ONLINE SPEECH – STAKEHOLDERS IN CONTENT MODERATION
ONLINE SPEECH – STAKEHOLDERS IN CONTENT MODERATION

Summary/Abstract: The article focuses on a single aspect of online expression – which entities participate in the Internet orbit, their legal position, and what relations occur between these entities. The aspect shall be discussed from the stance of the international human rights law standards. Three categories of subjects are relevant for online expression: (i) states, (ii) Internet platforms (Internet intermediaries), and (iii) Internet users. These entities establish complex mutual relationships that, in terms of freedom of expression, require legal characterization. The simplest relationship relates to the vertical effect of human rights, in which states’ negative obligations are triggered. The relation concerning positive obligations is more complex – how far the responsibility of the state extends to the disputes between non-state actors. Additionally, the most complex issue is the horizontal effect of human rights, as the issue of the degree of responsibility of non-state actors is still undetermined. In this case, it is necessary to legally qualify the relationship between the intermediary and the user, as well as between the users. Finally, there are cases somewhere in between the vertical and horizontal effect of human rights, namely, the issue of attribution of acts of private actors to states. Such cases include the imprecise legal standing of the so-called Internet Referral Units as well as the cases of the attribution of actions in cases where state legislation requires Internet intermediaries to interfere with online speech.

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