Overview

Ensuring effective protection of the freedom of expression on social media platforms is increasingly important, as more and more of our lives are being lived online, especially on social media. This thesis explores how social media companies protect freedom of expression online, and if their measures cohere with the same protections arising under international- and regional human rights law. This is done by exploring the scope of social media platforms' guidelines regarding the freedom of expression, and the scope and application of international- and regional human rights law. Then comparing if the measures social media platforms have adopted align with international- and regional regulations. Furthermore, it briefly delves into possible solutions to the problems found in the analysis. It can be concluded that international-and regional human rights law leaves the direct regulation of social media platforms outside its reach. International- and regional institutions try to push States to regulate nationally, but this poses a problem with a decentralized system of regulation. The regional institution seeks to implement new regulation that aims to bind social media companies to protect the freedom of expression, and implement consequences when the companies do not comply. However, companies seem to have an interest in aligning with international- and regional human rights law, even if they are not legally bound by it. It is good that social media companies seem to align their measures with already existing legally binding human rights laws, but it is a precarious situation. As long as companies are left to self-regulate, their alignment with international and regional human rights law can change at any time. This creates a fragile foundation for the freedom of expression of the users of social media platforms.

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