{"title":"网络媒体平台内容节制与虚假信息政策的新规:将注意义务纳入中介责任模型","authors":"Caio Machado, Thaís Helena Aguiar","doi":"10.1017/bhj.2023.25","DOIUrl":null,"url":null,"abstract":"Abstract Disinformation, hate speech and political polarization are evident problems of the growing relevance of information and communication technologies (ICTs) in current societies. To address these issues, decision-makers and regulators worldwide discuss the role of digital platforms in content moderation and in curtailing harmful content produced by third parties. However, intermediary liability rules require a balance that avoids the risks arising from the circulation at scale of harmful content and the risks of censorship if excessive burdens force content providers to adopt a risk-averse posture in content moderation. This piece examines the trend of altering intermediary liability models to include ‘duty of care’ provisions, describing three models in Europe, North America and South America. We discuss how these models are being modified to include greater monitoring and takedown burdens on internet content providers. We conclude with a word of caution regarding this balance between censorship and freedom of expression.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":2.3000,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Emerging Regulations on Content Moderation and Misinformation Policies of Online Media Platforms: Accommodating the Duty of Care into Intermediary Liability Models\",\"authors\":\"Caio Machado, Thaís Helena Aguiar\",\"doi\":\"10.1017/bhj.2023.25\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract Disinformation, hate speech and political polarization are evident problems of the growing relevance of information and communication technologies (ICTs) in current societies. To address these issues, decision-makers and regulators worldwide discuss the role of digital platforms in content moderation and in curtailing harmful content produced by third parties. However, intermediary liability rules require a balance that avoids the risks arising from the circulation at scale of harmful content and the risks of censorship if excessive burdens force content providers to adopt a risk-averse posture in content moderation. This piece examines the trend of altering intermediary liability models to include ‘duty of care’ provisions, describing three models in Europe, North America and South America. We discuss how these models are being modified to include greater monitoring and takedown burdens on internet content providers. We conclude with a word of caution regarding this balance between censorship and freedom of expression.\",\"PeriodicalId\":9399,\"journal\":{\"name\":\"Business and Human Rights Journal\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":2.3000,\"publicationDate\":\"2023-06-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Business and Human Rights Journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1017/bhj.2023.25\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"BUSINESS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Business and Human Rights Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/bhj.2023.25","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"BUSINESS","Score":null,"Total":0}
Emerging Regulations on Content Moderation and Misinformation Policies of Online Media Platforms: Accommodating the Duty of Care into Intermediary Liability Models
Abstract Disinformation, hate speech and political polarization are evident problems of the growing relevance of information and communication technologies (ICTs) in current societies. To address these issues, decision-makers and regulators worldwide discuss the role of digital platforms in content moderation and in curtailing harmful content produced by third parties. However, intermediary liability rules require a balance that avoids the risks arising from the circulation at scale of harmful content and the risks of censorship if excessive burdens force content providers to adopt a risk-averse posture in content moderation. This piece examines the trend of altering intermediary liability models to include ‘duty of care’ provisions, describing three models in Europe, North America and South America. We discuss how these models are being modified to include greater monitoring and takedown burdens on internet content providers. We conclude with a word of caution regarding this balance between censorship and freedom of expression.
期刊介绍:
The Business and Human Rights Journal (BHRJ) provides an authoritative platform for scholarly debate on all issues concerning the intersection of business and human rights in an open, critical and interdisciplinary manner. It seeks to advance the academic discussion on business and human rights as well as promote concern for human rights in business practice. BHRJ strives for the broadest possible scope, authorship and readership. Its scope encompasses interface of any type of business enterprise with human rights, environmental rights, labour rights and the collective rights of vulnerable groups. The Editors welcome theoretical, empirical and policy / reform-oriented perspectives and encourage submissions from academics and practitioners in all global regions and all relevant disciplines. A dialogue beyond academia is fostered as peer-reviewed articles are published alongside shorter ‘Developments in the Field’ items that include policy, legal and regulatory developments, as well as case studies and insight pieces.