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Reviewing legislation to better safeguard the right to freedom of expression on social media

PACE today called on member states to review their legislation to better safeguard the right to freedom of expression on social media. According to the resolution adopted, based on the report by Valentina Grippo (Italy, ALDE), states should in particular “require that social media uphold users’ fundamental rights, including freedom of expression, in their content moderation policy and implementation practices”.

However, PACE stressed that public regulation of content moderation should not have “a chilling effect on free speech”, nor be intended to impose the views of the political power in place and censor opinions which may conflict with the ruling majority’s interests. Moreover, national regulations should not place undue burdens on social media, which could result in an “overzealous approach to content removal”, the adopted text states.

In addition, PACE called on social media companies to avoid measures that restrict the freedom of expression of users, to directly incorporate principles of fundamental rights law (in particular freedom of expression) into their terms and conditions, and to notify users without undue delay of any moderation taken on their content. Terms and conditions provided to users must be “readily accessible, clear and informative on the types of content that are permissible”, the resolution says.

Underlining that human moderators must remain “the cornerstone of any content moderation system”, PACE advocates minimum standards for their working conditions, including a requirement of adequate training to carry out their often stressful tasks.

Believing that content generated by AI must be “disclosed as such by those initially posting it”, the parliamentarians called for social networks to implement technical solutions allowing for such content to be easily identified by users.

Finally, PACE called on social media companies to support the creation of “independent out-of-court dispute settlement bodies, and abide by their decisions and recommendations”.