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The Lawfare Podcast

David Kaye on Policing Speech Online

The Lawfare Podcast

The Lawfare Institute

International Law, Law, Government, Foreign Policy, News, Politics, Rule Of Law, International Relations, Current Events, Military, Constitutional Law, Intelligence, National Security, History, Terrorism, Diplomacy

4.76.4K Ratings

🗓️ 5 December 2019

⏱️ 64 minutes

🧾️ Download transcript

Summary

For this episode of our Arbiters of Truth series on disinformation in the run-up to the 2020 election, Quinta Jurecic and Evelyn Douek spoke with David Kaye, the United Nations special rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression. David has argued that social media companies should adopt international human rights law as the standard for content moderation, an idea that's becoming increasingly popular in recent years. And, he has a new book: "Speech Police: The Global Struggle to Govern the Internet." They talked about international law, fake news, and the pitfalls and promises of internet governance.

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Transcript

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0:00.0

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0:07.2

podcast become a material supporter of LawFair at patreon.com slash LawFair.

0:14.7

That's patreon.com slash LawFair.

0:18.2

Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair

0:25.6

no bull and the aftermath.

0:34.0

At the end of the day, and so here's the caveat, the caveat is that as a part of their

0:40.5

rules, all of the companies over the last five years have evolved the way they think about

0:46.5

something like hate speech.

0:48.1

So whereas, you know, early in their lives, the companies pretty much didn't take down

0:55.0

much of anything, even kind of rancid hateful comment, they've evolved their rules now,

1:03.5

so that to be honest, they look a little bit more like human rights standards and European

1:09.7

Law than they look like First Amendment Law.

1:12.4

And this has actually created a problem in the United States because when they come

1:16.2

up with these rules around hate speech and actually apply them, you actually get conservatives

1:21.1

in the United States saying there's some bias against conservatives, whereas in Europe,

1:25.8

that's exactly what they're pushing for is more action against that kind of content.

1:32.3

I'm Quinta Geresec and this is the LawFair podcast December 5th, 2019.

1:39.1

Today we're bringing you a new episode from our Arbiters of Truth series on disinformation

1:43.6

in the run up to the 2020 election.

1:46.5

This week, Evelyn Duacan, I spoke to David Kay, the United Nations special rapporteur

1:52.2

on the promotion and protection of the right to freedom of opinion and expression.

1:57.4

He's argued that social media companies should adopt international human rights law as

...

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