Social Media Censorship: Overprotected Platforms and Legal Liability

Abstract

In the wake of sustained efforts to combat abusive behaviour on social media platforms, it has been demanded that social media companies take greater responsibility for the safety of their users. A piece of a piece of legislation (The Online Safety Bill) was announced by the UK government in 2022 with the aim of creating a safer online environment and protecting users from harmful content. This article critically assesses the extent to which social media platforms are overprotected in contemporary society, and whether current regulations are sufficient solutions to the issues around online harms and abhorrent content. A comparative perspective of various media law systems is provided to explore the legal regulations, jurisprudential norms, and societal impacts of different legal systems on the media. The regulation of social media platforms is a complex issue that has sparked debate over the balance between protecting speech rights and preventing abusive behaviour. However, it is not as simple as a binary choice between statutory oversight and unregulated speech, as moderation laws can be too rigid or too vague and may lead to over-censorship or over-protection. There is a need to refine clear boundaries for content governance and liability exemption, while maintaining the original intentions of legislation, aligned with an ethic approach.