Side-stepping rights: Regulating speech by contract - ARTICLE 19

In this policy brief, ARTICLE 19 puts forward that although social media companies are in principle free to restrict content on the basis of freedom of contract, they should respect human rights, including the rights to freedom of expression, privacy and due process. The policy sets out the applicable standards for the protection of freedom of expression online, particularly as they relate to social media companies, and lays down the key issues at stake from regulation of speech by contract. It provides analysis of selected Terms of Service of Google, Facebook, Twitter and Youtube and examines various policy options available to regulate social media platforms. Finally, ARTICLE 19 makes recommendations for how companies should respect basic human rights standards.