Accountability regimes for social networks and users: Shifting from immunity regimes to accountability regimes online
Accountability regimes for social networks and users: Shifting from immunity regimes to accountability regimes online
The classic law on freedom of expression (with regard to reasonable restrictions such as defamation and insult, hate speech and apology for crimes against humanity) is not adapted to accounts on social networks, because if it allows in principle to rule on content, it does not provide effective guarantees regarding the treatment of the accounts themselves (responsibilities, sanctions, etc.)
The only rules on temporary or permanent suspensions and account visibility were developed by platforms, not by public institutions. Some examples have shown that the moderation of accounts cannot be left to the sole discretion of digital platforms and social networks.
Thus, it is becoming urgent to develop an accountability regimes for social network accounts, based on democratic principles, and implemented by public institutions. On the occasion of the second Summit for Information and Democracy held on 22 September 2022, the Forum published the report of the working group entitled “Accountability regimes for social networks and users”. Based on more than 80 contributions of international experts, it develops specific accountability regimes for digital platforms and their users.
They worked on this report
Kjersti Loken Stavrum, Co-Chair
Damian Tambini, Co-Chair
Damian Collins
Anette Novak
Karuna Nundy
Olivier de Frouville
Timothy Garton Ash
Richard Malka
Bernd Holznagel
Jacob Mchangama
Scope of the report
Accountability of social networks
Platforms must be responsible in proportion to their influence on the public debate. They must have fair and transparent decision process towards their users and provide them internal appeal mechanism. Compliance with decisions from authorities and courts must be without delay.
General accountability regime for users
A general accountability for account holders should fix in the law their rights, duties and application sanctions in case of non-compliance. Acount holders should have access to an appeal mechanism to challenge decisions from platforms towards a judicial authority.
Special regimes for specific users
News media, journalists, influencers, highly influential accounts and group administrators… Given the influence of these categories of users in shaping the public debate, it is necessary to establish special regimes with additional rights and duties for them.
Governance
A new governance architecture must be established to ensure the application of these accountability regimes at the national and international levels. It will be necessary to verify the compliance of platforms with the rules decided by democratic institutions.
