essay on freedom of media

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Essay on Freedom of the Press for Students and Children

500 words essay on freedom of the press.

Freedom of the press is the most important wheel of democracy. Without a free press, a democracy cannot exist. In fact, the press is a great medium that conveys the truth to people. However, it cannot function fully if the press is not free.

People must have heard the saying about the cost of freedom is eternal vigilance. Thus, it is the media’s responsibility to remain vigil for people’s safety. Moreover, the freedom of people is monitored by the media. The press watches those in power to ensure they do not misuse it. In order to do this, freedom of the press is required.

Importance of Freedom of the Press

The press has been given the responsibility of checking and balancing the administration and the government. Whenever there is a social evil lurking or corruption and oppression happens, the press is the first one to raise a voice.

Moreover, we trust the press to collect verify and disseminate the facts and figures which influence people’s decisions. If the press won’t have the liberty to do all this, the people will be in the dark.

Therefore, we see how if even any one of these liberties is take away from the press, the voiceless will lose their voice. Worse yet, if the press will be denied to do their job, the ones in power will run the country as per their will. This will result in uninformed citizens who will thus become powerless.

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Moreover, we see how censorship of the press is nothing less than a dictatorship. When the government imposes censorship on the press, it obviously means they are trying to hide something. A person only hides lies and not the truth. Thus, this way the citizens will be manipulated into thinking there is nothing wrong with the government. Subsequently, when there remains no agency to report the truth, the government will gain absolute power.

In short, freedom of the press is important for the smooth functioning of democracy. It is important for people to be socially aware of happenings in the world. One must have the power to criticize the government; it will keep the administration on their toes to do better for the country.

Responsibility a Free Press

As we can conclude from the earlier statements, the press has a huge responsibility on their shoulders. They need to be vigilant and honest. Media has a powerful role to play in any form of government, whether democratic or totalitarian. The information they distribute helps in shaping the views of the public.

When you have such a power to influence the views of a whole public, then you must be even more responsible. In fact, the media is sometimes more powerful than the government. They have people’s trust and support. However, such a power given to any individual or agency is quite dangerous.

In other words, any media without restraints can be hazardous. As they have the power to showcase anything, they may report anything and twist the facts as per their agendas. They have the power to cause outrage amongst the people. A free press can easily manipulate the public’s opinion. This is why we need responsible journalism to refrain the media from reporting false facts which may harm the harmony and peace of a country.

FAQs on Freedom of the Press

Q.1 Why is freedom of the press important?

A.1 Freedom of the press is important for keeping people informed. A free press monitors the administration and forces them to work for the betterment of the country.

Q.2 What is the responsibility of a free press?

A.2 A free press has a huge responsibility of reporting the truth and shaping people’s opinions. Responsible journalism must be practiced to stop people from spreading hate and maintaining the harmony of a country.

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Essay On Freedom Of Media

Media is critical in today 's society because the mass media performs a number of es- essential functions in our lives. First, they serve an information or surveillance function. Second, they serve an agenda-setting and interpretation function. Third, they help us create and maintain connections with various groups in society. Fourth, they help us socialise and educate us. Fifth, they persuade us to buy certain items or accept certain ideas, and sixth, they entertain us. The number of hours we spend consuming the media is mind-boggling. This amount is ever increasing. For better or worse, we are inextricably linked to the media. We are now living a media culture and its influence is becoming very pervasive (Mohd Hamdan Adnan 2003) There is one law in Malaysia that protects media freedom, Article 10 of the Constitution. It also notes that there are limits to this freedom, and these limits are, generally, defined by the Government. Media freedom is defined the freedom of communicating and expressing through media including various electronic media and published materials. Freedom of the press is essential to democracy, but like other freedoms, it may also complicate the governing process. However, the vast majority of journalists, editors, …show more content…

On the other hand, the factors that affect the balance between freedom of the press and social order include the media’s own sense of what is right ,government policies and society as these three factors change and evolve, so does the balance between freedom of press and order. Nevertheless, the law on the freedom and control of online, print media and non-print media in Malaysia appears balanced. Media in Malaysia often serve as a linkage mechanism between the people and their

Us National Government

A major problem that has dominated the world in today’s society is the development of mass media. The mass media is said, “to be divided into two types: print and broadcast,” but the advancement of the internet became problematic. The internet allows the public to view the news by providing information between the citizens, and government faster than any other source. Consequently, this resulted in the decline of newspapers while more people began reading online. The negative effect of the internet is described as, “a wild west atmosphere” in which individuals may post whatever they wish online, “without professional, organizational, or legal concerns about its source” (Janda, Berry, Goldman, Schildkraut, and Manna, 2017, 148).

Freedom Of Speech: The First Amendment

The first amendment, is the first 45 words of the Bill of Rights, established in December 1791. It ensures against governmental intrusions on the essential personal freedoms(freedom of speech, press, religion, assembly and petition). 言Freedom of Speech : Freedom of speech is the right of people to express their opinions publicly without governmental interference, incitement to violence, rebellion or subject to the laws against libel. One example of this freedom is Martin Luther King Jr's speech “I Have a Dream” he gave this speech in 1963 on August 28th, at the Lincoln Memorial in Washington D.C. ✡Freedom of Press : Freedom of press is the right to publish magazines, newspapers, and other printed matter without governmental restriction.

Mad Max Censorship

Mad Max ws the first installment which began in 1979, and was followed by three films, they were Mad Max 2: The Road Warrior (1981), Mad Max Beyond Thunderdome (1985) and Mad Max: Fury Road (2015). The series follows the adventures of Max Rockatansky, a police officer of the Main Force Patrol in a future Australia whose civilization is rapidly collapsing due to war and critical resource shortages. The film that I would like to apply media criticism on is the fourth installment of the Mad Max franchise: Mad Max: Fury Road (2015). It is an action film and was directed by Geoarge Miller who’s also the originator of the post-apocalyptic genre and the mastermind behind the legendary Mad Max franchise.

Pros And Cons Of Media Censorship

On the other hand, media censorship is also used for wrong motives, mostly by the government who is trying to protect themselves from anti-politics ideas or any other movement against them. Censorship became at some point a weapon apply to keep citizens ignorant, by denying the entry or spread of sensitive information inside the country, authorities assure the status quo remaining, prohibiting to their nation the opportunity to learn more and to think differently, all because this could cause the loss of their power. Media censorship is a delicate matter where there is not a perfect position about it. As is known, media is one of the most important instruments use to communicate opinions in a short period of time to a big part of the world, this makes it a very power device with the capacity to change everything just with one word and give to the society great benefits, but it can also be used in negative ways, affecting directly the good relationship between communities, all critical aspects that make you think it is imperative to establish rational basic rules and boundaries to avoid the media become a dangerous threat to

The Pros And Cons Of Media Conglomerates

A media source which ignores or censors important issues and events severely damages freedom of information. Many modern tabloids, twenty four hour news channels and other mainstream media sources have increasingly been criticized for not conforming to general standards of journalistic integrity. In nations described as authoritarian by most international think-tanks and NGOs media ownership is generally something very close to the complete state control over information in direct or indirect ways. Undesirable consequences which occur due to media imperialism are: • Commercially driven ultra-powerful mass market media is primarily loyal to sponsors i.e. advertisers and government rather than to the public interest.

Essay On Freedom Of Speech In Malaysia

As for broadcasting, there are a few select that owns the broadcast media in Malaysia but still severely restricted by the government. The only reason for the legislation of broadcasting still exists is show that the media is free of monopoly or

Medi The Ethical Role Of Ethics In Sports

Sports have gained significant media exposure over time. There is various television networks dedicated strictly to sports. With the popularity of sports, many sports journalists and columnists have become somewhat of celebrities. As a result, they have the duty of exhibiting valued ethical standards both publicly and privately. In order to set a positive example for their audience, the media must engage in behavior that is appropriate.

Relationship Between Media And Government

But the positive interaction of government-press-society does not mean that each party must lose the function of its functional idealism. For if each existence is not approached with independent and interdependent responsibilities and obligations, it can be ascertained that each party will not be able to assume its rights and responsibilities. It means that the government should be given authority, as an authorized and responsible body to regulate the interests and spheres of its citizens. The press must remain authorized to carry out its distinctive social control functions.

Importance Of Freedom Of Speech Essay

• Freedom of speech and expression is a standout amongst the most essential human rights and it plays a role in a democratic society. It is the right to express your thoughts and opinions through writing, speech or any other way of communication without restriction or limitation but at the same time without causing any type or harm to anyone. Freedom of speech is also known as freedom of press. In Article 19 of the Universal Declaration on Human Rights (UDHR), it is stated that “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

Argumentative Essay On Media Censorship In The Media

Furthermore, in many developing countries or in those with oppressive regimes, government actions are more important than the Internet in defining how information is produced and consumed, and by whom. There are so many counties that use strict censorship in their media. “Present-day examples include Russia as a territorially shrunken successor state to the former USSR, China and North Korea” (Höchli, 2010). Censorship in North Korea is known to be the most intense among the world. With a government such as theirs, they are able to take strict control over communications.

Role Of Mass Media As An Agent Of Socialization

In this advance era, mass media plays a significant role towards all of us and we can truly admit that mass media is one of the basic essenssial that used by everyone in their daily life. Generally, mass media is a print and electronic means of communication that spreads messages to the audiences and carries out information to the people in the society. Mass media can be divided into two categories, which is the print media include like newspaper, magazines, and books. Another mass media is the electronic media include like radio, television, and internet which is used by most of the people nowadays. Media is one of the most influential aspects of our lives.

Influence Of Media On Society

Media are platforms of mass communication that can be categorized as either new of traditional media, with new media being forms of communication that make use of technologies such as the Internet, and traditional media being more conventional forms of media such as newspapers. Media, primarily new media, is getting more popular and influential, especially in today’s day and age since we are exposed to it a lot more than in the past and also since media is more easily accessible now. The media can shape our behaviours, perceptions and opinions, and it is important to know how people are influenced and impacted by it. The media can influence someone’s perception of social reality, or perceptions of beauty or even influence people’s behaviours and habits and therefore, the media does shape who we are. One way that the media can shape who we are is by influencing our perception of social reality.

News Source Credibility

A factor affecting news source credibility is news bias, especially on the part of the journalist—which, in turn, results in news being biased. According to Herbert (2001), consumers of the media in today’s technological era have a higher tendency to question the source(s) of news, as well as whether or not that news is biased because of the easy accessibility of facts on the Internet today. This bias can encompass personalization, dramatization, and fragmentation of news sources as well as source bias (Bennett, 1988). Personalization of news is defined as when journalists turn news into “human interest accounts”, focusing more on a particular individual than the issue at hand. Dramatization of news is described as stories about events being

Media Ethical Issues

1.1 In this project I will be explaining the ethical issues that occur in media, this project will help me understand what I can include in my own magazine and what should stay out. 2.1 Internet privacy is a large concern at the moment, with technology and people’s abilities constantly evolving, an recent example of privacy abuse is the situation that happened to TalkTalk where peoples personal data was stolen and sold off after TalkTalk was hacked by a teenager. This received huge media coverage and is at the forefront of the public’s mind. 2.2 An example of privacy abuse is paparazzi taking pictures of children of stars, for example paparazzi’s taking pictures of Prince George with a drone, which later forced Price William to put out a statement

Essay On Media And Information Literacy

Conceptual Framework Media and information literacy has a big purpose in every learner. It is very important to have knowledge into it and advance education about it. But the come out of this point, majority of the learners are lack of knowledge on MIL and it manifest of-the-line the level of knowledge in media and information literacy. According to Wikipedia, media and information literacy recognizes the major role of information and media in our everyday lives.

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Freedom of the Press

By: History.com Editors

Updated: August 21, 2018 | Original: December 7, 2017

Freedom of the press—the right to report news or circulate opinion without censorship from the government—was considered “one of the great bulwarks of liberty,” by the Founding Fathers of the United States. Americans enjoy freedom of the press as one of the rights guaranteed by the First Amendment. New technologies, however, have created new challenges to media freedom.

The First Amendment , which protects freedom of the press, was adopted on December 15, 1791, as part of the Bill of Rights .

The Bill of Rights provides constitutional protection for certain individual liberties, including freedom of the press, freedom of speech, freedom of religion and the right to assemble and petition the government.

Origins Of Free Press

Before the thirteen colonies declared independence from Great Britain, the British government attempted to censor the American media by prohibiting newspapers from publishing unfavorable information and opinions.

One of the first court cases involving freedom of the press in America took place in 1734. British governor William Cosby brought a libel case against the publisher of The New York Weekly Journal , John Peter Zenger, for publishing commentary critical of Cosby’s government. Zenger was acquitted.

Cato’s Letters

American free press ideals can be traced back to Cato’s Letters, a collection of essays criticizing the British political system that were published widely across pre-Revolutionary America.

The essays were written by Brits John Trenchard and Thomas Gordon. They were published under the pseudonym of Cato between 1720 and 1723. (Cato was a statesman and outspoken critic of corruption in the late Roman Republic.) The essays called out corruption and tyranny in the British government.

A generation later, Cato’s Letters frequently were quoted in newspapers in the American colonies as a source of revolutionary political ideas.

Virginia was the first state to formally protect the press. The 1776 Virginia Declaration of Rights stated, “The freedom of the Press is one of the greatest bulwarks of liberty, and can never be restrained but by despotic Governments.”

More than a decade later, Virginia Representative (and later president of the United States) James Madison would borrow from that declaration when drafting the First Amendment.

Media Freedom And National Security

In 1971, United States military analyst Daniel Ellsberg gave copies of classified documents to The New York Times . The documents, which would become known as the Pentagon Papers , detailed a top-secret Department of Defense study of U.S. political and military involvement in Vietnam from 1945 to 1967.

The Pentagon Papers exposed government knowledge that the war would cost more lives than the public had been told and revealed that the presidential administrations of Harry Truman , Dwight D. Eisenhower , John F. Kennedy and Lyndon B. Johnson all had misled the public about the degree of U.S. involvement in Vietnam.

The government obtained a court order preventing The New York Times from publishing more excerpts from the papers, arguing that the published materials were a national security threat. A few weeks later, the U.S. government sought to block publication of the papers in the Washington Post as well, but the courts refused this time.

In the New York Times Co. v. United States , the Supreme Court ruled in favor of the newspapers, making it possible for The New York Times and Washington Post to publish the contents of the Pentagon Papers without risk of further government censorship.

Former CIA employee Edward Snowden leaked classified documents from the National Security Administration to newspapers in the U.K., United States and Germany in 2013. His leaks revealed several government surveillance programs and set off a global debate about government spying.

Some denounced Snowden as a traitor while others supported his actions, calling him a whistleblower and champion of media freedom.

Press Freedom Around The World

In 2017, a U.S.-based nonprofit, Freedom House, found that just 13 percent of the world’s population enjoys a free press—a media environment where political news coverage is robust and uncensored, and the safety of journalists is guaranteed.

The world’s 10 worst-rated countries and territories include: Azerbaijan, Crimea, Cuba, Equatorial Guinea, Eritrea, Iran, North Korea , Syria , Turkmenistan and Uzbekistan.

The United States ranked 37 of 199 countries and territories for press freedom in 2017. Norway, the Netherlands and Sweden were the top ranking countries.

The Origins of Freedom of Speech and Press; Maryland Law Review . Freedom of the Press 2017; Freedom House .

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Essay on Media Freedom

Over the last decade, media freedom has deteriorated globally, threatening the fundamental right to seek and distribute information through an independent press. This has a continuing negative impact on the state of democracy by limiting the democratic principle of transparency. By making various government operations available to the public for debate and scrutiny, free media helps to ensure transparency. This has not been the case in recent years, with attempts from all levels of government to infringe on this right. Populist leaders have attempted to stifle media freedom in a variety of ways, influencing the media to no longer provide unbiased news and information. Some of these attempts have included: public shaming of honest journalists’ moral standings, proactive support for friendly media outlets, governments taking over media houses, regulatory and financial pressure, all in an attempt to coerce them to comply on the type of information to report. Financial resilience crises in the media sector in South Africa have recently been exacerbated by the outbreak of the COVID19 pandemic; threats to the point of harassment against journalists by politicians and even the police; and job losses by journalists have all contributed significantly to recent key media freedom inhibitors.

During the recent Covid 19 pandemic, media freedom was put to the test by the coverage of the Covid vaccine rollout. Despite the government’s efforts to encourage its citizens to take the vaccines, the public has raised a number of concerns about them. As ethical journalists, the media must take a neutral stance in reporting on the roll out in order to provide accurate and unbiased information. There are important guidelines that should be followed by an ethical journalist when reporting on the issue.

All data gathered and reported should come from reputable sources. Any information used should come from well-informed sources who are well-versed in covid 19 and vaccines. For up-to-date information on any developments, this could include material from the World Health Organization or the country’s science media center.

As a journalist, you must be cautious not to blindly trust any data. One should be willing and ready to question stakeholders about any data collected, including raw data and research methods. This will aid in preventing the publication or reporting of doctored information, which would otherwise mislead the public.

Any data reported should be the result of extensive research. Preliminary data may not provide the required complete peer-reviewed report, resulting in misinformation. In the case of comprehensive reports or studies, they should be critically read to ensure comprehension of information and thus improve accuracy of reporting. The information reported should not be based solely on press releases, but rather on a deeper dive into the studies or research.

The benefits of the vaccine should also be clearly communicated in order to provide information to anyone who may have been interested in getting vaccinated. This should be supported by facts and figures on vaccine efficacy throughout history. Any potential side effects should also be specified. The demographics of trial participants should be included in the reporting to help people understand the efficacy of the vaccines across different populations.

Reid, J., Skinner, K. and Daniels, G., 2020. Media freedom in South Africa today: unravelling multifarious threats toward a research and advocacy response. Communicatio: South African Journal of Communication Theory and Research, 46(3), pp.1-19.

Repucci, S., 2019. Freedom and the media: A downward spiral. Freedom House. Available at https://freedomhouse. org/report/freedom-media/freedom-media-2019. Accessed, 12.

Repucci, S., 2019. Media freedom: a downward spiral. Pribavljeno, 20, p.2020.

WHO, 2020. Tips for professional reporting on COVID-19 vaccines.

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Essay on Freedom of the Press for Students and Others in Simple language

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Freedom of the press or media is the belief system that communications to the public through the medium of print, television and, these days, internet should be free of oversight from the government. Different countries have different provisions to guarantee this right. Below you will find essays on freedom of the press and how it relates to India and its role and importance in a democracy. The essays vary in length and should prove useful for your exams. Feel free to select the essays as per your need.

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Long and Short Essay on Freedom of the Press in English

We have provided below short and long essays on freedom of press in English. These freedom of press essays have been written in simple yet effective sentences to convey a fact based information.

After reading these freedom of press essays you will know what is freedom of press and what role does it plays in a democracy.

Also you will know how freedom of press is essential for keeping democracy safe and making the voice of people heard.

You can use these essays on Freedom of Press in your school or college competition where you have to write an essay, give a speech or take part in debate competitions.

Essay on Freedom of Press and Judiciary – Essay 1 (350 words)

Introduction

A free press and a free judiciary are two very important cornerstones of a democracy. Together, they are responsible for ensuring transparency and holding those in power accountable for their policies and actions. Although their actual functions are different, both institutions act as checks and balances for the government and, therefore, their roles are complementary.

Roles of Press and Judiciary

It is the responsibility of the media to bring forth news and facts that will shape public opinion and allow the citizens of a country to exercise their rights. The judiciary’s role is to protect those rights. Therefore, it becomes clear that in order to function efficiently, both the media and the judiciary must be independent of any outside influences that may attempt to skew information or legal decisions.

However, the roles of these two institutions do not end here. The judiciary is also responsible for protecting the freedom of the press. At the same time, the press is responsible for reporting facts and events in a manner that helps the judiciary make impartial legal decisions that can affect the course of a nation. While it is the media’s job to raise important issues and update the citizens of a country, it is the judiciary’s job to ensure that it can do so without interference.

The two systems also act as checks and balances for each other. The right to freedom of speech and expression isn’t absolute and it is up to the judiciary to decide when the press is being denied this right and when it cannot exercise this right. On the other hand, it is up to the media to ensure that the judiciary dispenses justice in a transparent and effective manner.

There are four pillars that support a working democracy – the executive, legislature, judiciary and press. Of these, the latter two are vital to the proper functioning of a democracy. Each must protect and reinforce the other in order for the power to remain in the hands of the people in a democracy.

Essay on Freedom of Press in Democracy – Essay 2 (400 WORDS)

A democracy is a system wherein power is supposed to lie in the hands of the people. They may choose to exercise this power directly or to elect representatives from amongst their numbers. These representatives then form a governing body such as a parliament.

In order for a democracy to work, it needs to have four solid aspects – free and fair elections, protection of the people’s human rights, the participation of citizens and the rule of law applied equally to everyone. However, without the freedom of the press, all of this is moot.

Freedom of Press in Democracy

There can be no denying the fact that a democracy will only survive if there is freedom of the press or media. Since a democracy depends upon its citizens, these citizens must be well-informed so that they can make political decisions and elect their representatives appropriately. However, it is impossible or creates difficulty for every citizen to go searching for such information themselves.

This is where the press comes in. It falls upon the news media to collect, verify and disseminate the information that can help people make the decisions that allow a democracy to work. As such, the press becomes a powerful tool for the efficient functioning of a democratic government. By reporting verified facts, the press not only allows people to be knowledgeable about what is going on but also acts as a check on the government.

It becomes obvious, then, that the press must be free to do its job. It should not have to face censorship that hides crucial information from the public. The right to freedom of speech and expression also includes the right of the press to the same freedom. If members of the press are intimidated and harassed or are discredited without reason, the people lose the only tool they have to participate effectively in the running of their country.

Without freedom of the press, no government can be considered ‘of the people, by the people and for the people’. Unfortunately, the past few years have seen increasing curbs, direct or indirect, on the media and its ability to report. These curbs have come in the form of harassment, threats and intimidation and are having increasingly disastrous consequences for the dissemination of unbiased information. Unless this trend is reversed, we may see some of the most powerful democracies in the world collapsing soon.

Essay on Importance of Freedom of Press and Media – Essay 3 (450 words)

It has been said that the price of liberty is eternal vigilance. The institution that maintains that vigil is the press or the media. In other words, if the people are to be free, it is the job of the media to ensure that it keeps a watch on those in power in whose hands the freedom lies. In order to do so, press that is free of any outside influences or influencers is absolutely vital.

Importance of Freedom of Press

The press has a responsibility to act as check and balance for the administration and the government. It is the press that raises its voice against social ills, malpractices, corruption and oppression. It is also the press that gathers, verifies and distributes events, facts and information that allow the people of a country to make sound judgments.

However, none of this is possible if the press itself is silenced or if its voice is only allowed when those in power permit. The information that comes from the press at such a time becomes suspect. Worse yet, the press may not be allowed to report news or express opinions that run contrary to what the people in power want. This means a citizenry that is woefully uninformed and, therefore, powerless.

This is not mere speculation. Time and time again, recent history has proven that censorship of the press is one of the most common features of a dictatorship. The censorship may not even be direct or obvious at first. A government may often start by discrediting the news media and what is being reported. It may stridently reinforce the notion that the media cannot be trusted by undermining the news and facts that media presents to the public.

This is when the media begins to exercise self-censorship to avoid outrage manufactured by the government. As time passes, this self-censorship may become more ingrained or such distrust for the news media may develop among the people that they call for the government to intervene. Of course, once the media is muzzled, there is no one to report truths. In the absence of those truths, the citizenry has no power to affect the necessary changes and the government reigns supreme.

No right is absolute. This is true even for the right to freedom of speech or expression. However, the right does exist and as long as it does, the power lies in the hands of the people. Since the freedom of the press also falls under this right, it is clear that the press is the tool that indirectly protects all other rights that a people may enjoy. Curbing the freedom of the press is, thus, curbing the freedom of the people.

Essay on Freedom of Press and Social Responsibility – Essay 4 (500 words)

Social responsibility is the obligation to guide one’s actions on the basis of the effect the actions will have on society, economy, culture and environment. What this means is that everyone has a responsibility to express themselves in a way that doesn’t harm the social, economic, cultural and environmental aspects of the world we live in.

Social Responsibility and Freedom of the Press

The press has a powerful role to play in any setting. It disseminates information and expresses opinions that guide and shape the public’s opinion and stances. Nowhere can this be seen better than in the reporting done in the 20 th and 21 st centuries across the globe. This is the time that reporting of facts became widespread and print media came into its own.

The theory of social responsibility of the press lies between total authoritarianism and libertarianism. As per the theory, a free press should be allowed without any censorship but the content should be self-regulated and open to discussion in public panels. It helps establish guidelines for professionalism in reporting and insists upon high standards of quality in terms of truth, accuracy and information.

The fact is that media without any fetters can be dangerous. It can report anything, twist any facts or even present outright lies in order to maintain its influence. It can be manipulated quite easily and, in turn, can manipulate the very public opinion it is supposed to shape. Responsible journalism doesn’t only mean reporting facts. It also means placing those facts in context and, under certain circumstances, even refraining from reporting facts or expressing opinions that can cause harm.

Specific Example

The perfect example of this situation is the Mumbai attacks on November 26. When the Rapid Action Force, Marine Commandos and National Security Guard surrounded the Taj Hotel and the Oberoi Trident, 67 channels were on hand to broadcast live the proceedings. Thanks to minute-by-minute updates, the terrorists knew exactly what was going on outside and were able to plan their defence accordingly. The job of the commandos became infinitely more difficult as they tried to subdue the terrorists and rescue hostages.

After the event, the Supreme Court ruled that the media had been extremely irresponsible and endangered the lives of not only the rescue teams but also the hostages. In their bid to increase their ratings, various TV channels cast aside all common sense and carelessly and ceaselessly released updates that helped the terrorists while hindering security forces. While freedom of expression is a right, it isn’t without its limitations and during those fateful days, the news media flagrantly violated those limitations for revenue.

There can be no doubt that a strong and free press is crucial to the functioning of any democracy. However, like any other right, the right to freedom of expression must be exercised with caution lest it does more harm than good. Unfortunately, news media depends on ratings to generate revenue and has demonstrated time and again that it will cross many moral lines to get both. In order to be truly effective, the press needs to remember that it has a responsibility to its audience and to society as a whole to be rational and conscientious in its reporting.

Essay on Freedom of the Press/Media in India – Essay 5 (650 words)

The belief that expressions and communiqués through various media such as print, television and the internet are a right to be exercised freely without government intervention is known as freedom of the press and media. This freedom is considered one of the cornerstones of democracy. In order to keep checks and balances on the government and its activities, the public must be adequately informed. This information is supposed to be dispensed by the press.

History of the Press in India

The Indian press is deeply rooted in Indian history and had its beginnings under the aegis of the British Raj. During the Indian struggle for freedom, various acts were enacted by the British government to censor press coverage of parties such as the Congress which were in the forefront of the independence movement. These acts included the Indian Press Act (1910), Indian Press (Emergency) Act (1931-32) and the Defence of India Act during the Second World War (1939-1945).

Freedom of the Press/Media in India

With the advent of independence, Indian leaders laid out the Constitution of India which guaranteed certain rights to all its citizens as part of being a democracy. While there is no specific Act in the constitution regarding the freedom of the press, Article 19 (1) a guarantees the right of freedom of speech and expression to all citizens. The freedom of the press is deemed to be part of this right. Ideally, this means that the communiqués and expressions in various media cannot be censored by the government.

However, there are limitations to this freedom – limitations that apply to both private citizens and member of the press. The limitations are listed in Article 19 (2) and restrict freedom of speech and expression if said freedom interferes with the following:

• Security of the State
• Sovereignty and Integrity of India
• Public Order
• Friendly Relations with Foreign States
• Contempt of Court
• Decency or Morality

The offence of sedition as laid out in Article 124A is also something that can be used to curb the freedom of the media. The article states ‘Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India, shall be punished with imprisonment for life, to which a fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.’

However, this isn’t absolute as laid out in Explanation 3 which states ‘Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.’

Current Position

Although India is considered the largest democracy in the world, the freedom of the press is declining in the country. As per the World Press Freedom Index of 2018, India holds a position of 138 out of 180. This has slipped down two points from 136 in 2017. The highest position the country achieved was in 2002 when it was ranked at 80. Since then there has been an alarming decline. Reporter without Borders, the organization that releases the index, cites growing intolerance and the murders of journalists as the reasons behind this decline.

As the world’s largest democracy, India has a duty to ensure that the press has the right to disseminate information and express opinions without excessive censorship. Unfortunately, in recent years, this right has been increasingly curbed. This oppression of the press is an alarming trend as it does not allow for proper checks and balances on the government and its activities. The Indian people need to remember that in order to have a strong democracy they need a strong and free press.

Related Information:

• Essay on India
• Essay on Democracy in India
• Essay on Fundamental Rights
• Essay on Freedom of Speech
• Essay on Nationalism
• Essay on Newspaper
• Slogans on Newspaper
• Speech on Newspaper
• Essay on Social Media

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Persuasive Essay On Freedom Of Media

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Persuasive Essay On Freedom Of Speech

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Persuasive Essay On The First Amendment

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Essay on Freedom of the Press

• 5 Works Cited

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Freedom of Speech in Social Media Essay

What are the advantages, disadvantages, and limits of freedom of speech in social media? Learn more below! This paper focuses on the importance of social media and freedom of speech.

Introduction

Social media & freedom of speech, hate speech on social media, reference list.

The freedom of speech is one of the crucial features of the democratic society. The personal liberty cannot be achieved without the ability to express your thoughts freely. It also means the opportunity to participate in the discussions and debates. George Orwell said, “If liberty means anything at all, it means the right to tell people what they do not want to hear”.

The media is a powerful mean of social progress nowadays. It is said that social media’s worldwide audience gives individuals new rights, responsibilities, and risks. Joshua Rozenberg claimed, “A tweet is not an email, it’s a broadcast”. The aim of this essay is to present my own opinion on the expressions by Orwell and Rozenberg and to discuss the influence of media on the human rights, responsibilities, and risks.

The social media represents the source and the mean of the information dissemination. It is difficult to imagine what the world would look like if we did not have the media. The dissemination of the true information is one of the pillars of the free society.

Nowadays, the breakthrough in this process has been achieved due to the development and implementation of the new media and information and communications technologies (ICTs) ( IMS Conference on ICTs, 2008). I agree with the statement of George Orwell, who said that the liberty “means the right to tell people what they do not want to hear”.

It goes without saying that all people are different and, thus, their views on the changes occurring in the surrounding world differ. However, the social progress cannot be achieved without the conflict solving and decision making. The availability of the different opinions contributes to the arriving at the best solution. The freedom of speech implies the opportunity of the unhampered expression of the opposite views.

How can we say about the liberty and personal freedom if we are afraid of protesting and arguing? The truly democratic society is the one, which encourages the independent thinking and the expression of the opposite views.

Katharine Gelber in her article ‘Freedom of Speech and Australian Political Culture’ considers the opinions of the Australian politicians, representing both the Coalition and Opposition in the beginning of the 1990s. Gelber tries to say that the history of the freedom of speech in Australia consists of the periods of the increasing public debates on the issue of human rights and their protection.

In 1992, the wide discussions contributed to the recognition of the freedom of speech in Australia (Gelber, 2011). Although the representatives of the various political parties have different views on the concept of freedom of speech, all of them indicate to its importance for the society.

Gelber says that the majority of Australians believe that the freedom of speech exists in the Australian society (Gelber, 2011). Undoubtedly, it shows that people feel their liberty in saying what the others do not want to hear.

There is a famous expression by Joshua Rozenberg, “A tweet is not an email, it’s a broadcast”. I think that he means that if the conversation includes more than two persons, it is public and it disseminates the information rapidly. In the context of the human rights, it can be said that the ‘tweet’ or wide discussions are vital for the dissemination of the information and contribute to the freedom of speech.

I agree with the statement that the social media’s worldwide audience gives individuals new rights, responsibilities, and risks. In this respect, censorship remains one of the most significant hazards. However paradoxical it looks at the first glance, the United States of America represents the bright example of the country with the freedom of speech, on the one hand, and the cases of censorship, on the other hand.

Patrick Garry in his book An American Paradox: Censorship in a Nation of Free Speech analyses the reasons for the existence of censorship in the country proclaiming the freedom of speech as one of the highest values. Garry finds the roots for this problem in the rapid dynamism of the American society.

The author also states that “as multiculturalism replaces the older, more traditional social model of Americanized homogeneity, speech and censorship will increasingly form the ethnic and cultural battleground of this change” (Garry, 1993, p. 14).

Undoubtedly, the freedom of speech is one of the most discrepant social and political issues. People’s words depend on their minds and their emotions. However, they are not always the positive ones and sometimes people are driven by hate. The history of mankind already has a lot of examples when the speech provoked the violence. The Nazi Germany is one of such examples.

The emotional speech of Adolph Hitler inspired millions of people to commit the crime against humanity. That is why it should be emphasized that the freedom of speech assumes the responsibility. It is said that “our most successful approach to defending our human rights and human dignity is to begin with the principle: Choose Love, Not Hate” ( Freedom of expression, no date).

Besides, it should be mentioned that the freedom of speech should not contradict the other human rights, including the intellectual property rights, the right to reputation, and others. The government intervention in the dissemination of the information should not go beyond the boundaries of the protection of the confidential information, reputation, public safety and order ( Freedom of expression, no date).

The debates provoked by the promulgation of the secret information by WikiLeaks shook the public. Although there were different views on the activity of the website, it is obvious that it made the confidential information public, thus, violating the right to privacy and supporting the freedom of speech.

According to Little, “there is a difference between disclosure of information relating to private lives of individuals and that relating to governments” (2013, par. 6). The European authorities support the freedom of speech but indicate to the importance of licensing of broadcasting and the verification of the information disseminated by the media ( Freedom of expression, 2007).

Connie Bennett and Rob Everett emphasize the importance of tolerance and understanding in the protection of the freedom of speech. At the same time, the authors state, “Free and open access to the universe of ideas not only enriches the lives of a country’s citizens; it protects them from the harm caused when ignorance and misinformation go unchallenged by facts” (Bennett and Everett, 2011, n.pag.).

The rapid development of the information technologies and the digital communication systems create the risks of inconsistent and false data dissemination as the role of the journalists and editors becomes vanished by the work of computers and Internet. At the same time, the modern technologies may help to overcome the bias in the information disseminated by the media.

There are a number of the social organizations aimed at protecting the freedom of speech and the activity of the journalists all over the world. In particular, Freedom House provides the support to the advocates of the human rights to defend the free media and the right to independent expression ( Freedom of expression, no date).

In order to sum up all above mentioned, it should be said that the freedom of speech is one of the main human rights. However, it remains one of the controversial social issues as well. The freedom of expression implies certain responsibilities including the respect to the privacy of other people as well as to the results of their intellectual activity.

The development of the information technologies changes the media and the communication systems. The new tendency creates both the opportunities for the facilitation of the freedom of speech and risks of the dissemination of the false information.

Annotated Bibliography

Bennett, C. and Everett, R. (2011) ‘Freedom of speech requires understanding and tolerance’, The Register Guard .

The authors touch upon the problem of the freedom of speech and the government restrictions. In particular, they emphasize the importance of the free libraries providing the opportunity to become familiar with the different opinions presented in the books.

Garry, P. (1993) An American paradox: censorship in a nation of free speech. Westport, CT: Praeger .

The book uncovers the paradox of the American society: the co-existence of the freedom of speech flourished by the public and the censorship, which restricts it. The author gives his own arguments explaining this phenomenon. In particular, he indicates to the significant changes occurring in the American society.

Gelber, K. (2011) ‘Freedom of speech and Australian political Culture’, University of Queensland Law Journal , 30(1), pp. 135-144.

The article is devoted to the recognition of the freedom of speech in Australia. It also encompasses the results of the survey aimed at investigation of the opinion of the Australians on their constitutional rights including the freedom of expression. The author presents the definitions of the freedom of speech given by the Australian politicians.

Freedom of expression.

The webpage is devoted to the freedom of expression as one of the basic human rights and describes the activity of Freedom House in its protection. The major branches of the organization’s support are mentioned on the webpage. Besides, it emphasizes the role of journalists and media in the realization of the freedom of speech.

IMS Conference on ICTs and networked communications environments: opportunities and threats for press freedom and democratization (2008).

The information presented in the source is devoted to the role of the information and communication technologies in the spreading of the freedom of speech and the facilitation of the democratic process in the different countries. It represents the report on the results of the IMS Conference. The advances in the technology and their impact on the media are discussed in the source.

Little, C. (2013) ‘Democracy depends upon free media and an informed public’, Miami Herald , 16 September.

The author of the article touches upon the controversy around the freedom of speech. She presents her own opinion on the collision of the human rights, which frequently occurs in the society. She also touches upon the activity of the much-talked-of website WikiLeaks.

Garry, P. (1993) An American paradox: censorship in a nation of free speech . Westport, CT: Praeger.

Freedom of expression (no date). Web.

Freedom of expression: a right with responsibilities (2007). Web.

IMS Conference on ICTs and networked communications environments: opportunities and threats for press freedom and democratization (2008). Web.

Little, C. (2013) ‘ Democracy depends upon free media and an informed public ‘, Miami Herald . Web.

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Democracy, Social Media, and Freedom of Expression: Hate, Lies, and the Search for the Possible Truth

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This Essay is a critical reflection on the impact of the digital revolution and the internet on three topics that shape the contemporary world: democracy, social media, and freedom of expression. Part I establishes historical and conceptual assumptions about constitutional democracy and discusses the role of digital platforms in the current moment of democratic recession. Part II discusses how, while social media platforms have revolutionized interpersonal and social communication and democratized access to knowledge and information, they also have led to an exponential spread of mis- and disinformation, hate speech, and conspiracy theories. Part III proposes a framework that balances regulation of digital platforms with the countervailing fundamental right to freedom of expression, a right that is essential for human dignity, the search for the possible truth, and democracy. Part IV highlights the role of society and the importance of media education in the creation of a free, but positive and constructive, environment on the internet.

I. Introduction

Before the internet, few actors could afford to participate in public debate due to the barriers that limited access to its enabling infrastructure, such as television channels and radio frequencies. 1 Digital platforms tore down this gate by creating open online communities for user-generated content, published without editorial control and at no cost. This exponentially increased participation in public discourse and the amount of information available. 2 At the same time, it led to an increase in disinformation campaigns, hate speech, slander, lies, and conspiracy theories used to advance antidemocratic goals. Platforms’ attempts to moderate speech at scale while maximizing engagement and profits have led to an increasingly prominent role for content moderation algorithms that shape who can participate and be heard in online public discourse. These systems play an essential role in the exercise of freedom of expression and in democratic competence and participation in the 21st century.

In this context, this Essay is a critical reflection on the impacts of the digital revolution and of the internet on democracy and freedom of expression. Part I establishes historical and conceptual assumptions about constitutional democracy; it also discusses the role of digital platforms in the current moment of democratic recession. Part II discusses how social media platforms are revolutionizing interpersonal and social communication, and democratizing access to knowledge and information, but also lead to an exponential spread of mis- and disinformation, hate speech and conspiracy theories. Part III proposes a framework for the regulation of digital platforms that seeks to find the right balance with the countervailing fundamental right to freedom of expression. Part IV highlights the role of society and the importance of media education in the creation of a free, but positive and constructive, environment on the internet.

II. Democracy and Authoritarian Populism

Constitutional democracy emerged as the predominant ideology of the 20th century, rising above the alternative projects of communism, fascism, Nazism, military regimes, and religious fundamentalism . 3 Democratic constitutionalism centers around two major ideas that merged at the end of the 20th century: constitutionalism , heir of the liberal revolutions in England, America, and France, expressing the ideas of limited power, rule of law, and respect for fundamental rights; 4 and democracy , a regime of popular sovereignty, free and fair elections, and majority rule. 5 In most countries, democracy only truly consolidated throughout the 20th century through universal suffrage guaranteed with the end of restrictions on political participation based on wealth, education, sex, or race. 6

Contemporary democracies are made up of votes, rights, and reasons. They are not limited to fair procedural rules in the electoral process, but demand respect for substantive fundamental rights of all citizens and a permanent public debate that informs and legitimizes political decisions. 7 To ensure protection of these three aspects, most democratic regimes include in their constitutional framework a supreme court or constitutional court with jurisdiction to arbitrate the inevitable tensions that arise between democracy’s popular sovereignty and constitutionalism’s fundamental rights. 8 These courts are, ultimately, the institutions responsible for protecting fundamental rights and the rules of the democratic game against any abuse of power attempted by the majority. Recent experiences in Hungary, Poland, Turkey, Venezuela, and Nicaragua show that when courts fail to fulfill this role, democracy collapses or suffers major setbacks. 9

In recent years, several events have challenged the prevalence of democratic constitutionalism in many parts of the world, in a phenomenon characterized by many as democratic recession. 10 Even consolidated democracies have endured moments of turmoil and institutional discredit, 11 as the world witnessed the rise of an authoritarian, anti-pluralist, and anti-institutional populist wave posing serious threats to democracy.

Populism can be right-wing or left-wing, 12 but the recent wave has been characterized by the prevalence of right-wing extremism, often racist, xenophobic, misogynistic, and homophobic. 13 While in the past the far left was united through Communist International, today it is the far right that has a major global network. 14 The hallmark of right-wing populism is the division of society into “us” (the pure, decent, conservatives) and “them” (the corrupt, liberal, cosmopolitan elites). 15 Authoritarian populism flows from the unfulfilled promises of democracy for opportunities and prosperity for all. 16 Three aspects undergird this democratic frustration: political (people do not feel represented by the existing electoral systems, political leaders, and democratic institutions); social (stagnation, unemployment, and the rise of inequality); and cultural identity (a conservative reaction to the progressive identity agenda of human rights that prevailed in recent decades with the protection of the fundamental rights of women, African descendants, religious minorities, LGBTQ+ communities, indigenous populations, and the environment). 17

Extremist authoritarian populist regimes often adopt similar strategies to capitalize on the political, social, and cultural identity-based frustrations fueling democratic recessions. These tactics include by-pass or co-optation of the intermediary institutions that mediate the interface between the people and the government, such as the legislature, the press, and civil society. They also involve attacks on supreme courts and constitutional courts and attempts to capture them by appointing submissive judges. 18 The rise of social media potentializes these strategies by creating a free and instantaneous channel of direct communication between populists and their supporters. 19 This unmediated interaction facilitates the use of disinformation campaigns, hate speech, slander, lies, and conspiracy theories as political tools to advance antidemocratic goals. The instantaneous nature of these channels is ripe for impulsive reactions, which facilitate verbal attacks by supporters and polarization, feeding back into the populist discourse. These tactics threaten democracy and free and fair elections because they deceive voters and silence the opposition, distorting public debate. Ultimately, this form of communication undermines the values that justify the special protection of freedom of expression to begin with. The “truth decay” and “fact polarization” that result from these efforts discredit institutions and consequently foster distrust in democracy. 20

III. Internet, Social Media, and Freedom of Expression 21

The third industrial revolution, also known as the technological or digital revolution, has shaped our world today. 22 Some of its main features are the massification of personal computers, the universalization of smartphones and, most importantly, the internet. One of the main byproducts of the digital revolution and the internet was the emergence of social media platforms such as Facebook, Instagram, YouTube, TikTok and messaging applications like WhatsApp and Telegram. We live in a world of apps, algorithms, artificial intelligence, and innovation occurring at breakneck speed where nothing seems truly new for very long. This is the background for the narrative that follows.

A. The Impact of the Internet

The internet revolutionized the world of interpersonal and social communication, exponentially expanded access to information and knowledge, and created a public sphere where anyone can express ideas, opinions, and disseminate facts. 23 Before the internet, one’s participation in public debate was dependent upon the professional press, 24 which investigated facts, abided by standards of journalistic ethics, 25 and was liable for damages if it knowingly or recklessly published untruthful information. 26 There was a baseline of editorial control and civil liability over the quality and veracity of what was published in this medium. This does not mean that it was a perfect world. The number of media outlets was, and continues to be, limited in quantity and perspectives; journalistic companies have their own interests, and not all of them distinguish fact from opinion with the necessary care. Still, there was some degree of control over what became public, and there were costs to the publication of overtly hateful or false speech.

The internet, with the emergence of websites, personal blogs, and social media, revolutionized this status quo. It created open, online communities for user-generated texts, images, videos, and links, published without editorial control and at no cost. This advanced participation in public discourse, diversified sources, and exponentially increased available information. 27 It gave a voice to minorities, civil society, politicians, public agents, and digital influencers, and it allowed demands for equality and democracy to acquire global dimensions. This represented a powerful contribution to political dynamism, resistance to authoritarianism, and stimulation of creativity, scientific knowledge, and commercial exchanges. 28 Increasingly, the most relevant political, social, and cultural communications take place on the internet’s unofficial channels.

However, the rise of social media also led to an increase in the dissemination of abusive and criminal speech. 29 While these platforms did not create mis- or disinformation, hate speech, or speech that attacks democracy, the ability to publish freely, with no editorial control and little to no accountability, increased the prevalence of these types of speech and facilitated its use as a political tool by populist leaders. 30 Additionally, and more fundamentally, platform business models compounded the problem through algorithms that moderate and distribute online content. 31

B. The Role of Algorithms

The ability to participate and be heard in online public discourse is currently defined by the content moderation algorithms of a couple major technology companies. Although digital platforms initially presented themselves as neutral media where users could publish freely, they in fact exercise legislative, executive, and judicial functions because they unilaterally define speech rules in their terms and conditions and their algorithms decide how content is distributed and how these rules are applied. 32

Specifically, digital platforms rely on algorithms for two different functions: recommending content and moderating content. 33 First, a fundamental aspect of the service they offer involves curating the content available to provide each user with a personalized experience and increase time spent online. They resort to deep learning algorithms that monitor every action on the platform, draw from user data, and predict what content will keep a specific user engaged and active based on their prior activity or that of similar users. 34 The transition from a world of information scarcity to a world of information abundance generated fierce competition for user attention—the most valuable resource in the Digital Age. 35 The power to modify a person’s information environment has a direct impact on their behavior and beliefs. Because AI systems can track an individual’s online history, they can tailor specific messages to maximize impact. More importantly, they monitor whether and how the user interacts with the tailored message, using this feedback to influence future content targeting and progressively becoming more effective in shaping behavior. 36 Given that humans engage more with content that is polarizing and provocative, these algorithms elicit powerful emotions, including anger. 37 The power to organize online content therefore directly impacts freedom of expression, pluralism, and democracy. 38

In addition to recommendation systems, platforms rely on algorithms for content moderation, the process of classifying content to determine whether it violates community standards. 39 As mentioned, the growth of social media and its use by people around the world allowed for the spread of lies and criminal acts with little cost and almost no accountability, threatening the stability of even long-standing democracies. Inevitably, digital platforms had to enforce terms and conditions defining the norms of their digital community and moderate speech accordingly. 40 But the potentially infinite amount of content published online means that this control cannot be exercised exclusively by humans.

Content moderation algorithms optimize the scanning of published content to identify violations of community standards or terms of service at scale and apply measures ranging from removal to reducing reach or including clarifications or references to alternative information. Platforms often rely on two algorithmic models for content moderation. The first is the reproduction detection model , which uses unique identifiers to catch reproductions of content previously labeled as undesired. 41 The second system, the predictive model , uses machine learning techniques to identify potential illegalities in new and unclassified content. 42 Machine learning is a subtype of artificial intelligence that extracts patterns in training datasets, capable of learning from data without explicit programming to do so. 43 Although helpful, both models have shortcomings.

The reproduction detection model is inefficient for content such as hate speech and disinformation, where the potential for new and different publications is virtually unlimited and users can deliberately make changes to avoid detection. 44 The predictive model is still limited in its ability to address situations to which it has not been exposed in training, primarily because it lacks the human ability to understand nuance and to factor in contextual considerations that influence the meaning of speech. 45 Additionally, machine learning algorithms rely on data collected from the real world and may embed prejudices or preconceptions, leading to asymmetrical applications of the filter. 46 And because the training data sets are so large, it can be hard to audit them for these biases. 47

Despite these limitations, algorithms will continue to be a crucial resource in content moderation given the scale of online activities. 48 In the last two months of 2020 alone, Facebook applied a content moderation measure to 105 million publications, and Instagram to 35 million. 49 YouTube has 500 hours of video uploaded per minute and removed more than 9.3 million videos. 50 In the first half of 2020, Twitter analyzed complaints related to 12.4 million accounts for potential violations of its rules and took action against 1.9 million. 51 This data supports the claim that human moderation is impossible, and that algorithms are a necessary tool to reduce the spread of illicit and harmful content. On the one hand, holding platforms accountable for occasional errors in these systems would create wrong incentives to abandon algorithms in content moderation with the negative consequence of significantly increasing the spread of undesired speech. 52 On the other hand, broad demands for platforms to implement algorithms to optimize content moderation, or laws that impose very short deadlines to respond to removal requests submitted by users, can create excessive pressure for the use of these imprecise systems on a larger scale. Acknowledging the limitations of this technology is fundamental for precise regulation.

C. Some Undesirable Consequences

One of the most striking impacts of this new informational environment is the exponential increase in the scale of social communications and the circulation of news. Around the world, few newspapers, print publications, and radio stations cross the threshold of having even one million subscribers and listeners. This suggests the majority of these publications have a much smaller audience, possibly in the thousands or tens of thousands of people. 53 Television reaches millions of viewers, although diluted among dozens or hundreds of channels. 54 Facebook, on the other hand, has about 3 billion active users. 55 YouTube has 2.5 billion accounts. 56 WhatsApp, more than 2 billion. 57 The numbers are bewildering. However, and as anticipated, just as the digital revolution democratized access to knowledge, information, and public space, it also introduced negative consequences for democracy that must be addressed. Three of them include:

a) the increased circulation of disinformation, deliberate lying, hate speech, conspiracy theories, attacks on democracy, and inauthentic behavior, made possible by recommendation algorithms that optimize for user engagement and content moderation algorithms that are still incapable of adequately identifying undesirable content;

b) the tribalization of life, with the formation of echo chambers where groups speak only to themselves, reinforcing confirmation bias, 58 making speech progressively more radical, and contributing to polarization and intolerance; and

c) a global crisis in the business model of the professional press. Although social media platforms have become one of the main sources of information, they do not produce their own content. They hire engineers, not reporters, and their interest is engagement, not news. 59 Because advertisers’ spending has migrated away from traditional news publications to technological platforms with broader reaches, the press has suffered from a lack of revenue which has forced hundreds of major publications, national and local, to close their doors or reduce their journalist workforce. 60 But a free and strong press is more than just a private business; it is a pillar for an open and free society. It serves a public interest in the dissemination of facts, news, opinions, and ideas, indispensable preconditions for the informed exercise of citizenship. Knowledge and truth—never absolute, but sincerely sought—are essential elements for the functioning of a constitutional democracy. Citizens need to share a minimum set of common objective facts from which to inform their own judgments. If they cannot accept the same facts, public debate becomes impossible. Intolerance and violence are byproducts of the inability to communicate—hence the importance of “knowledge institutions,” such as universities, research entities, and the institutional press. The value of free press for democracy is illustrated by the fact that in different parts of the world, the press is one of the only private businesses specifically referred to throughout constitutions. Despite its importance for society and democracy, surveys reveal a concerning decline in its prestige. 61

In the beginning of the digital revolution, there was a belief that the internet should be a free, open, and unregulated space in the interest of protecting access to the platform and promoting freedom of expression. Over time, concerns emerged, and a consensus gradually grew for the need for internet regulation. Multiple approaches for regulating the internet were proposed, including: (a) economic, through antitrust legislation, consumer protection, fair taxation, and copyright rules; (b) privacy, through laws restricting collection of user data without consent, especially for content targeting; and (c) targeting inauthentic behavior, content control, and platform liability rules. 62

Devising the proper balance between the indispensable preservation of freedom of expression on the one hand, and the repression of illegal content on social media on the other, is one of the most complex issues of our generation. Freedom of expression is a fundamental right incorporated into virtually all contemporary constitutions and, in many countries, is considered a preferential freedom. Several reasons have been advanced for granting freedom of expression special protection, including its roles: (a) in the search for the possible truth 63 in an open and plural society, 64 as explored above in discussing the importance of the institutional press; (b) as an essential element for democracy 65 because it allows the free circulation of ideas, information, and opinions that inform public opinion and voting; and (c) as an essential element of human dignity, 66 allowing the expression of an individual’s personality.

The regulation of digital platforms cannot undermine these values but must instead aim at its protection and strengthening. However, in the digital age, these same values that historically justified the reinforced protection of freedom of expression can now justify its regulation. As U.N. Secretary-General António Guterres thoughtfully stated, “the ability to cause large-scale disinformation and undermine scientifically established facts is an existential risk to humanity.” 67

Two aspects of the internet business model are particularly problematic for the protection of democracy and free expression. The first is that, although access to most technological platforms and applications is free, users pay for access with their privacy. 68 As Lawrence Lessig observed, we watch television, but the internet watches us. 69 Everything each individual does online is monitored and monetized. Data is the modern gold. 70 Thus, those who pay for the data can more efficiently disseminate their message through targeted ads. As previously mentioned, the power to modify a person’s information environment has a direct impact on behavior and beliefs, especially when messages are tailored to maximize impact on a specific individual. 71

The second aspect is that algorithms are programmed to maximize time spent online. This often leads to the amplification of provocative, radical, and aggressive content. This in turn compromises freedom of expression because, by targeting engagement, algorithms sacrifice the search for truth (with the wide circulation of fake news), democracy (with attacks on institutions and defense of coups and authoritarianism), and human dignity (with offenses, threats, racism, and others). The pursuit of attention and engagement for revenue is not always compatible with the values that underlie the protection of freedom of expression.

IV. A Framework for the Regulation of Social Media

Platform regulation models can be broadly classified into three categories: (a) state or government regulation, through legislation and rules drawing a compulsory, encompassing framework; (b) self-regulation, through rules drafted by platforms themselves and materialized in their terms of use; and (c) regulated self-regulation or coregulation, through standards fixed by the state but which grant platform flexibility in materializing and implementing them. This Essay argues for the third model, with a combination of governmental and private responsibilities. Compliance should be overseen by an independent committee, with the minority of its representatives coming from the government, and the majority coming from the business sector, academia, technology entities, users, and civil society.

The regulatory framework should aim to reduce the asymmetry of information between platforms and users, safeguard the fundamental right to freedom of expression from undue private or state interventions, and protect and strengthen democracy. The current technical limitations of content moderation algorithms explored above and normal substantive disagreement about what content should be considered illegal or harmful suggest that an ideal regulatory model should optimize the balance between the fundamental rights of users and platforms, recognizing that there will always be cases where consensus is unachievable. The focus of regulation should be the development of adequate procedures for content moderation, capable of minimizing errors and legitimizing decisions even when one disagrees with the substantive result. 72 With these premises as background, the proposal for regulation formulated here is divided into three levels: (a) the appropriate intermediary liability model for user-generated content; (b) procedural duties for content moderation; and (c) minimum duties to moderate content that represents concrete threats to democracy and/or freedom of expression itself.

A. Intermediary Liability for User-Generated Content

There are three main regimes for platform liability for third-party content. In strict liability models, platforms are held responsible for all user-generated posts. 73 Since platforms have limited editorial control over what is posted and limited human oversight over the millions of posts made daily, this would be a potentially destructive regime. In knowledge-based liability models, platform liability arises if they do not act to remove content after an extrajudicial request from users—this is also known as a “notice-and-takedown” system. 74 Finally, a third model would make platforms liable for user-generated content only in cases of noncompliance with a court order mandating content removal. This latter model was adopted in Brazil with the Civil Framework for the Internet (Marco Civil da Internet). 75 The only exception in Brazilian legislation to this general rule is revenge porn: if there is a violation of intimacy resulting from the nonconsensual disclosure of images, videos, or other materials containing private nudity or private sexual acts, extrajudicial notification is sufficient to create an obligation for content removal under penalty of liability. 76

In our view, the Brazilian model is the one that most adequately balances the fundamental rights involved. As mentioned, in the most complex cases concerning freedom of expression, people will disagree on the legality of speech. Rules holding platforms accountable for not removing content after mere user notification create incentives for over-removal of any potentially controversial content, excessively restricting users’ freedom of expression. If the state threatens to hold digital platforms accountable if it disagrees with their assessment, companies will have the incentive to remove all content that could potentially be considered illicit by courts to avoid liability. 77

Nonetheless, this liability regime should coexist with a broader regulatory structure imposing principles, limits, and duties on content moderation by digital platforms, both to increase the legitimacy of platforms’ application of their own terms and conditions and to minimize the potentially devastating impacts of illicit or harmful speech.

B. Standards for Proactive Content Moderation

Platforms have free enterprise and freedom of expression rights to set their own rules and decide the kind of environment they want to create, as well as to moderate harmful content that could drive users away. However, because these content moderation algorithms are the new governors of the public sphere, 78 and because they define the ability to participate and be heard in online public discourse, platforms should abide by minimum procedural duties of transparency and auditing, due process, and fairness.

1. Transparency and Auditing

Transparency and auditing measures serve mainly to ensure that platforms are accountable for content moderation decisions and for the impacts of their algorithms. They provide users with greater understanding and knowledge about the extent to which platforms regulate speech, and they provide oversight bodies and researchers with information to understand the threats of digital services and the role of platforms in amplifying or minimizing them.

Driven by demands from civil society, several digital platforms already publish transparency reports. 79 However, the lack of binding standards means that these reports have significant gaps, no independent verification of the information provided, 80 and no standardization across platforms, preventing comparative analysis. 81 In this context, regulatory initiatives that impose minimum requirements and standards are crucial to make oversight more effective. On the other hand, overly broad transparency mandates may force platforms to adopt simpler content moderation rules to reduce costs, which could negatively impact the accuracy of content moderation or the quality of the user experience. 82 A tiered approach to transparency, where certain information is public and certain information is limited to oversight bodies or previously qualified researchers, ensures adequate protection of countervailing interests, such as user privacy and business confidentiality. 83 The Digital Services Act, 84 recently passed in the European Union, contains robust transparency provisions that generally align with these considerations. 85

The information that should be publicly provided includes clear and unambiguous terms of use, the options available to address violations (such as removal, amplification reduction, clarifications, and account suspension) and the division of labor between algorithms and humans. More importantly, public transparency reports should include information on the accuracy of automated moderation measures and the number of content moderation actions broken down by type (such as removal, blocking, and account deletion). 86 There must also be transparency obligations to researchers, giving them access to crucial information and statistics, including to the content analyzed for the content moderation decisions. 87

Although valuable, transparency requirements are insufficient in promoting accountability because they rely on users and researchers to actively monitor platform conduct and presuppose that they have the power to draw attention to flaws and promote changes. 88 Legally mandated third-party algorithmic auditing is therefore an important complement to ensure that these models satisfy legal, ethical, and safety standards and to elucidate the embedded value tradeoffs, such as between user safety and freedom of expression. 89 As a starting point, algorithm audits should consider matters such as how accurately they perform, any potential bias or discrimination incorporated in the data, and to what extent the internal mechanics are explainable to humans. 90 The Digital Services Act contains a similar proposal. 91

The market for algorithmic auditing is still emergent and replete with uncertainty. In attempting to navigate this scenario, regulators should: (a) define how often the audits should happen; (b) develop standards and best practices for auditing procedures; (c) mandate specific disclosure obligations so auditors have access to the required data; and (d) define how identified harms should be addressed. 92

2. Due Process and Fairness

To ensure due process, platforms must inform users affected by content moderation decisions of the allegedly violated provision of the terms of use, as well as offer an internal system of appeals against these decisions. Platforms must also create systems that allow for the substantiated denunciation of content or accounts by other users, and notify reporting users of the decision taken.

As for fairness, platforms should ensure that the rules are applied equally to all users. Although it is reasonable to suppose that platforms may adopt different criteria for public persons or information of public interest, these exceptions must be clear in the terms of use. This issue has recently been the subject of controversy between the Facebook Oversight Board and the company. 93

Due to the enormous amount of content published on the platforms and the inevitability of using automated mechanisms for content moderation, platforms should not be held accountable for a violation of these duties in specific cases, but only when the analysis reveals a systemic failure to comply. 94

C. Minimum Duties to Moderate Illicit Content

The regulatory framework should also contain specific obligations to address certain types of especially harmful speech. The following categories are considered by the authors to fall within this group: disinformation, hate speech, anti-democratic attacks, cyberbullying, terrorism, and child pornography. Admittedly, defining and consensually identifying the speech included in these categories—except in the case of child pornography 95 —is a complex and largely subjective task. Precisely for this reason, platforms should be free to define how the concepts will be operationalized, as long as they guide definitions by international human rights parameters and in a transparent manner. This does not mean that all platforms will reach the same definitions nor the same substantive results in concrete cases, but this should not be considered a flaw in the system, since the plurality of rules promotes freedom of expression. The obligation to observe international human rights parameters reduces the discretion of companies, while allowing for the diversity of policies among them. After defining these categories, platforms must establish mechanisms that allow users to report violations.

In addition, platforms should develop mechanisms to address coordinated inauthentic behaviors, which involve the use of automated systems or deceitful means to artificially amplify false or dangerous messages by using bots, fake profiles, trolls, and provocateurs. 96 For example, if a person publishes a post for his twenty followers saying that kerosene oil is good for curing COVID-19, the negative impact of this misinformation is limited. However, if that message is amplified to thousands of users, a greater public health issue arises. Or, in another example, if the false message that an election was rigged reaches millions of people, there is a democratic risk due to the loss of institutional credibility.

The role of oversight bodies should be to verify that platforms have adopted terms of use that prohibit the sharing of these categories of speech and ensure that, systemically, the recommendation and content moderation systems are trained to moderate this content.

V. Conclusion

The World Wide Web has provided billions of people with access to knowledge, information, and the public space, changing the course of history. However, the misuse of the internet and social media poses serious threats to democracy and fundamental rights. Some degree of regulation has become necessary to confront inauthentic behavior and illegitimate content. It is essential, however, to act with transparency, proportionality, and adequate procedures, so that pluralism, diversity, and freedom of expression are preserved.

In addition to the importance of regulatory action, the responsibility for the preservation of the internet as a healthy public sphere also lies with citizens. Media education and user awareness are fundamental steps for the creation of a free but positive and constructive environment on the internet. Citizens should be conscious that social media can be unfair, perverse, and can violate fundamental rights and basic rules of democracy. They must be attentive not to uncritically pass on all information received. Alongside states, regulators, and tech companies, citizens are also an important force to address these threats. In Jonathan Haidt’s words, “[w]hen our public square is governed by mob dynamics unrestrained by due process, we don’t get justice and inclusion; we get a society that ignores context, proportionality, mercy, and truth.” 97

• 1 Tim Wu, Is the First Amendment Obsolete? , in The Perilous Public Square 15 (David E. Pozen ed., 2020).
• 2 Jack M. Balkin, Free Speech is a Triangle , 118 Colum. L. Rev. 2011, 2019 (2018).
• 3 Luís Roberto Barroso, O Constitucionalismo Democrático ou Neoconstitucionalismo como ideologia vitoriosa do século XX , 4 Revista Publicum 14, 14 (2018).
• 4 Id. at 16.
• 7 Ronald Dworkin, Is Democracy Possible Here?: Principles for a New Political Debate xii (2006); Ronald Dworkin, Taking Rights Seriously 181 (1977).
• 8 Barroso, supra note 3, at 16.
• 9 Samuel Issacharoff, Fragile Democracies: Contested Power in the Era of Constitutional Courts i (2015).
• 10 Larry Diamond, Facing up to the Democratic Recession , 26 J. Democracy 141 (2015). Other scholars have referred to the same phenomenon using other terms, such as democratic retrogression, abusive constitutionalism, competitive authoritarianism, illiberal democracy, and autocratic legalism. See, e.g. , Aziz Huq & Tom Ginsburg, How to Lose a Constitutional Democracy , 65 UCLA L. Rev. 91 (2018); David Landau, Abusive Constitutionalism , 47 U.C. Davis L. Rev. 189 (2013); Kim Lane Scheppele, Autocratic Legalism , 85 U. Chi. L. Rev. 545 (2018).
• 11 Dan Balz, A Year After Jan. 6, Are the Guardrails that Protect Democracy Real or Illusory? , Wash. Post (Jan. 6, 2022), https://perma.cc/633Z-A9AJ; Brexit: Reaction from Around the UK , BBC News (June 24, 2016), https://perma.cc/JHM3-WD7A.
• 12 Cas Mudde, The Populist Zeitgeist , 39 Gov’t & Opposition 541, 549 (2004).
• 13 See generally Mohammed Sinan Siyech, An Introduction to Right-Wing Extremism in India , 33 New Eng. J. Pub. Pol’y 1 (2021) (discussing right-wing extremism in India). See also Eviane Leidig, Hindutva as a Variant of Right-Wing Extremism , 54 Patterns of Prejudice 215 (2020) (tracing the history of “Hindutva”—defined as “an ideology that encompasses a wide range of forms, from violent, paramilitary fringe groups, to organizations that advocate the restoration of Hindu ‘culture’, to mainstream political parties”—and finding that it has become mainstream since 2014 under Modi); Ariel Goldstein, Brazil Leads the Third Wave of the Latin American Far Right , Ctr. for Rsch. on Extremism (Mar. 1, 2021), https://perma.cc/4PCT-NLQJ (discussing right-wing extremism in Brazil under Bolsonaro); Seth G. Jones, The Rise of Far-Right Extremism in the United States , Ctr. for Strategic & Int’l Stud. (Nov. 2018), https://perma.cc/983S-JUA7 (discussing right-wing extremism in the U.S. under Trump).
• 14 Sergio Fausto, O Desafio Democrático [The Democratic Challenge], Piauí (Aug. 2022), https://perma.cc/474A-3849.
• 15 Jan-Werner Muller, Populism and Constitutionalism , in The Oxford Handbook of Populism 590 (Cristóbal Rovira Kaltwasser et al. eds., 2017).
• 16 Ming-Sung Kuo, Against Instantaneous Democracy , 17 Int’l J. Const. L. 554, 558–59 (2019); see also Digital Populism , Eur. Ctr. for Populism Stud., https://perma.cc/D7EV-48MV.
• 17 Luís Roberto Barroso, Technological Revolution, Democratic Recession and Climate Change: The Limits of Law in a Changing World , 18 Int’l J. Const. L. 334, 349 (2020).
• 18 For the use of social media, see Sven Engesser et al., Populism and Social Media: How Politicians Spread a Fragmented Ideology , 20 Info. Commc’n & Soc’y 1109 (2017). For attacks on the press, see WPFD 2021: Attacks on Press Freedom Growing Bolder Amid Rising Authoritarianism , Int’l Press Inst. (Apr. 30, 2021), https://perma.cc/SGN9-55A8. For attacks on the judiciary, see Michael Dichio & Igor Logvinenko, Authoritarian Populism, Courts and Democratic Erosion , Just Sec. (Feb. 11, 2021), https://perma.cc/WZ6J-YG49.
• 19 Kuo, supra note 16, at 558–59; see also Digital Populism , supra note 16.
• 20 Vicki C. Jackson, Knowledge Institutions in Constitutional Democracy: Reflections on “the Press” , 15 J. Media L. 275 (2022).
• 21 Many of the ideas and information on this topic were collected in Luna van Brussel Barroso, Liberdade de Expressão e Democracia na Era Digital: O impacto das mídias sociais no mundo contemporâneo [Freedom of Expression and Democracy in the Digital Era: The Impact of Social Media in the Contemporary World] (2022), which was recently published in Brazil.
• 22 The first industrial revolution is marked by the use of steam as a source of energy in the middle of the 18th century. The second started with the use of electricity and the invention of the internal combustion engine at the turn of the 19th to the 20th century. There are already talks of the fourth industrial revolution as a product of the fusion of technologies that blurs the boundaries among the physical, digital, and biological spheres. See generally Klaus Schwab, The Fourth Industrial Revolution (2017).
• 23 Gregory P. Magarian, The Internet and Social Media , in The Oxford Handbook of Freedom of Speech 350, 351–52 (Adrienne Stone & Frederick Schauer eds., 2021).
• 24 Wu, supra note 1, at 15.
• 25 Journalistic ethics include distinguishing fact from opinion, verifying the veracity of what is published, having no self-interest in the matter being reported, listening to the other side, and rectifying mistakes. For an example of an international journalistic ethics charter, see Global Charter of Ethics for Journalists , Int’l Fed’n of Journalists (June 12, 2019), https://perma.cc/7A2C-JD2S.
• 26 See, e.g. , New York Times Co. v. Sullivan, 376 U.S. 254 (1964).
• 27 Balkin, supra note 2, at 2018.
• 28 Magarian, supra note 23, at 351–52.
• 29 Wu, supra note 1, at 15.
• 30 Magarian, supra note 23, at 357–60.
• 31 Niva Elkin-Koren & Maayan Perel, Speech Contestation by Design: Democratizing Speech Governance by AI , 50 Fla. State U. L. Rev. (forthcoming 2023).
• 32 Thomas E. Kadri & Kate Klonick, Facebook v. Sullivan: Public Figures and Newsworthiness in Online Speech , 93 S. Cal. L. Rev. 37, 94 (2019).
• 33 Elkin-Koren & Perel, supra note 31.
• 34 Chris Meserole, How Do Recommender Systems Work on Digital Platforms? , Brookings Inst.(Sept. 21, 2022), https://perma.cc/H53K-SENM.
• 35 Kris Shaffer, Data versus Democracy: How Big Data Algorithms Shape Opinions and Alter the Course of History xi–xv (2019).
• 36 See generally Stuart Russell, Human Compatible: Artificial Intelligence and the Problem of Control (2019).
• 37 Shaffer, supra note 35, at xi–xv.
• 38 More recently, with the advance of neuroscience, platforms have sharpened their ability to manipulate and change our emotions, feelings and, consequently, our behavior in accordance not with our own interests, but with theirs (or of those who they sell this service to). Kaveh Waddell, Advertisers Want to Mine Your Brain , Axios (June 4, 2019), https://perma.cc/EU85-85WX. In this context, there is already talk of a new fundamental right to cognitive liberty, mental self-determination, or the right to free will. Id .
• 39 Content moderation refers to “systems that classify user generated content based on either matching or prediction, leading to a decision and governance outcome (e.g. removal, geoblocking, account takedown).” Robert Gorwa, Reuben Binns & Christian Katzenbach, Algorithmic Content Moderation: Technical and Political Challenges in the Automation of Platform Governance , 7 Big Data & Soc’y 1, 3 (2020).
• 40 Jack M. Balkin, Free Speech in the Algorithmic Society: Big Data, Private Governance, and New School Speech Regulation , 51 U.C. Davis L. Rev. 1149, 1183 (2018).
• 41 See Carey Shenkman, Dhanaraj Thakur & Emma Llansó, Do You See What I See? Capabilities and Limits of Automated Multimedia Content Analysis 13–16 (May 2021),https://perma.cc/J9MP-7PQ8.
• 42 See id. at 17–21.
• 43 See Michael Wooldridge, A Brief History of Artificial Intelligence: What It Is, Where We Are, and Where We Are Going 63 (2021).

Perceptual hashing has been the primary technology utilized to mitigate the spread of CSAM, since the same materials are often repeatedly shared, and databases of offending content are maintained by institutions like the National Center for Missing and Exploited Children (NCMEC) and its international analogue, the International Centre for Missing & Exploited Children (ICMEC).

• 45 Natural language understanding is undermined by language ambiguity, contextual dependence of words of non-immediate proximity, references, metaphors, and general semantics rules. See Erik J. Larson, The Myth of Artificial Intelligence: Why Computers Can’t Think the Way We Do 52–55 (2021). Language comprehension in fact requires unlimited common-sense knowledge about the actual world, which humans possess and is impossible to code. Id . A case decided by Facebook’s Oversight Board illustrates the point: the company’s predictive filter for combatting pornography removed images from a breast cancer awareness campaign, a clearly legitimate content not meant to be targeted by the algorithm. See Breast Cancer Symptoms and Nudity , Oversight Bd. (2020), https://perma.cc/U9A5-TTTJ. However, based on prior training, the algorithm removed the publication because it detected pornography and was unable to factor the contextual consideration that this was a legitimate health campaign. Id .
• 46 See generally Adriano Koshiyama, Emre Kazim & Philip Treleaven, Algorithm Auditing: Managing the Legal, Ethical, and Technological Risks of Artificial Intelligence, Machine Learning, and Associated Algorithms , 55 Computer 40 (2022).
• 47 Elkin-Koren & Perel, supra note 31.
• 48 Evelyn Douek, Governing Online Speech: From “Posts-as-Trumps” to Proportionality and Probability , 121 Colum. L. Rev. 759, 791 (2021).
• 53 See Martha Minow, Saving the Press: Why the Constitution Calls for Government Action to Preserve Freedom of Speech 20 (2021). For example, the best-selling newspaper in the world, The New York Times , ended the year 2022 with around 10 million subscribers across digital and print. Katie Robertson, The New York Times Company Adds 180,000 Digital Subscribers , N.Y. Times (Nov. 2, 2022), https://perma.cc/93PF-TKC5. The Economist magazine had approximately 1.2 million subscribers in 2022. The Economist Group, Annual Report 2022 24 (2022), https://perma.cc/9HQQ-F7W2. Around the world, publications that reach one million subscribers are rare. These Are the Most Popular Paid Subscription News Websites , World Econ. F. (Apr. 29, 2021), https://perma.cc/L2MK-VPNX.
• 54 Lawrence Lessig, They Don’t Represent Us: Reclaiming Our Democracy 105 (2019).
• 55 Essential Facebook Statistics and Trends for 2023 , Datareportal (Feb. 19, 2023), https://perma.cc/UH33-JHUQ.
• 56 YouTube User Statistics 2023 , Glob. Media Insight (Feb. 27, 2023), https://perma.cc/3H4Y-H83V.
• 57 Brian Dean, WhatsApp 2022 User Statistics: How Many People Use WhatsApp , Backlinko (Jan. 5, 2022), https://perma.cc/S8JX-S7HN.
• 58 Confirmation bias, the tendency to seek out and favor information that reinforces one’s existing beliefs, presents an obstacle to critical thinking. Sachin Modgil et al., A Confirmation Bias View on Social Media Induced Polarisation During COVID-19 , Info. Sys. Frontiers (Nov. 20, 2021).
• 59 Minow, supra note 53, at 2.
• 60 Id. at 3, 11.
• 61 On the importance of the role of the press as an institution of public interest and its “crucial relationship” with democracy, see id. at 35. On the press as a “knowledge institution,” the idea of “institutional press,” and data on the loss of prestige by newspapers and television stations, see Jackson, supra note 20, at 4–5.
• 62 See , e.g. , Jack M. Balkin, How to Regulate (and Not Regulate) Social Media , 1 J. Free Speech L. 71, 89–96 (2021).
• 63 By possible truth we mean that not all claims, opinions and beliefs can be ascertained as true or false. Objective truths are factual and can thus be proven even when controversial—for example, climate change and the effectiveness of vaccines. Subjective truths, on the other hand, derive from individual normative, religious, philosophical, and political views. In a pluralistic world, any conception of freedom of expression must protect individual subjective beliefs.
• 64 Eugene Volokh, In Defense of the Marketplace of Ideas/Search for Truth as a Theory of Free Speech Protection , 97 Va. L. Rev. 595, 595 (May 2011).
• 66 Steven J. Heyman, Free Speech and Human Dignity 2 (2008).
• 67 A Global Dialogue to Guide Regulation Worldwide , UNESCO (Feb. 23, 2023), https://perma.cc/ALK8-HTG3.
• 68 Can We Fix What’s Wrong with Social Media? , Yale L. Sch. News (Aug. 3, 2022), https://perma.cc/MN58-2EVK.
• 69 Lessig, supra note 54, at 105.
• 71 See supra Part III.B.
• 72 Doeuk, supra note 48, at 804–13; see also John Bowers & Jonathan Zittrain, Answering Impossible Questions: Content Governance in an Age of Disinformation , Harv. Kennedy Sch. Misinformation Rev. (Jan. 14, 2020), https://perma.cc/R7WW-8MQX.
• 73 Daphne Keller, Systemic Duties of Care and Intermediary Liability , Ctr. for Internet & Soc’y Blog (May 28, 2020), https://perma.cc/25GU-URGT.
• 75 Decreto No. 12.965, de 23 de abril de 2014, Diário Oficial da União [D.O.U.] de 4.14.2014 (Braz.) art. 19. In order to ensure freedom of expression and prevent censorship, providers of internet applications can only be civilly liable for damages resulting from content generated by third parties if, after specific court order, they do not make arrangements to, in the scope and technical limits of their service and within the indicated time, make unavailable the content identified as infringing, otherwise subject to the applicable legal provisions. Id .
• 76 Id. art. 21. The internet application provider that provides content generated by third parties will be held liable for the violation of intimacy resulting from the disclosure, without authorization of its participants, of images, videos, or other materials containing nude scenes or private sexual acts when, upon receipt of notification by the participant or its legal representative, fail to diligently promote, within the scope and technical limits of its service, the unavailability of this content. Id .
• 77 Balkin, supra note 2, at 2017.
• 78 Kate Klonick, The New Governors: The People, Rules, and Processes Governing Online Speech , 131 Harv. L. Rev. 1598, 1603 (2018).
• 79 Transparency Reporting Index, Access Now (July 2021), https://perma.cc/2TSL-2KLD (cataloguing transparency reporting from companies around the world).
• 80 Hum. Rts. Comm., Rep. of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, ¶¶ 63–66, U.N. Doc A/HRC/32/35 (2016).
• 81 Paddy Leerssen, The Soap Box as a Black Box: Regulating Transparency in Social Media Recommender Systems , 11 Eur. J. L. & Tech. (2020).
• 82 Daphne Keller, Some Humility About Transparency , Ctr. for Internet & Soc’y Blog (Mar. 19, 2021), https://perma.cc/4Y85-BATA.
• 83 Mark MacCarthy, Transparency Requirements for Digital Social Media Platforms: Recommendations for Policy Makers and Industry , Transatlantic Working Grp. (Feb. 12, 2020).
• 84 2022 O.J. (L 277) 1 [hereinafter DSA].
• 85 The DSA was approved by the European Parliament on July 5, 2022, and on October 4, 2022, the European Council gave its final acquiescence to the regulation. Digital Services: Landmark Rules Adopted for a Safer, Open Online Environment , Eur. Parliament (July 5, 2022), https://perma.cc/BZP5-V2B2. The DSA increases transparency and accountability of platforms, by providing, for example, for the obligation of “clear information on content moderation or the use of algorithms for recommending content (so-called recommender systems); users will be able to challenge content moderation decisions.” Id .
• 86 MacCarthy, supra note 83, 19–24.
• 87 To this end, American legislators recently introduced a U.S. Congressional bill that proposes a model for conducting research on the impacts of digital communications in a way that protects user privacy. See Platform Accountability and Transparency Act, S. 5339, 117th Congress (2022). The project mandates that digital platforms share data with researchers previously authorized by the Federal Trade Commission and publicly disclose certain data about content, algorithms, and advertising. Id .
• 88 Yifat Nahmias & Maayan Perel, The Oversight of Content Moderation by AI: Impact Assessment and Their Limitations , 58 Harv. J. on Legis. 145, 154–57 (2021).
• 89 Auditing Algorithms: The Existing Landscape, Role of Regulator and Future Outlook , Digit. Regul. Coop. F. (Sept. 23, 2022), https://perma.cc/7N6W-JNCW.
• 90 See generally Koshiyama et al., supra note 46.
• 91 In Article 37, the DSA provides that digital platforms of a certain size should be accountable, through annual independent auditing, for compliance with the obligations set forth in the Regulation and with any commitment undertaken pursuant to codes of conduct and crisis protocols.
• 92 Digit. Regul. Coop. F., supra note 89.
• 93 In a transparency report published at the end of its first year of operation, the Oversight Board highlighted the inadequacy of the explanations presented by Meta on the operation of a system known as cross-check, which apparently gave some users greater freedom on the platform. In January 2022, Meta explained that the cross-check system grants an additional degree of review to certain content that internal systems mark as violating the platform’s terms of use. Meta submitted a query to the Board on how to improve the functioning of this system and the Board made relevant recommendations. See Oversight Board Published Policy Advisory Opinion on Meta’s Cross-Check Program , Oversight Bd. (Dec. 2022), https://perma.cc/87Z5-L759.
• 94 Evelyn Douek, Content Moderation as Systems Thinking , 136 Harv. L. Rev. 526, 602–03 (2022).
• 95 The illicit nature of child pornography is objectively apprehended and does not implicate the same subjective considerations that the other referenced categories entail. Not surprisingly, several databases have been created to facilitate the moderation of this content. See Ofcom, Overview of Perceptual Hashing Technology 14 (Nov. 22, 2022), https://perma.cc/EJ45-B76X (“Several hash databases to support the detection of known CSAM exist, e.g. the National Center for Missing and Exploited Children (NCMEC) hash database, the Internet Watch Foundation (IWF) hash list and the International Child Sexual Exploitation (ICSE) hash database.”).
• 97 Jonathan Haidt, Why the Past 10 Years of American Life Have Been Uniquely Stupid , Atlantic (Apr. 11, 2022), https://perma.cc/2NXD-32VM.

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The Debate Over Free Speech, Disinformation and Censorship

More from our inbox:, senator ted cruz responds, talking to children about cancer, why we keep our landlines, internet access.

To the Editor:

Re “ Trump Allies Are Winning War Over Disinformation ” (front page, March 17):

The U.S. Supreme Court put limits on free speech, saying you can’t falsely shout “fire” in a crowded theater. Fundamental to our democracy is an informed electorate. Yet our courts seem to be OK with a flood of lies and propaganda masquerading as news and aimed at burning down our democracy.

This should concern every American for several reasons, including the surge of social media sites that contain much misinformation, the closure of many local newspapers, a decline in the number of real journalists, and an increase in the amount of misinformation spread by adversaries like Russia and China in an attempt to affect the outcome of our elections.

Richard Dickinson Richmond Hill, Ga.

In the same way that semiautomatic guns and bump stocks were never foreseen by the founding fathers when establishing the Second Amendment, social media and A.I. escaped their prescience when it came to issues of free speech.

The commerce of ideas as they addressed it consisted primarily of public discourse via the printed or spoken word at social, political and religious gatherings. The idea that citizens would someday own portable electronic devices that facilitated both the easy manufacture and distribution of subjective realities certainly surpassed anything imagined in the Sedition Act.

America must now address two pressing questions that Madison, Hamilton and others were spared. How do we prevent the yelling of “fire” in a crowded theater when there is neither an actual theater nor an assembled crowd? And how do we stop domestic and foreign profiteers who would embrace the resultant turmoil?

Anthony Nannetti Philadelphia

There is a difference between supporting the First Amendment and hiding behind it. A presidential campaign that uses disinformation to subvert a fair and legal election is undermining the very democracy for which free speech is a bulwark.

Louis Greenstein Pleasantville, N.J.

A Supreme Court decision preventing the Biden administration from deciding what can and cannot be said on social media would also prevent a potential future Trump administration from deciding what can and cannot be said on social media.

Ronald J. DeFelice Irvine, Calif.

Re “ An Islamophobic Smear Campaign Is Dividing Democrats ,” by Lydia Polgreen (column, March 21):

Ms. Polgreen blames Islamophobia for Adeel Abdullah Mangi’s difficulty in getting confirmed to the U.S. Court of Appeals for the Third Circuit, and she accuses me of conducting “bad faith ambushes” because I asked Mr. Mangi during a Senate Judiciary hearing if he condemns Hamas’s Oct. 7 attack on Israel.

The reason I asked Mr. Mangi this question — which Ms. Polgreen fails to mention — is that Mr. Mangi has refused to denounce statements by the director of Rutgers’s Law School Center for Security, Race and Rights in which the director referred to Israel as an “occupying force” and accused Israel of engaging in “settler colonialism.” Mr. Mangi donated to the center and served for years on its board of advisers.

Ms. Polgreen also fails to note that the Senate confirmed another nominee, Zahid Quraishi, who, like Mr. Mangi, is Muslim and Pakistani American, with 81 votes — one of the highest vote totals for any judicial nominee of the Biden presidency.

The White House and Senate Democrats don’t want to defend Mr. Mangi on the merits of his record, so they instead accuse his critics of Islamophobia. That is a shameful attack.

Ted Cruz Houston The writer is a Republican senator from Texas.

Re “ How to Talk to Children About Cancer ,” by Talya Minsberg (Live, nytimes.com, March 22):

We were saddened to learn that Catherine, Princess of Wales, has been diagnosed with cancer. Our thoughts as therapists immediately turned to her children and the challenge of having difficult conversations. We agree with Ms. Minsberg’s recommendations.

No one can provide better care than a parent as their child experiences emotional trials. Illness is inevitable, and caring for a child through a family illness is an inevitable part of parenting. This affects the parent, too, but they can be most effective in helping a child by attending to their own feelings first; then they can fully focus on their child’s needs.

We believe that being honest with a child is always best. Tell the truth, but only the amount that a child can hear and digest at any given moment. Take the lead from what a child asks, making sure the tone and the answer align with where a child is. This conversation is an ongoing one that will be elaborated on over time.

We believe that the best antidote to the fear and pain of loss is togetherness. As Catherine said : “Please do not lose faith or hope. You are not alone.”

Elena Lister Michael Schwartzman New York The writers, a psychiatrist and a psychologist, respectively, are co-authors of “Giving Hope: Conversations With Children About Illness, Death and Loss.”

Re “ Speaking Out for Landlines in Digital Age ” (front page, March 17):

My wife and I are on the high side of 65, and we pay for a landline only as a lifeline as we deal with the never-ending onslaught of power outages wrought by National Grid in Massachusetts, some as long as 10 days in our years here.

We also live in a mobile phone dead zone. So our mobile phones must depend on internet Wi-Fi for all calls. When the electricity goes out, so does the internet, hence our lifeline to the outside world in times of crisis.

We plug in two touch-tone phones to replace cordless phones when there is no juice from National Grid. Whether AT&T, Verizon and others like it or not, plain old telephone service (POTS) is as close to 100 percent reliable as you can get. But now they want to tear out the copper, forcing us to unreliable telephone service.

Ben Myers Harvard, Mass.

You’ll have to pry my landline phone from my cold, dead hands.

I find it absolutely ridiculous and user-unfriendly to hold a screen to my ear, as well as to then hold the phone back where I can see the screen in order to find the keypad, while missing the spoken conversation.

Claire Albahae Brewster, N.Y.

Re “ Millions Are Set to Lose Internet Access Subsidies ” (news article, March 24):

During our history, Americans brought mail service, electrification and telephone service to all corners of the country. Why the lessons learned from these experiences can’t be used to solve the challenge of similarly providing residential internet access coast to coast as well is a damning indictment of our broken national politics.

Gary Rucinski Newton, Mass.