Between Public and Private: Freedom of Speech and Platform Regulation in Europe

Abstract

The digital disruption of the media and society has changed how citizens participate in public debate and democracy. Today, internet platforms play a significant role in the public sphere. However, their role in the spread of disorders in the public sphere has increased fears about the future of democracy. The main hypothesis of this article is that the regulation of freedom of speech in Europe is fragmented. Therefore, the European Union and individual states are asking social media platforms to monitor their content. A lack of competence in regulating platforms has led to the introduction of various forms of regulation, such as loose co-regulation and the private censorship of content. These new regulations challenge the underlying rationale and justification of the freedom of speech doctrine and principle of the rule of law.