Large-scale content moderation by private social media platforms

Abstract

Social media exert a massive control over all content that is posted by users, by algorithmic activity. In order to understand if the moderating activity is in accordance with the legal system, it is necessary to address the legal basis for the activity. Still, it appears that the traditional mechanisms for protecting citizens do not face the new challenges of the digital environment. These mechanisms are verified in the regulatory framework of social networks and in the legislative proposals for regulating content moderation. From the analysis of regulatory attempts to moderate content, an idea of regulation is presented, in order to ensure the expression of users and the reduction of removal of content, which is harmful to the public space. The methodology in relation to the line of approach refers to the phenomenological-hermeneutic method, by understanding the institutionalized content moderation in the legal system. From a procedural point of view, it is exploratory and monographic.