Session
Software Freedom Law Center
Angela Thomas, Software Freedom Law Center, Civil Society Organisation
Angela Thomas, Software Freedom Law Center, Civil Society Organisation
Organization's Website
Speakers
Angela Thomas, Software Freedom Law Center, India, Civil Society Organisation
Onsite Moderator
Angela Thomas, Software Freedom Law Center, Civil Society Organisation
Rapporteur
Angela Thomas, Software Freedom Law Center, Civil Society Organisation
SDGs
9. Industry, Innovation and Infrastructure
9.c
16. Peace, Justice and Strong Institutions
16.10
16.3
17. Partnerships for the Goals
17.17
Targets: Goal 9: Build Resilient Infrastructure, Promote Inclusive and Sustainable Industrialization, and Foster Innovation 9.c – Significantly increase access to information and communications technology and strive to provide universal and affordable access to the Internet. The session will explore how stringent content liability laws are causing platforms to withdraw from certain jurisdictions, thereby restricting access to information and communication technologies. Examples like Google's exit from China and Telegram bans in various countries illustrate how overly restrictive legal environments can fragment digital ecosystems. By examining the impact of these laws on platform operations, the discussion will underscore the need for regulatory frameworks that balance accountability with digital accessibility and innovation. Goal 16: Promote Peaceful and Inclusive Societies, Provide Access to Justice, and Build Accountable Institutions 16.3 – Promote the rule of law at national and international levels and ensure equal access to justice for all. The session explores how governments are increasingly imposing legal liabilities on digital platform executives, sometimes circumventing traditional safe harbor protections. By analyzing legal frameworks, intermediary liability, and the doctrine of the corporate veil, the discussion contributes to the broader understanding of how the rule of law is being applied (or misapplied) in digital governance. It also examines whether these measures align with international legal standards and due process. Target 16.10 – Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements. The session directly addresses the chilling effect that increased liability laws have on digital platforms, leading to over-compliance and preemptive censorship. Governments pressuring platforms to rapidly remove content under threat of prosecution can undermine free speech, access to diverse viewpoints, and the right to information. By highlighting real-world cases such as the suspension of Platform X in Brazil and Telegram's legal challenges, the discussion will emphasize the importance of upholding fundamental freedoms in the digital space. Goal 17: Strengthen Global Partnerships for Sustainable Development Target 17.17 – Encourage and promote effective public, private, and civil society partnerships. The discussion will highlight the role of partnerships in shaping balanced content moderation policies. It will encourage dialogue between governments, technology companies, and advocacy groups to develop fair and effective regulatory measures that protect both platform accountability and users’ rights.
9.c
16. Peace, Justice and Strong Institutions
16.10
16.3
17. Partnerships for the Goals
17.17
Targets: Goal 9: Build Resilient Infrastructure, Promote Inclusive and Sustainable Industrialization, and Foster Innovation 9.c – Significantly increase access to information and communications technology and strive to provide universal and affordable access to the Internet. The session will explore how stringent content liability laws are causing platforms to withdraw from certain jurisdictions, thereby restricting access to information and communication technologies. Examples like Google's exit from China and Telegram bans in various countries illustrate how overly restrictive legal environments can fragment digital ecosystems. By examining the impact of these laws on platform operations, the discussion will underscore the need for regulatory frameworks that balance accountability with digital accessibility and innovation. Goal 16: Promote Peaceful and Inclusive Societies, Provide Access to Justice, and Build Accountable Institutions 16.3 – Promote the rule of law at national and international levels and ensure equal access to justice for all. The session explores how governments are increasingly imposing legal liabilities on digital platform executives, sometimes circumventing traditional safe harbor protections. By analyzing legal frameworks, intermediary liability, and the doctrine of the corporate veil, the discussion contributes to the broader understanding of how the rule of law is being applied (or misapplied) in digital governance. It also examines whether these measures align with international legal standards and due process. Target 16.10 – Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements. The session directly addresses the chilling effect that increased liability laws have on digital platforms, leading to over-compliance and preemptive censorship. Governments pressuring platforms to rapidly remove content under threat of prosecution can undermine free speech, access to diverse viewpoints, and the right to information. By highlighting real-world cases such as the suspension of Platform X in Brazil and Telegram's legal challenges, the discussion will emphasize the importance of upholding fundamental freedoms in the digital space. Goal 17: Strengthen Global Partnerships for Sustainable Development Target 17.17 – Encourage and promote effective public, private, and civil society partnerships. The discussion will highlight the role of partnerships in shaping balanced content moderation policies. It will encourage dialogue between governments, technology companies, and advocacy groups to develop fair and effective regulatory measures that protect both platform accountability and users’ rights.
Format
Lightning Talk
Duration (minutes)
30
Description
In an era where governments are increasingly holding platform owners and employees personally accountable for user-generated content, the landscape of digital free speech is rapidly evolving. Recent events, such as the arrest of Telegram CEO Pavel Durov and the suspension of platform X (formerly Twitter) in Brazil, demonstrate how authorities are compelling digital platforms to comply with content moderation laws under the threat of legal consequences. From account takedowns to potential imprisonment, intermediaries are being forced to navigate a precarious balance between safeguarding employee safety and upholding users' rights to free expression.
This session will critically examine the trend of imposing personal liability on platform executives and employees, analyzing its impact on free speech and the broader digital ecosystem. Governments worldwide, including the U.K., have introduced legislative proposals to fine or prosecute senior executives for failure to remove specific types of content within tight deadlines. These measures create a "hostage-taking" effect, where legal authorities use liability statutes to pressure platforms into swift compliance, often at the expense of open discourse.
The session will also explore the legal principles behind intermediary liability, the doctrine of the corporate veil, and when it may be pierced to hold executives personally responsible. While intermediaries traditionally enjoy safe harbor protections, there is an increasing tendency for governments to bypass these safeguards, leading to pre-emptive censorship and content over-policing by platforms. This chilling effect on speech has also driven some social media companies to withdraw from certain jurisdictions, as seen with Google’s exit from China and the bans imposed on Telegram in various countries.
The session aligns with the sub-theme "[Building] Digital Trust and Resilience" as it explores the increasing personal liability imposed on platform owners and employees for user-generated content. This issue directly impacts rights and freedoms, as it raises concerns about how legal pressures on digital platforms can lead to over-compliance and a chilling effect on free speech. Additionally, it falls under media and content governance, as governments worldwide are enforcing stricter regulations on content moderation, sometimes compelling platforms to take excessive actions to avoid legal repercussions. The session will also touch on regulatory diligence, analyzing the balance between platform accountability and intermediary protections under existing legal frameworks. By addressing these concerns, the discussion contributes to a broader understanding of how evolving regulations shape digital governance, trust, and resilience in online spaces.
Link: https://sflc.in/beyond-safe-harbor-the-rise-of-personal-liability-in-pl…
To facilitate meaningful interaction between onsite and online participants, the session will be carefully structured to ensure inclusivity and engagement. A dedicated moderator will manage the discussion, alternating between onsite and online participants to create a balanced dialogue. Online attendees will be able to submit questions and comments via a live chat feature, which the moderator will actively monitor and integrate into the discussion. To enhance accessibility, all participants will have access to presentation slides and multimedia materials shared during the session. Online participants will be encouraged to submit questions via live chat so their voices are included in real time. In the second segment panelists will share insights on counter-strategies, followed by an open discussion where both onsite and online participants can actively collaborate. Online participants will engage via live chat, contributing their perspectives, sharing lived experiences, and proposing alternative strategies. The integration of multimedia elements and engagement tools will create an immersive experience for both onsite and online participants. To further enhance participation, the session will incorporate live streaming, allowing broader accessibility beyond IGF attendees.
To facilitate meaningful interaction between onsite and online participants, the session will be carefully structured to ensure inclusivity and engagement. A dedicated moderator will manage the discussion, alternating between onsite and online participants to create a balanced dialogue. Online attendees will be able to submit questions and comments via a live chat feature, which the moderator will actively monitor and integrate into the discussion. To enhance accessibility, all participants will have access to presentation slides and multimedia materials shared during the session. Online participants will be encouraged to submit questions via live chat so their voices are included in real time. In the second segment panelists will share insights on counter-strategies, followed by an open discussion where both onsite and online participants can actively collaborate. Online participants will engage via live chat, contributing their perspectives, sharing lived experiences, and proposing alternative strategies. The integration of multimedia elements and engagement tools will create an immersive experience for both onsite and online participants. To further enhance participation, the session will incorporate live streaming, allowing broader accessibility beyond IGF attendees.