjoy a disproportionate power to the detriment of the other two actors: authorities and individuals. This article takes note about how platforms act as proxies for state authority in content governance and examines how procedural fairness could ensure a safety zone to protect freedom of expression.