Intermediary liabilityIntermediary Liability and Content Regulation

“Intermediary liability” describes the allocation of legal responsibility to content providers of all kinds for regulated categories of content. The presumption against governments imposing intermediary liability on online platforms for user-generated content encourages user free expression, as well as platform innovation, and is often credited with facilitating the tremendous expansion of internet and mobile communications networks across the world. More recently, conversations around the regulation of platform “content moderation” practices has emerged as a related area of governmental focus.

GNI seeks to preserve and expand free-expression protections for individuals throughout the ICT value-chain. Since 2009, GNI has issued numerous statements highlighting the importance of intermediary protections, engaged in open government consultations, and called attention to and expressed concern about problematic laws, policies, and actions in a number of countries and contexts.  For instance, GNI has promoted good practices for companies and governments in addressing alleged terrorist or extremist content online while respecting human rights, informed by extensive multistakeholder consultation on this challenging topic.

In 2020, GNI released Content Regulation and Human Rights: Analysis and Recommendations,” a policy brief that analyzes more than 20 recent governmental initiatives that claim to address various forms of digital harm. The brief offers practical guidance for governments and other stakeholders on how to formulate and implement content regulations that are effective, fit-for-purpose, and enhance and protect the rights to freedom of expression and privacy.

GNI Statement on Protecting and Respecting Freedom of Expression and Privacy in the Context of Russia’s Invasion of Ukraine

March 18, 2022|feature, intermediary liability, Issues, issues highlight, media releases, network disruptions, News|

GNI joins the broader global community in expressing shock, opprobrium, and deep dismay about the unjustified Russian invasion of Ukraine. In addition to the physical attacks being perpetrated against Ukraine, the Russian government has taken active steps to undermine and restrict access to accurate information in Ukraine and Russia, as well as spreading disinformation and propaganda. GNI condemns all violations of the rights to freedom of expression unequivocally. Read more in our full statement.

Concerns About Draft Content Regulation in Bangladesh: Submission to BTRC

March 9, 2022|feature, intermediary liability, issues highlight, Publication, surveillance|

GNI recently submitted comment on the draft digital platform regulation from the Bangladesh Telecommunication Regulatory Commission (BTRC). GNI is concerned about the rushed process, including overlap with a similar proposal from the Ministry of Information and Broadcasting, as well as the risks to digital rights from the significant obligations in the draft regulation. GNI stands ready to engage with the BTRC in support of rights-respecting content regulation.

GNI Calls for Withdrawal of Draft Cybersecurity Law in Myanmar

January 31, 2022|feature, intermediary liability, Issues, issues highlight, surveillance|

GNI expresses serious concern about a recently proposed cybersecurity law in Myanmar, reaffirming and adding to concerns about a draft introduced by the military-led State Administrative Council last year. GNI calls on the authorities to revoke the legislation. Read more for ur analysis of the proposal.

GNI Signs Joint Letter Concerning Australian Basic Online Safety Expectations (BOSE)

November 12, 2021|intermediary liability, Issues, legal frameworks, Letter|

In November 2021, GNI signed onto a joint organization letter authored by DIGI and submitted to Australian officials in response to Australia’s proposed  Basic Online Safety Expectations (BOSE) Determination. The letter, which was co-signed by 11 organizations in Australia and internationally and is available for view here, details concerns regarding [...]

GNI Submission: Government of Canada’s Proposal for Addressing Harmful Content Online

September 27, 2021|feature, intermediary liability, Issues, issues highlight, media releases, surveillance|

Canada's leadership in supporting Internet freedom around the world could be undermined by the government’s recently proposed approach to content regulation. GNI expressed concerns about pressures to restrict content and facilitate access to user data in the current approach.

Human Rights Due Diligence and the Digital Services Act — GNI and CDT Roundtable and Public Event

September 15, 2021|feature, intermediary liability, Issues, issues highlight, media releases, Multimedia, Publication|

CDT Europe and GNI are pleased to share two reports from a recent closed-door expert roundtable and a public event looking at human rights due diligence in the tech policy sector and the DSA. Watch the public discussion or read the reports from both events.

GNI Letter and Analysis: Draft “Childhood Protection Law” in Colombia

August 30, 2021|feature, intermediary liability, Issues, issues highlight, Letter, media releases|

The protection of the rights of children and adolescents are important and admirable aims, which GNI fully supports. However, as drafted, the proposed "childhood protection law" poses significant risks for freedom of expression and privacy, reflecting a rushed process, and including vague definitions, broad enforcement authorities for the executive, and significant obligations for intermediaries, including content filters.

Concerning Draft Decree in Brazil Threatens the Civil Rights Framework for the Internet

August 2, 2021|feature, intermediary liability, Issues, issues highlight, media releases|

Given the significant constitutional, due process, human rights, and jurisdictional concerns that the draft presidential decree on freedom of expression and the Internet has generated, the undersigned organizations collectively call for it to be formally withdrawn.