Privacy, Free Speech and Content Moderation: A Literature Review and Constitutional Framework Analysis

Abstract

Content moderation is one of the lifeblood of Internet platform companies. Concealment and innovation coexist. The United States and the European Union are leading the world in the field of human rights protection in content moderation. Both the text of the Constitution and the jurisprudence have formed a relatively complete framework of protection. Public and private sectors, online and offline communities, and the balance between ex-ante and ex-post, are at the intersection of content moderation with privacy and free speech. We need to further research exploring the design of the online moderation model, which will balance the arguments around policy, human rights law, and the need to make online spaces safer for a world-wide diverse population.