THE INTERPLAY BETWEEN ONLINE HATE SPEECH AND INTERMEDIARY LIABILITY IN EU AND UK LAW

This research examines strategies adopted by Internet intermediaries to counteract the proliferation and impact of hate speech on social media platforms while safeguarding the freedom of expression. It scrutinises the current landscape of hate speech within the UK and Europe, analysing existing legislative frameworks and their approaches to objectionable content. Emphasis is placed on evaluating the compatibility of these legal provisions with essential human rights, notably the right to freedom of expression. The study highlights the Digital Services Act (DSA) as a recent European legislative initiative aimed at establishing a robust regulatory framework for online content, including provisions for user-initiated reporting and platform-based content review processes. Additionally, it delineates a risk-based approach to content moderation, aligning with overarching objectives of user protection and societal welfare. Conversely, the UK’s 2023 Online Safety Act (OSA) emphasises holding online service providers accountable for illegal and harmful content, although gaps in content moderation measures and transparency are identified. Recommendations to policy makers include broadening the scope of harmful content definition to encompass cyberbullying and online harassment. Ultimately, the study asserts the need for both legislative measures to carefully reconcile the imperatives of content moderation with the preservation of freedom of expression in the online domain.

Grantor dc:publisher

Oxford Brookes University

Author dc:creator

• Ciccarella, Fabiana

Statement dc:rights

• All rights reserved

Language dc:language

en

DOI dc:identifier

https://doi.org/10.24384/de3r-n972

OAI identifier oai:identifier

tle:00226d84-5196-42c7-8d8e-7ccdb76d6d8d:d6bd9758-527a-46cd-bfe2-c433766e8fca:1