Online content moderation and the rule of law

Stories of the uncontrolled spread of illegal, harmful or shocking online content increasingly captivate the media. On such occasions, media and society at large call for a solution. Regulating online content, however, is easier said than done. Policy makers, academics, civil society, continuously ponder how to ensure that the democratizing force of the Internet is not overshadowed by the negative forms of content sharing. Different initiatives for online content moderation are being proposed all over the world. The initiatives foresee different models of regulation: traditional state regulation, co-regulation and self-regulation. The so-called “multistakeholder” model is also becoming increasingly popular. Each the initiatives raise questions in terms of respect of the human rights and the rule of law. Delegating State functions to non-state actors is not uncommon and can be effective, but it must be contained within the limits imposed by the rule of law. The proposed research aims to examine recent regulatory initiatives for online content moderation and to assess their compatibility with the rule of law. Further, the research will formulate recommendations for law- and policymakers on how to ensure that that the regulation of online content moderation remains compliant with the rule of law