Photo by Markus Winkler on Unsplash.

See all articles

Livestream – Heidelberger Salon digital

Discussion on 10 February 2022 at 17:00 CET by the Max Planck Institute for Comparative Public Law and International Law in cooperation with Global Freedom of Expression, Columbia University

10.02.2022

Who is the Guardian of Free Speech? Meta’s Oversight Board and (Other) Courts and Dispute Resolution Mechanisms

The spread of misinformation and hate speech has led to calls for a more active role of social networks when it comes to curating content. Others fear censorship and arbitrariness. In this stormy debate, Meta decided to share the responsibility for the enforcement of its community guidelines on Facebook and Instagram by setting up the Oversight Board (OB), an independent body which can review decisions taken by Meta on the removal of posts and blocking of users.

Also, state courts in Europe intervene more and more in the content moderation process, inter alia with the German Bundesgerichtshof annulling Facebook’s Terms and Conditions in parts and the German Bundesverfassungsgericht as well as the Italian Corte Costituzionale ordering Meta to unblock users. US-American courts, on the other hand, regularly rejected claims against social media companies aiming at the reinstatement of content or user accounts.

Oversight Board’s Co-Chair and former Inter-American Rapporteur for Freedom of Expression Catalina Botero-Marino (Global Freedom of Expression, Columbia University), Martin Eifert (Humboldt University Berlin), Matthias Kettemann (University of Insbruck, Hans-Bredow- Institut) and Erik Tuchtfeld (MPIL) will discuss the relationship between state courts and emerging private dispute resolution mechanisms in the realm of content moderation, their effect on freedom of speech on the internet and new regulatory proposals in instruments such as “Europe’s Constitution for Internet Platforms”, the Digital Services Act.

The discussion will be moderated by Alexandra Kemmerer (MPIL) and be open for comments and questions by registered participants.

Date and Time: February 10th, 2022, 5:00 pm (CET)

Place: Virtual meeting (Heidelberger Salon)

Participants:

  • Moderation: Alexandra Kemmerer (MPIL)
  • Catalina Botero-Marino (Co-Chair Oversight Board; Global Freedom of Expression, Columbia University)
  • Erik Tuchtfeld (MPIL)
  • Matthias Kettemann (Uni Insbruck, HBI)
  • Martin Eifert (HU Berlin)

 

Authors
Alexandra Kemmerer

Alexandra Kemmerer is senior research fellow and academic coordinator at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, and head of the Institute’s Berlin Office.

View profile
Catalina Botero-Marino
View profile
Erik Tuchtfeld

Erik Tuchtfeld is a research fellow at the Max Planck Institute for Comparative Public Law and International Law (Heidelberg) and currently working as legal clerk at the Higher District Court of Celle. He studied law at the University of Buenos Aires and Heidelberg University, where he graduated in 2020. His research interests include comparative constitutional law, human rights law, in particular the right to privacy and freedom of expression, and the regulation of social media platforms.

View profile
Matthias C. Kettemann

Matthias C. Kettemann is research program director at the Leibniz Institute for Media Research | Hans Bredow Institute (HBI), research group leader at the Humboldt Institute for Internet and Society, Berlin and at the Sustainable Computing Lab at the Vienna University of Economics and Business Administration, and adjunct professor of international law at Friedrich Schiller University, Jena.

View profile
Martin Eifert
View profile
Print article

Leave a Reply

Your email address will not be published.

Submit your Contribution
We welcome contributions on all topics relating to international law and international legal thought. Please take our Directions for Authors and/or Guidelines for Reviews into account.You can send us your text, or get in touch with a preliminary inquiry at:
Subscribe to the Blog
Subscribe to stay informed via e-mail about new posts published on Völkerrechtsblog and enter your e-mail address below.