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2017 R.R.D.E. 77 (2017)
Freedom of Expression Online: The Code of Conduct on Countering Illegal Hate Speech Online

handle is hein.journals/rianrwioe15 and id is 557 raw text is: Freedom of expression online The Code of Conduct on Countering Illegal 'Hate Speech' Online Dr. Adina PORTARU* ABSTRACT Freedom of expression is undoubtedly one of the most fundamental freedoms in the constitutional structure of any democracy, underpinning, inter alia, the vital ability of citizens to speak out without fear of repercussion. Accordingly, the right to speak freely features prominently in a[[ international human rights treaties. However, freedom of expression, particularly in the online sphere, is questioned and limited through soft-law and voluntary arrangements, such as terms of service of private companies. On 31 May 2016 the European Commission and IT companies Facebook, Twitter, YouTube, and Microsoft presented the Code of Conduct on countering illegal 'hate speech' online ('Code of Conduct'), which includes a series of commitments to combat the spread of illegal 'hate speech' online in Europe. Given its breath and the commitments it puts forward, the Code of Conduct is likely to have a significant impact on free speech in the digital area by putting companies into the role of free speech regulators. The present article assesses the Code of Conduct and its commitments, with a particular focus on freedom of expression. It wi[[ also look into the first three reports on the implementation of the Code of Conduct, which give a glimpse on the consequences and legal questions triggered by the privatization of regulating speech. The article wi[[ outline that any [imitation on speech rights needs to be firmly grounded in the law; it cannot be based on voluntary terms of service or codes of conduct with arbitrary implementation and lacking legal redress, and that the regulation of speech should not be outsourced to private and unaccountable actors. REZIUMAT Libertatea de exprimare este, fWr6 Tndoia[6, una dintre ce[e mai importante [ibertti din structura constitutiona[l a oric~rei democratii, care sustine, printre Legal Counsel with ADF International in Brussels. DOCTRINAI REVISTA ROMINA DE DREPT EUROPEAN NR. 4/2017177

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