Right Vision, Wrong Expectations: The European Union and Self-regulation of Harmful Internet Content

Abstract

The regulation of ‘harmful Internet content’ is problematic for states. In trying to balance growing public concerns regarding the effects of harmful content with respect of the fundamental right to freedom of expression, the European Union (EU) has promoted self-regulation. This article argues that the EU position follows the right (and inevitable) direction in the light of the legal limitations harmful Internet content places on state regulation. EU action in support for regulation developed by decentralised and heterogeneous communities of the Internet is reviewed. In practice, this self-regulation is not aimed at defining and prohibiting the distribution of specific content, but rather at providing the technical and legal means to allow the user or group of users to personally decide which content to receive or access. It is argued here that EU expectations of self-regulation are based on two false premises: that the regulation of harmful content is similar to the regulation of illegal content; and that self-regulation can achieve the same goals as a centralised and direct regulatory system. The consequences of unrealistic EU expectations are that the EU is embarking on wrong directions in newly proposed actions and is losing the opportunity to participate more effectively in the regulation of harmful Internet content.