Some owners of US social media platforms believe that US Law Section 230 of the Communications Decency Act of 1996, which “provides limited federal immunity to providers and users of interactive computer services,” gives the green light to all online publishing.
However, the EU Digital Services Act of 2024 does not recognize Section 230 as a free pass for digital platforms. Some distort and abuse the precious value of “freedom of speech” on social media, which can collide with and clash with other rights like the protection of freedom of religion, privacy, morality, child rights, and human dignity.
Reputations can be violated by online crimes such as libel, slander, theft of intellectual property, pornography, extortion, child abuse images, obscenity, streaming child sex abuse, or inciting violence endangering the public.
Although all these crimes are forbidden by law, these are flouted and ignored by Philippine telecommunication Internet service providers who consider themselves above the law. Some owners of social media platforms and Internet Service Providers (ISPs) allow and encourage these illegal activities in the name of “freedom of speech.”
Elon Musk, a self-proclaimed “free-speech absolutist,” as the owner of X (formerly Twitter), is in conflict with the judiciary of Brazil. Recently, a panel of Supreme Court justices supported their fellow Justice Alexandre de Moraes, in ordering the blocking of Elon Musk’s X platform in Brazil. The judge levied a daily fine of US$9000 against X until Musk obeys the law and appoints a country representative and removes hateful and extreme, right-wing content. Musk claims to be a “Free Speech Absolutist” and responded with insults and claimed the court decision was a violation of free speech.
The European Union has a strong law, The Digital Services Act of February 2024. It prohibits all offensive postings, under which Pavel Durov of Telegram was arrested and may be prosecuted. The Act will hold these platforms legally liable for their users’ unlawful behavior if they are aware of illegal content.
New proposed legislation in Europe, Australia, the United States, and some Asian countries will demand that minors show government-issued age verification IDs to access specific social media platforms. That may protect children, but it will not stop the live streaming of children being abused online. That needs vigorous enforcement of the Anti-OSAEC law, which the Philippines lacks.
