Abstract
Using the example of harmful speech online, this essay argues that duties to others—a core component of our humanness—require us to consider the impact our speech has on those who hear it. The widening availability of tools for sharing information and the rise of social media have opened up new avenues for individuals to communicate without the need for journalistic intermediaries. While this presents considerable opportunities for expression, it also means that there are fewer filters in place to manage the harmful effects of speech. Moreover, the structure of online spaces and the uneven legal frameworks that regulate them have exacerbated the effects of harmful speech, allowing mob behavior, harassment, and virtual violence, particularly against minority populations and other vulnerable groups.
Highlights
Using the example of harmful speech online, this essay argues that duties to others—a core component of our humanness—require us to consider the impact our speech has on those who hear it
Human rights law recognizes that individuals have “special duties and responsibilities” to ensure that they do not express themselves in ways that harm the rights of others
Human rights law typically envisions the individual as a bearer of rights rather than responsibilities,[3] individual duties have long played a role in international human rights law.[4]
Summary
Using the example of harmful speech online, this essay argues that duties to others—a core component of our humanness—require us to consider the impact our speech has on those who hear it. The widening availability of tools for sharing information and the rise of social media have opened up new avenues for individuals to communicate without the need for journalistic intermediaries While this presents considerable opportunities for expression, it means that there are fewer filters in place to manage the harmful effects of speech. Individuals have the right to free expression, but they should exercise that right in a way that seeks to mitigate the possible harms of their speech Recognizing such duties on the part of individual speakers could help to fill some of the gaps in efforts to respond to hate speech, for example speech that inflicts harm but falls short of violating domestic law or platform terms of service. The essay uses insights from cognitive science and psychology to argue that what is missing in the design of social media platforms are cues to remind users of their shared humanity and the responsibilities they have to one another
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