Why International Human Rights Law Cannot Replace Content Moderation

Brenda Dvoskin discusses CJEU’s Ruling in Glawischnig-Piesczek v. Facebook and the Conflicting Regulation of Prior Restraint in Regional Human Rights Systems.

“What the contradiction between the European and the Inter-American systems on the regulation of prior restraint shows (at least) is that Article 19 of the ICCPR is compatible with two inconsistent ways of managing users’ uploads,” Dvoskin writes. “Human rights law itself cannot decide how to regulate prior moderation (meaning moderation before the user uploads the content) on behalf of social media networks.”

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