Relevance to Internet Governance: Digital platforms have emerged and scaled in an environment that has largely exempted them from any legal responsibility on the content they host, and have in this context developed their own ToS/Community Guidelines. In recent years, liability exemptions have been questioned as platforms’ dominance and role continues to grow in our society. Pushes for regulatory intervention and demand for “duty of care” obligations on platforms have become a focal point of discussion (and tensions) in various countries. In Europe particularly, a new regime imposing legal obligations on video-sharing platforms (VSPs) will be implemented across Member States by September 2020. This is the first piece of legislation at a European level addressing content regulation on any kind of digital platform, and it remains to be seen whether it, or further, forthcoming European law such as the 'Digital Services Act', will become a global paradigm for internet content regulation, as GDPR has for data protection. As new laws and regulatory regimes come into force, it is crucial to explore their impact on internet companies that have long been subject only to self-governance, and on internet users, in terms of their protection from harm but also their rights to freedom of expression. Further, the session will also explore the application of national/international jurisdictions and the challenges raised by new national and regional laws governing a domain that is inherently global and borderless.
Relevance to Theme: “Trust” Effective online regulation is ultimately a balancing exercise between safeguarding citizens’ fundamental rights and freedoms online (e.g freedom of speech) while protecting them (and the most vulnerable) from various harms. Users' trust in platforms and in independent regulation of content online, is paramount if the current digital ecosystem is to be sustained and developed. Citizens' trust in public policy outcomes being successfully secured, is also important. Therefore the themes to be explored in this session are of vital importance. The session will also explore the different roles and responsibilities of Government, independent regulatory authorities, civil society and industry, in ensuring that trust is maintained and strengthened, while fostering an honest conversation about the unintended consequences and new challenges arising from regulating digital platforms.
