Free expression has become increasingly more defined by sector-specific benefits and drawbacks such as private internet companies (social media platforms), government and policymakers, civil society and third-party researchers, and the media and news industry. Each one of these sectors provides challenges against free expression, in an attempt to uphold the freedom of speech that is protected by free expression while also trying to mitigate harm. Understanding what each of these sectors are doing in an attempt to benefit and limit the limitations of free expression is important to make sure that free expression is not harmed during the digital age which we are in.
Private internet companies and social media platforms such as Instagram/Facebook, YouTube, and X (Twitter) provide users with the ability to share their voices and thoughts with people worldwide. This is a clear benefit as it allows people to rapidly share information with other users, though this benefit also has its limitations. The companies that provide these platforms face pressure to ensure that harmful content is moderated, which at first does not appear as a harmful idea for the platforms, but the way that the potentially harmful content is moderated is done so incorrectly. These platforms use broad policies and are inconsistent in the way that they moderate the potentially harmful content. In the article “How to Regulate (and Not Regulate) Social Media,” Jack Balkin explains that these platforms are now “information fiduciaries,” extending their responsibilities beyond ordinary measures and shaping public discourse themselves. An example of these problems can be seen in the Facebook Oversight Board Case (2021) which reviews the suspension of Donald Trump. The board criticized Facebook for its “indeterminate” penalty that did not directly follow its own rules. This example highlights the issue that the moderation process that platforms use often lacks transparency and does not provide specific standards. To help safeguard free expression, these platforms need to improve many aspects of their moderation process to allow for free expression to be protected. Clearly stated policies, increased oversight, improved appeal processes, and transparent standards are just a few of the ways that platforms can improve to help safeguard free expression.
Governments and policymakers are also important groups in protecting free expression by providing the legal framework around it. This sector provides benefits such as preventing censorship and making sure companies do not overly moderate their platforms. Though, government intervention can also bring additional problems. In the article “If Lawmakers Don’t Like Platforms’ Speech Rules, Here’s What They Can Do About It. Spoiler: The Options Aren’t Great” Daphne Keller argues that many proposed regulations either moderate too much. or compel platforms to keep harmful content up. The focus of governments and policymakers should be on preserving rights and providing transparency. The major blind spot of governments is failing to find the balance between over-moderation and none at all.
Civil society organizations and third-party researchers provide free expression with crucial watchdog functions and accountabilities. This sector highlights gaps in policies and investigates potential harmful moderation practices, advocating for user’s rights on platforms. An example of their work can be seen in the Facebook Oversight Board’s Policy Advisory Opinion on Sharing Private Residential Information, which used external experts’ evaluation on Facebook’s doxxing policies to determine that its safety protections did not over-restrict journalism reports. The blind spots for civil society groups and third-party researchers comes from their limited access to platform analytics. This sector can improve free expression safeguarding by calling for better transparency and access to platform data.
The media and news industry remains to be an important role model for free expression. The role that journalists fill informs the public of potential concerns, investigates power abuses, and pressures companies to address important issues. Though, journalists face political pressure, harassment, censorship and even violence for reporting on crucial issues. While protections for journalists exist, media outlets can often be affected by political pressure and sensationalism, weakening their trust with the public. For the media and news industry to safeguard free expression, they must continue to rigorously fact-check their reports as well as provide complete transparency in their sources. The main blind spot in this sector is the degradation of public trust, as a result of the spread of misinformation.