“The recent measures for adjustments of its fact-checking policy taken by META, which were preceded by similar measures taken by X, may have adverse implications for human rights. Platforms must not retreat from facts. If they do so, they create a vacuum where disinformation thrives unchecked and the harm to democracy is deep,” said today the Council of Europe Commissioner for Human Rights, Michael O’Flaherty.
“At the heart of this controversy lies a fundamental tension: how to curb the spread of harmful speech while safeguarding freedom of expression and protecting human rights for all. This challenge is not new, but it has taken on greater urgency in current times, where harmful speech can spread faster than corrections, and content-shaping algorithms often amplify the most polarising messages. Sometimes such harmful speech comes from state actors or personalities close to them, making the risks to democracy even bigger.
It is important to stress that combating falsehoods and preventing the spread of hateful or violent messages is not censorship. It is a commitment to protecting human rights.
As reflected by the case-law of the European Court of Human Rights, respect for individual’s dignity is the foundation of a democratic, pluralistic society. Therefore, states can limit or prevent speech that spreads or supports hatred based on intolerance, as long as interferences are proportionate to the legitimate aim. The prevention of harmful speech is also enshrined in the International Covenant on Civil and Political Rights which prohibits “any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence”.
On this basis, states have adopted international human rights norms to guide their authorities and private companies in balancing freedom of speech with the obligation to protect against harm. These legal standards emphasise that measures to combat disinformation must meet the criteria of legality, necessity and proportionality. They also call for transparency, accountability and a commitment to uphold human rights.
I urge Council of Europe member states to redouble their efforts and demonstrate principled leadership in enforcing these legal standards by ensuring that internet intermediaries mitigate the systemic risks of disinformation and unchecked speech. This includes requiring greater transparency in content moderation practices including in the deployment of algorithmic systems. At the same time, state measures must remain grounded in international human rights norms to prevent overreach that could stifle legitimate expression. Indeed, transparency and accountability are the antidotes to both disinformation and overreach.
The goal is to protect human rights for all by striking a balance that upholds freedom of expression within its well-established limitations. As debates on content moderation continue, state actors, platforms and civil society should work genuinely together to uphold human rights and democratic principles.”
