A/HRC/38/35
B.
Company moderation of content
Company compliance with national law
22.
Each company is committed in principle to comply with the local law where it does
business. As Facebook puts it: “If, after careful legal review, we determine that the content
is illegal under local law, then we make it unavailable in the relevant country or territory.”53
Tencent, the owner of the mobile chat and social media app WeChat, goes considerably
further, requiring anyone using the platform within China and Chinese citizens using the
platform “anywhere in the world” to comply with content restrictions that mirror Chinese
law or policy.54 Several companies also collaborate with one another and regulatory bodies
to remove images of child sexual abuse. 55
23.
The commitment to legal compliance can be complicated when relevant State law is
vague, subject to varying interpretations or inconsistent with human rights law. For
instance, laws against “extremism” which leave the key term undefined provide discretion
to government authorities to pressure companies to remove content on questionable
grounds.56 Similarly, companies are often under pressure to comply with State laws that
criminalize content that is said to be, for instance, blasphemous, critical of the State,
defamatory of public officials or false. As explained below, the Guiding Principles provide
tools to minimize the impact of such laws on individual users. The Global Network
Initiative, a multi-stakeholder initiative that helps ICT companies navigate human rights
challenges, has developed additional guidance on how to employ these tools.57 One tool of
minimization is transparency: many companies report annually on the number of
government requests they receive and execute per State. 58 However, companies do not
consistently disclose sufficient information about how they respond to government
requests, nor do they regularly report government requests made under terms of service. 59
Company moderation standards
24.
Internet companies require their users to abide by terms of service and “community
standards” that govern expression on their platforms.60 Company terms of service, which
users are required to accept in exchange for use of the platform, identify jurisdictions for
dispute resolution and reserve to themselves discretion over content and account actions. 61
Platform content policies are a subset of these terms, articulating constraints on what users
may express and how they may express it. Most companies do not explicitly base content
53
54
55
56
57
58
59
60
61
Facebook, Government requests: FAQs. See also Google legal removal requests; Twitter rules and
policies; Reddit content policy.
Tencent, Terms of Service: Introduction; Tencent, Agreement on Software License and Service of
Tencent Wenxin.
United Nations Educational, Scientific and Cultural Organization, Fostering Freedom Online: The
Role of Internet Intermediaries (Paris, 2014), pp. 56−57.
See Maria Kravchenko, “Inappropriate enforcement of anti-extremist legislation in Russia in 2016”,
SOVA Center for Information and Analysis, 21 April 2017; Danielle Citron, “Extremist speech,
compelled conformity, and censorship creep”, Notre Dame Law Review, vol. 93, No. 3 (2018), pp.
1035−1071.
Global Network Initiative, Principles on Freedom of Expression and Privacy, sect. 2. Social media
companies participating in the Initiative include Facebook, Google, Microsoft/LinkedIn and
Yahoo/Oath.
See paragraph 39 below. In addition, Automattic, Google, Microsoft/Bing and Twitter are among the
companies that regularly, although not necessarily comprehensively, post government takedown and
intellectual property requests to the Lumen database.
Ranking Digital Rights, 2017 Corporate Accountability Index, p. 28.
Jamila Venturini and others, Terms of Service and Human Rights: An Analysis of Online Platform
Contracts (Rio de Janeiro, Revan, 2016).
Baidu user agreement (“[We] remove and delete any content in this service based on Baidu’s own
discretion for any reason.”); Tencent terms of service (“We reserve the right to block or remove Your
Content for any reason, including as is in our opinion appropriate or as required by applicable laws
and regulations.”); Twitter terms of service (“We may suspend or terminate your account or cease
providing you with all or part of the Services at any time for any or no reason.”).
9
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