UNESCO Guidelines for Regulating Digital Platforms: A Rough Critique

UNESCO’s Guidelines for regulating digital platforms (Draft 2.0) (“draft” or “draft guidelines”) aim “to support the development and implementation of regulatory processes that guarantee freedom of expression and access to information while dealing with content that is illegal and content

“Provided by Law”? Applying Article 19’s Legality Requirement to Facebook’s Content Moderation Standards*

In rendering decisions on content moderation actions, the Facebook Oversight Board must scrutinize whether restrictions on speech pass muster under international human rights law. This analysis involves an assessment of Facebook’s policies governing content moderation on the company’s platforms (its “Community Standards”). Indeed, any Board decision affirming the removal of content or an account suspension must necessarily include a finding that the relevant Community Standards comport with the right to freedom of expression as set forth by Article 19 of the International Covenant on Civil and Political Rights. Yet, as this paper explains, the substance and presentation of these Standards raise important questions about their adherence to the legality requirement under Article 19.