Yannic Blaschke at EDRI: “Violations of human rights online, most notably the right to data protection, can pose a real threat to electoral security and societal polarisation. In this series of
In the first part of this series, we analysed the failure of the Council of the European Union to connect the obvious dots between ePrivacy and disinformation online, leaving open a security vulnerability through a lack of protection of citizens. However, a failure to act is not the only front on which the EU is potentially weakening our security on- and offline: on the contrary, some of the EU’s more actively pursued digital policies could have unintended, yet serious consequences in the future. Nowhere is this trend more visible than in the recent trust in filtering algorithms, which seem to be the new “censorship machine” that is proposed as a solution for almost everything, from copyright infringements to terrorist content online.
Article 13 of the Copyright Directive proposal and the Terrorist Content Regulation proposal are two examples of the attempt to regulate the online world via algorithms. While having different motivations, both share the logic of outsourcing accountability and enforcement of public rules to private entities who will be the ones deciding about the availability of speech online. They, explicitly or implicitly, advocate for the introduction of technologies that detect and remove certain types of content: upload filters. They empower internet companies to decide which content will stay online, based on their terms of service (and not law). In a nutshell, public institutions are encouraging Google, Facebook and other platform giants to become the judge and the police of the internet. In turn, they undermine the presumption that it should be democratically legitimise states, not private entities, who are tasked with the heavy burden of balancing the right to freedom of expression.
Even more chilling is the outlook of upload filters creating new entry points for forces that seek to influence societal debates in their favour. If algorithms will be the judges of what can or cannot be published, they could become the target of the next wave of election interference campaigns, with attackers instigating them to take down critical or liberal voices to influence debates on the internet. Despite continuous warnings about the misuse of personal data on Facebook, it only took us a few years to arrive at the point of Cambridge Analytica. How long will it take us to arrive at a similar point of election interference through upload filters in online platforms?
If we let this pre-emptive and extra-judicial censorship happen, it would likely result in severe detriments to the freedom of speech and right to information of European citizens, and the free flow of information would, in consequence, be stifled. The societal effects of this could be further aggravated by the introduction of a press publishers right (Article 11 of the Copyright Directive) that is vividly opposed by the academic world, as it will concentrate the power over what appears in the news in ever fewer hands. Especially in Member States where media plurality and independence of bigger outlets from state authorities are no longer guaranteed, a decline in societal resilience to authoritarian tendencies is unfortunately easy to imagine.
We have to be very clear about what machines are good at and what they are bad