Some international aspects in the fight against online harmful content

Abstract

The growing prevalence of hate speech and incitement to discrimination, violent content, targeting migrants, minority, ethnic communities, and other vulnerable groups, as well as its impact on mental health to harm children, teenagers and moderators, poses significant challenges to democracy and security across the globe. States are bound by international law to combat racial discrimination, xenophobia and incitement to hatred. These standards demand that states take decisive actions against speech that incites national, racial, or religious hatred, discrimination, or violence. However, regulating those contents, especially on social media platforms, becomes increasingly complex as it involves balancing fundamental rights such as freedom of expression with the responsibilities of multinational corporations. The regulation faces considerable challenges in addressing these issues in terms of competent jurisdiction and the responsibilities of the private actors involved. This paper explores these challenges in regulating harmful content online, offering a preliminary analysis of extraterritorial measures adopted by companies, and highlighting the inadequacies of self-regulation. We will specifically examine legal action taken against Meta, emphasizing the need for an effective international legal framework to address these global issues.