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Publication of new CCJHR Working Paper

29 Apr 2025

The CCJHR is pleased to announce the publication of a new Working Paper.

Chilombo Mukena, a graduate of the LL.M. in International Human Rights Law and Public Policy at University College Cork, has published a Working Paper with the CCJHR titled "Intermediaries as co-regulators: an analysis of the EU Digital Services Act as an approach to the regulation of hate speech online".

The abstract reads as follows:

"In today’s digitised world, democratic discourse is largely held online with online platforms constituting the new public sphere. Intermediaries such as conduit services, caching services and hosting services such as social media platforms, web hosting platforms, content delivery networks and search engines have become synonymous with the internet itself and wield great control over the online environment. The shift of democratic discourse onto online platforms operated by these intermediaries presents unique challenges for fundamental rights and particularly the freedom of expression. This work brings into focus tensions between hate speech and the freedom of expression in the online public sphere and the role of intermediaries, which are primarily operated by privately owned businesses, in determining the acceptable limits of expression online through content moderation. The paper analyses the EUs Digital Services Act 2024 as an approach to regulating intermediary activities in that regard and whether it can provide a regulatory structure for a global approach. The paper also analyses the possibilities for an African regional approach to regulating hate speech online by applying the African moral philosophical principles of ubuntu. The overall aim of this paper is to highlight the need for a common approach to the regulation of content moderation activities which upholds international human rights law standards by placing clear obligations on intermediaries as duty bearers."

The full Working Paper can be downloaded here: CCJHR WPS No 27 Chilombo Mukena Intermediaries as co-regulators April 2025

Past CCJHR Working Papers can be found here.

Centre for Criminal Justice and Human Rights

School of Law, University College Cork, Ireland

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