Eliška Pírková: Human Rights Lost in Transition: Hate Speech 3.0

Private entities, such as Social Network Sites (SNS) exercise a significant control over the flow of information online. They have a power to decide what kind of information can be accesses and what form of expression is or is not permissible. Hence, this ability makes them a powerful force in facilitating or hindering freedom of expression online. Consequently, it imposes a challenge to human rights law which has traditionally viewed human rights as the responsibility of state. The presentation aims to demonstrate how private companies operate as the gatekeepers of information society, especially at the intersection of regulation, law and human rights. After a brief introduction of the term ‘Hate Speech 3.0’, I critically assess the existing approach to the gatekeepers’ liability for potentially harmful content. The national legislative tools, the corporate governance model represented by soft law mechanisms as well as non-state based models of governance will be examined in detail. I argue that the current state of art suggests that we are facing a regulatory paradox of free expression online, which is not able to provide an adequate response to this phenomenon. A starting point of a future possible model that can potentially lead to more positive outcomes will be drawn in the final conclusion.