RightsCon 2014: Privatized Enforcement and Corporate Censorship
Channel: European Digital Rights
Date: 26/01/2015

Privatized Enforcement and Corporate Censorship: The Future of Freedom of Expression

Lucy Purdon, Programme Support Manager, IHRB
Joe McNamee, Executive Director, EDRi
Gabrielle Guillemin, Legal Officer Article 19
Anita Ramasastry, Law Professor at The University of Washington and IHRB Research Fellow
Jillian York, Director of International Freedom of Expression, Electronic Frontiers Foundation
Derek Slater, Policy Analyst, Google

Companies can often face pressure from both State and non-State actors to behave in a way that has a negative impact on freedom of expression, such as censoring content on a "voluntary" basis. Such actions are generally based on a company's terms and conditions rather than enshrined in law. Not least because the impetus for such measures comes partly or wholly from outside the company, it can often be difficult to know where to draw the line or act with consistency. In this environment, how can companies ensure voluntary initiatives are effective, necessary and proportionate and avoid unintended consequences? What does a healthy intervention look like? This session drew on European and US examples to illustrate how some voluntary measures can be bad for business and bad for rights. The discussion was intended as the beginning of a process to develop a respected framework to help companies deal with these complex challenges.