Reducing Online Hate Speech The Internet and social media have revolutionized the production, consumption, and Recommendations for Social Media flow of information around the world, allowing billions of people to interact with one another and to exchange views and ideas. Unfortunately, the same digital platforms Companies and Internet Intermediaries also facilitate the circulation of harmful content, including online hate speech, and its Companies and Internet Intermediaries Recommendations for Social Media Reducing Online Hate Speech dissemination on an unprecedented scale at remarkable speed. Addressing the harmful consequences of online hate speech poses a unique regulatory challenge, because such speech is typically hosted on private platforms that operate in digital space and outside the control of most national governments. The present publication contains the results of a joint research project undertaken by the Israel Democracy Institute (IDI) and Yad Vashem, with the goal of supporting efforts by social media companies and other internet intermediaries to formulate policies and policy guidelines that can reduce online hate speech. The first part consists of the IDI/Yad Vashem Recommendations for Reducing Online Hate Speech: sixteen Editor: Yuval Shany Editor: Yuval recommendations, developed by a team of senior international experts in the field, which are meant to serve as the basis of policy guidelines for social media companies and internet intermediaries. The second part consists of studies by members of the research team—Tehilla Shwartz-Altshuler (IDI) and Mr. Rotem Medzini (IDI), Prof. Karen Eltis (University of Ottawa) and Dr. Ilia Siatitsa (Geneva Academy of Human Rights and International Humanitarian Law), and Prof. Susan Benesch (Berkman Klein Center, Harvard University)—that analyze online platforms’ current policies and the legal frameworks in which they operate, and propose directions for future reforms. The recommendations and research papers can inform the current debates about the regulation of online speech and influence the positions of the stakeholders who participate in such debates—governments, international organizations, academia, civil society, the technology sector, the media, and the public at large. Editor: Yuval Shany ISBN: May 2020 www.en.idi.org.il 978-965-519-294-0 Reducing Online Hate Speech Recommendations for Social Media Companies and Internet Intermediaries Editor: Yuval Shany Text Editor: Lenn Schramm Series and Cover Design: Studio Tamar Bar Dayan Typesetting: Ronit Gilad, Nadav Shtechman Polischuk Cover illustration: Shutterstock ISBN 978-965-519-294-0 No portion of this book may be reproduced, copied, photographed, recorded, translated, stored in a database, broadcast, or transmitted in any form or by any means, electronic, optical, mechanical, or otherwise. Commercial use in any form of the material contained in this book without the express written permission of the publisher is strictly forbidden. Copyright © 2020 by the Israel Democracy Institute (RA) and by Yad Vashem Printed in Israel The Israel Democracy Institute 4 Pinsker St., P.O.B. 4702, Jerusalem 9104602, Israel Tel: (972)-2-5300-800; Fax: (972)-2-5300-867 E-mail: [email protected] Website: en.idi.org.il Yad Vashem Har Hazikaron, P.O.B. 3477, Jerusalem 9103401, Israel Tel: (972) 2 6443400; Fax: (972) 2 6443569 Email: [email protected] Website: www.yadvashem.org The views expressed in this book do not necessarily reflect those of the Israel Democracy Institute or those of Yad Vashem. THE ISRAEL DEMOCRACY INSTITUTE The Israel Democracy Institute (IDI) is an independent center of research and action dedicated to strengthening the foundations of Israeli democracy. IDI works to bolster the values and institutions of Israel as a Jewish and democratic state. A non-partisan think-and-do tank, the institute harnesses rigorous applied research to influence policy, legislation and public opinion. The institute partners with political leaders, policymakers, and representatives of civil society to improve the functioning of the government and its institutions, confront security threats while preserving civil liberties, and foster solidarity within Israeli society. The State of Israel recognized the positive impact of IDI’s research and recommendations by bestowing upon the Institute its most prestigious award, the Israel Prize for Lifetime Achievement. YAD VASHEM Yad Vashem, the World Holocaust Remembrance Center, is the ultimate source for Holocaust education, documentation, commemoration and research. From the Mount of Remembrance in Jerusalem, Yad Vashem's integrated approach incorporates meaningful educational initiatives, groundbreaking research and inspirational exhibits. Its use of innovative technological platforms maximizes accessibility of the vast information in the Yad Vashem archival collections for an expanding global audience. With comprehensive websites in eight languages, Yad Vashem strives to meet the growing global demand for accurate and meaningful information about the Holocaust. In addition, Yad Vashem's active presence in social media offers unprecedented opportunities for rapidly communicating ideas, sharing relevant content, and engaging with and connecting to a broad and diverse public. Yad Vashem is at the forefront of unceasing efforts to safeguard and share the memory of the victims and the events of the Shoah period; to document accurately one of the darkest chapters in the history of humanity; and to grapple effectively with the ongoing challenges of keeping the memory of the Holocaust relevant today and for future generations. Table of Contents Contributors 7 Preface Yuval Shany 9 A Proposed Basis for Policy Guidelines for Social Media Companies and Other Internet Intermediaries IDI–Yad Vashem Recommendations for Reducing Online 13 Hate Speech Dealing with Hate Speech on Social Media: Towards an Interoperable Model for Addressing Racism and 25 Strengthening Democratic Legitimacy Rotem Medzini, Tehilla Shwartz Altshuler Realigning the Law to Better Uphold the State’s Duty to Protect Human Rights: Towards an Interoperable Model for Addressing Racism and Strengthening Democratic Legitimacy Karen Eltis, Ilia Siatitsa 187 Proposals for Improved Regulation of Harmful Online Content Susan Benesch 247 7 Contributors Susan Benesch Faculty Associate of the Berkman Klein Center for Internet and Society at Harvard University. Benesch founded and directs the Dangerous Speech Project (dangerousspeech. org), which studies speech that can inspire violence, and looks for ways to prevent this without infringing freedom of expression. To that end, she conducts research on methods of diminishing harmful speech online or the harm itself. Prof. Karen Eltis Professor of Law at the University of Ottawa and past Affiliate of the Center for Information Technology Policy at Princeton University. Eltis specializes in cybersecurity and democratic governance in the digital age. She served as senior advisor to the National Judicial Institute (Canada) and taught at Columbia Law School. Eltis is a research associate at the Federmann Cyber Security Center at the Hebrew University of Jerusalem. Her research on privacy has been cited by the Supreme Court of Canada. Adv. Rotem Medzini A doctoral candidate at the Federmann School of Public Policy and Government and a research fellow at the Federmann Cyber Security Center – Cyber Law Program, both at the Hebrew University of Jerusalem. Medzini is also a former researcher at the Israel Democracy Institute. His research interests are regulatory governance, self-regulation, and regulatory intermediation theories. Rotem's research focuses on internet policy, media and content regulation, data protection law and policy. 8 Reducing Online Hate Speech Prof. Yuval Shany Vice-president for research at the Israel Democracy Institute, the incumbent of the Hersch Lauterpacht Chair in Public International Law at Hebrew University, and former dean of the Hebrew University Law Faculty. Member and former chair of the UN Human Rights Committee. Dr. Tehilla Shwartz Senior fellow at the Israel Democracy Institute and head Altshuler of its Democracy in the Information Age Program. She is a senior lecturer at the Federmann School of Public Policy and Government and a research associate at the Federmann Cyber Security Center – Cyber Law Program, Hebrew University of Jerusalem. She is also a member of the boards of the Israel National Press Council, the Israeli Digital Rights Movement, and the Israeli National Archive Committee. She is an expert on media regulation and the interface between technology, law, and policy. Dr. Ilia Siatitsa Program Director and Legal Officer at Privacy International. She focuses on that organization’s research, advocacy, and litigation related to surveillance and technology and heads a project that challenges the use of mass surveillance for protecting civic spaces. A qualified lawyer in Greece, she holds a Ph.D. in International Law from the Faculty of Law of the University of Geneva, and specializes in international human rights law and public international law. 9 Preface Yuval Shany This publication (which was sent to print in the autumn of 2019) contains the results of a joint research project undertaken by the Israel Democracy Institute (IDI) and Yad Vashem, with the goal of supporting efforts by social media companies and other internet intermediaries to formulate policy and policy guidelines aimed at reducing online hate speech. Although hate speech is certainly