ABSTRACT
This paper explores the intricate dynamics of freedom of speech in an age where social media has become the dominant and prevalent tool for communication, in contrast to the traditional means of communication. It explores the challenges as well as the regulatory frameworks for free speech via these social media platforms. This paper is a contribution to the ongoing discourse on maintaining the sanctity of free speech in our rapidly evolving digital world.
Freedom of speech is an exercise of the right to freedom of expression, the right to articulate opinions and ideas without interference, retaliation or punishment from anybody or authority. It includes freedom to hold opinions and ideas and to receive and impart information without fear of reprisal or threat. It is one of the fundamental civil and political rights that constitutes the essential foundations for the development of every human being in a democratic society.
With the advent of the internet and social media, communication, access to information, and modes of expression have been transformed and is now more complex. Social media has ingrained itself in modern society and has become the dominant medium for the exchange of news and information, providing people with an unparalleled opportunity to disseminate their ideas, opinions, and thoughts to a global audience.
This paper therefore aims to highlight the nature of the right to freedom of speech in this contemporary digital age, presenting a contrast between traditional media and digital media, and exploring the challenges as well as regulations surrounding this right in the digital world.
Freedom of Speech in a Digital Age: A Contrast Between the Traditional Media and Present-Day Social Media
Traditional media for much of the 20th century, operated within a relatively stable framework where newspapers, radio and television, were the primary sources of news and information for the public. These mediums were characterized by a one-to-many communication model, where a relatively small number of news organizations had control over what information was disseminated to the public.
However, with the emergence of the internet and the rise of social media platforms such as Facebook, X (formerly Twitter), Instagram, Reddit, LinkedIn, WhatsApp, TikTok, Snapchat etc., the media landscape has dramatically changed. These social media platforms have democratized information dissemination, enabling a many-to-many communication model where anyone with access to the internet can speak, create, publish and share contents with little to no restrictions.
The media landscape has undergone a significant transformation, marked by a profound shift from traditional media outlets such as newspapers, radio, and television to digital platforms including social media, blogs, and online news sources.
While the shift has altered the way information is disseminated and opened up new opportunities for diverse voices and perspectives, promoting freedom of speech and expression, it has also introduced significant challenges. These challenges shall, thus, be fully examined below.
Challenges arising from information dissemination In The Digital Age
The challenges on the freedom of speech on social media include but is not limited to;
1. Hate speech
2. Fake news and disinformation
3. Cyberbullying
4. Online censorship and content moderation
5. Invasion of Data Privacy and Intellectual Property Rights Concerns
6. Artificial Intelligence and Algorithmic Decision-Making
1. Hate Speech
Hate speech means abusive or threatening speech or writing that expresses prejudice on the basis of ethnicity, religion, sexual orientation, or similar grounds. The online world has enabled the spread of hateful, inciting, abusive speech and harassment, causing harm to individuals and communities. For example, in 2018, Amnesty International published a research which reveals that violence and abuse against women flourish on Twitter, often with little accountability.
This research by Amnesty International therefore, reveals the challenge hate speech poses to free speech on social media.
2. Fake News and Disinformation
The digital age has made it easy to spread information, leading to concerns about the quality truth and accuracy of information. The proliferation of fake news has become major issues and poses serious challenges to states and government, most state authorities hide under the umbrella of fake news censorship to ban social media platforms and stifle free speech. In 2021, X (formerly Twitter) was banned in Nigeria by president Buhari on the grounds of it being used as an instrument of fake news and disinformation.
3. Cyberbullying
Cyber bullying is the use of electronic communication to bully a person, typically by sending messages, photos and videos of an intimidating or threatening nature. The effects of cyberbullying can result in enduring feelings of embarrassment, and it has serious effects on the mental health of users of these platforms, posing a serious threat to freedom of speech/expression.
4. Online censorship and content moderation
Content moderation refers to the process of reviewing and managing online contents to ensure it meets community standards or guidelines. Online censorship refers to the suppression or removal of online contents by media/technology companies.
Online censorship and content moderation raises concerns about freedom of speech, this happens when legitimate speech/expression is suppressed, unclear content moderation guidelines and policies which are influenced by personal or political bias of private companies acting as “speech police”.
A vivid example was the permanent suspension of Donald Trump’s Twitter account in 2021, on the grounds that it was contrary to Twitter guidelines and tended towards violence incitement.
5. Data Privacy and Intellectual Property Rights Concerns
The digital age has exacerbated issues surrounding invasion of privacy and intellectual property rights concerns. The proliferation of user-generated content on platforms like YouTube, TikTok, and Instagram raises issues and concerns about ownership, licensing, and the use of copyrighted material. All these can lead to self-censorship and chilling effects on free speech.
6. Artificial Intelligence and Algorithmic Decision-Making
AI-generated content and algorithmic bias raise concerns about free speech and censorship. The algorithms that drive content distribution on many digital platforms prioritize engagement and can often amplify sensational or polarizing content, regardless of its veracity, which also poses a threat/challenge to free speech and expression.
Regulations on Freedom of Speech
The right to freedom of expression is not sacrosanct, it is subject to legal/regulatory restrictions. The relevant regulatory frameworks on free speech will be fully examined below;
1. International laws and treaties
2. National/Domestic laws
3. Platform-specific policies and guidelines
1. International laws and treaties
International laws and Treaties such as The Universal Declaration of Human Rights (UNDHR) and the International Covenant on Civil and Political Rights (ICCPC) protect freedom of speech as well as regulate the exercise of these rights. These treaties also serve as a foundation for national laws and regulations.
Article 19 of the UNDHR recognizes freedom of speech as a fundamental right which should be universally protected, subsequent international agreements have recognised there are limits to this right. For example, the European Convention on Human Rights (ECHR), adopted in 1950, particularly Article 10 of the Convention, clearly state that the right may be limited by law.
2. National/Domestic laws
National or domestic laws protect as well as regulate freedom of speech and expression on media platforms. In Nigeria, Section 39 (1) of the 1999 Constitution protects of freedom of speech. Section 46 of the Constitution permits the making of laws that limit free speech so long as they are reasonably justifiable in a democratic society in the interest of public safety and order, and for the purpose of protecting the rights and freedoms of other persons. A good example of such laws are the Copyright Act (2022) and Cybercrime Act (2015), particularly Section 24 of the Act.
In the U.S, the First Amendment forms the bedrock for freedom of speech even on social media. In the UK, the right to freedom of expression is guaranteed, however, this right is subject to a range of restrictions, as noted in the Human Rights Act 1998 which incorporated Article 10 of the ECHR into domestic law.
3. Platform-specific policies and guidelines
Social media platforms like Facebook, WhatsApp, Instagram, X (formerly Twitter’s), Linkedin etc., have specific guidelines, community standards and specific policies, including terms of service, user terms etc., that regulate online speech and discourse, especially to prevent speeches that tend towards hate and incitement of violence.
CONCLUSION/RECOMMENDATION
Freedom of speech in the digital age faces significant challenges. Finding a balance between free expression and regulation is essential. By understanding the complexities of this issue, we can work towards protecting freedom of speech in the online world. This requires a multifaceted approach that involves governments, corporations, civil society, and individuals to regulate online speech without stifling free speech, in order to ensure that the digital age enhances rather than undermines freedom of speech.
REFERENCES
1. Freedom of Speech in the age of Social Media ( fb-firm.com, Aug 5 | 2021)
2. Frequently Asked Questions – Free Speech – Iowa State University.
3. Freedom of Speech in the Digital Age: A Critical Examination of Private Power and Public Rights (Douglas C Youvan, Dec. 2023).
4. The Right to Share: Principles on Freedom of Expression and Copyright in the Digital Age (International Standards Series)
5. Threats to Free Expression in the Digital Age (By Md Nurul Momen, July 2020)
6. MEDIA LAW AND FREEDOM OF EXPRESSION: CHALLENGES IN THE DIGITAL AGE September 11, 2023 Jazba Awais
7. Freedom of Expression (Amnesty International)
8. Online hate speech.Wikipedia
9. Cyberbullying: What is it and how to stop it – UNICEF
10. Freedom of expression online: Communications and Digital Committee report (Russell Taylor Sarah Tudor || October, 2022)
About the Author
*Emmanuel Uzodinma* is a 400 level law student of the University of Calabar, with a keen interest and passion in Advocacy, legal research and writing, and has a number of legal publications to his credit. He has served in various significant leadership capacities
including:
– LAWSAN State Director of Programs, Policies and Projects, Cross River State,
– National Publicity Secretary, Christian Law Students Fellowship Of Nigeria (CLASFON),
– Campus Director of Legal Ideas Forum (LIFIN) at UNICAL Chapter, etc.