Session
Speaker 1: Pedro Lana, Technical Community, Latin American and Caribbean Group (GRULAC)
Speaker 2: Thobias Moura, Technical Community, Latin American and Caribbean Group (GRULAC)
Speaker 3: Jillian York, Civil Society, Western European and Others Group (WEOG)
Speaker 4: Paula Bernardi, Civil Society, Latin American and Caribbean Group (GRULAC)
Speaker 5: Flávio Wagner, Technical Community, Latin American and Caribbean Group (GRULAC)
Speaker 6: Monica Guise, Private Sector, Latin American and Caribbean Group (GRULAC)
Speaker 2: Thobias Moura, Technical Community, Latin American and Caribbean Group (GRULAC)
Speaker 3: Jillian York, Civil Society, Western European and Others Group (WEOG)
Speaker 4: Paula Bernardi, Civil Society, Latin American and Caribbean Group (GRULAC)
Speaker 5: Flávio Wagner, Technical Community, Latin American and Caribbean Group (GRULAC)
Speaker 6: Monica Guise, Private Sector, Latin American and Caribbean Group (GRULAC)
Moderator
Pedro Lana, Technical Community, Latin American and Caribbean Group (GRULAC)
Online Moderator
Pedro Lana, Technical Community, Latin American and Caribbean Group (GRULAC)
Rapporteur
Thobias Moura, Technical Community, Latin American and Caribbean Group (GRULAC)
Format
Roundtable
Duration (minutes): 90
Format description: The choice is strategic for optimizing the discussion on Internet intermediary liability, once it promotes a horizontal and participatory dialogue, essential for a multifaceted topic with global implications. The roundtable is particularly suitable as it facilitates the equitable contribution of all participants, regardless of their prior positions on intermediary liability, after an introductory facilitation by the invited speakers. Given that one of the main objectives is to generate recommendations for the IGF and other Internet governance processes, the interactive format of the roundtable is fundamental. It allows for the collaborative construction of knowledge, ensuring that the conclusions reflect a wide range of experiences and expertise.
Duration (minutes): 90
Format description: The choice is strategic for optimizing the discussion on Internet intermediary liability, once it promotes a horizontal and participatory dialogue, essential for a multifaceted topic with global implications. The roundtable is particularly suitable as it facilitates the equitable contribution of all participants, regardless of their prior positions on intermediary liability, after an introductory facilitation by the invited speakers. Given that one of the main objectives is to generate recommendations for the IGF and other Internet governance processes, the interactive format of the roundtable is fundamental. It allows for the collaborative construction of knowledge, ensuring that the conclusions reflect a wide range of experiences and expertise.
Policy Question(s)
A. How to balance attempts to regulate online harms without infringing on freedom of expression, fostering excessive censorship, or creating disproportionate barriers to innovation and the entry of new actors into the digital market?
B. In light of rapid technological changes and new challenges, which mechanisms should the multistakeholder approach incentivize to face the spread of misinformation, the large-scale use of artificial intelligence, and the need to protect children and adolescents online?
C. What principles and mechanisms can promote international harmonization of intermediary liability rules, while respecting local realities, cultures, and legal frameworks?
What will participants gain from attending this session? The workshop will debate Internet intermediary liability topic through analysis of the liability models, such as notice and judicial takedown, notice and takedown, notice and notice, and the unilateral removal of content, understanding their impacts in local, regional and global contexts. Furthermore, they will gain insights into the latest regulatory trends, including content monetization, the growing role of artificial intelligence, and the protection of children and adolescents in this landscape. By doing this it will enable the connection of local challenges to the international debate that is especially relevant when dealing with a global network, extracting lessons and strengthening cooperation in Internet governance. Attendees will also engage in a multi-stakeholder dialogue exploring the practical impacts of liability regimes and having the opportunity to be part of a discussion that may generate recommendations for global processes, actively contributing to shaping the future of Internet governance.
Description:
The workshop shed light on the key drivers of Internet intermediaries’ liability regarding third-party content that has an impact on Internet survival. Despite controversial regulatory proposals and judicial rulings, three emblematic cases stand out: the European Union and the Digital Services Act (DSA), which imposes strict content moderation obligations on platforms, the US dynamic changes in Section 230 (including recent shifts in positions regarding the digital ecosystem), and Brazil, where a recent ruling by the Federal Supreme Court (STF) sparked renewed debates over the limits of intermediary liability. These examples highlight the global tension between combating online harms and preserving principles such as freedom of expression, privacy, and innovation. The session will dissect critiques of “one-size-fits-all” liability frameworks, which risk conflating diverse intermediary roles (e.g., DNS operators, cloud services, social platforms) and incentivizing over-removal of lawful content. Case studies from multiple jurisdictions reveal systemic flaws: automated moderation tools prone to error, disproportionate burdens on infrastructure providers, and erosion of due process through extrajudicial takedowns. These approaches also risk fragmenting global Internet governance, as conflicting national laws destabilize the layered, function-specific liability model that underpins cross-border services.This workshop does not propose pre-packaged solutions but instead connects multistakeholder voices to debate effective pathways forward. By fostering dialogue, the goal is to identify emerging trends, identify best practices, and amplify the participation of developing countries in these critical discussions. The aim is to cultivate strategic debate, pinpoint areas of consensus, and mobilize stakeholders toward concrete actions that safeguard the Internet as a global common good.
The workshop shed light on the key drivers of Internet intermediaries’ liability regarding third-party content that has an impact on Internet survival. Despite controversial regulatory proposals and judicial rulings, three emblematic cases stand out: the European Union and the Digital Services Act (DSA), which imposes strict content moderation obligations on platforms, the US dynamic changes in Section 230 (including recent shifts in positions regarding the digital ecosystem), and Brazil, where a recent ruling by the Federal Supreme Court (STF) sparked renewed debates over the limits of intermediary liability. These examples highlight the global tension between combating online harms and preserving principles such as freedom of expression, privacy, and innovation. The session will dissect critiques of “one-size-fits-all” liability frameworks, which risk conflating diverse intermediary roles (e.g., DNS operators, cloud services, social platforms) and incentivizing over-removal of lawful content. Case studies from multiple jurisdictions reveal systemic flaws: automated moderation tools prone to error, disproportionate burdens on infrastructure providers, and erosion of due process through extrajudicial takedowns. These approaches also risk fragmenting global Internet governance, as conflicting national laws destabilize the layered, function-specific liability model that underpins cross-border services.This workshop does not propose pre-packaged solutions but instead connects multistakeholder voices to debate effective pathways forward. By fostering dialogue, the goal is to identify emerging trends, identify best practices, and amplify the participation of developing countries in these critical discussions. The aim is to cultivate strategic debate, pinpoint areas of consensus, and mobilize stakeholders toward concrete actions that safeguard the Internet as a global common good.
Expected Outcomes
This workshop will foster multistakeholder dialogue on balancing regulatory demands with digital rights. Participants will map risks posed by fragmented policies—such as censorship overreach, stifled innovation, and threats to privacy and freedom of expression—while identifying best practices to mitigate harms. Crucially, the workshop aims to create a roadmap for ongoing global collaboration to monitor trends, streamline debates, and advocate for policies that uphold the Internet’s openness and resilience. Outcomes will be documented to inform future IGF sessions and stakeholder initiatives.
Hybrid Format: The team has extensive experience in conducting both in-person and online workshops and is committed to a productive hybrid experience. The session on Internet intermediary liability will focus on policy questions, with the main moderator alternating between in-person and online interactions. An online moderator will ensure that relevant comments are included in real-time. Speakers will make concise 15-minute presentations, followed by open discussion for participant engagement. The goal is to create an inclusive environment where everyone feels comfortable sharing ideas and contributing to solutions.