Topical issues of ensuring human rights on digital platforms

Abstract

The article deals with the constitutional understanding of the place modern Internet platforms play in ensuring human rights. Some problematic aspects of the topic are illustrated through the lens of Russian and foreign legal practice, which has developed in connection with the functioning of wellknown digital platforms and promotion of information rights, digital security and privacy rights, freedom of speech within the boundaries of popular social networks, video hosting platforms, online services. Particular attention is paid to the analysis of the latest novelties of Russian legislation aimed at regulating the status and new grounds for responsibility of digital platforms. The cornerstone question proposed by the author for discussion is the question of the best model of interaction between the state and digital platforms, as well as the conditions and limits of their responsibility for violations of human rights. The article analyzes the problem of inconsistency of terms of services with generally recognized standards of international human rights law, examines options for unifying the platform’s policies in relation to the content published on them, examines the phenomenon of “refusal of constitutional rights by contract”. Taking into account the deduced features of digital platforms as a space for the realization of human rights, the author’s view of the system of legal measures aimed at improving the standards of protecting human rights on digital platforms, is proposed as conclusions.