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The Lawfare Podcast

The Arrival of International Human Rights Law in Content Moderation

The Lawfare Podcast

The Lawfare Institute

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

4.76.4K Ratings

🗓️ 27 May 2021

⏱️ 61 minutes

🧾️ Download transcript

Summary

Way back at the beginning of the Arbiters of Truth podcast series on our online information ecosystem, Evelyn Douek and Quinta Jurecic invited David Kaye to talk about international human rights law (IHRL) and content moderation. David is a clinical professor of law at the University of California, Irvine, and when he was first on the show, he was also the United Nations Special Rapporteur on freedom of expression. It’s been a year and a half since then, and in the intervening time, David’s vision of IHRL as a guiding force for content moderation has become mainstream. So Quinta and Evelyn asked him back on to discuss the increasingly important role played by IHRL in content moderation—and what it really means in practice. They also talked about the rise of digital authoritarianism around the world and what international law and leading democracies can do about it.

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Transcript

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0:00.0

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

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1:00.4

Full details can be found online.

1:08.6

Human rights law allows you to sort of think about, okay, here I am moderating this forum

1:14.7

in digital space and I want maximum numbers of people to have access to it, to not be

1:21.3

silenced on the platform and there is some content that clearly is aimed and some of this

1:27.4

is the kind of trolling and anti-Semitism, Islamophobia, racism that may be directed against

1:35.4

particular users that may be tolerable under the First Amendment, meaning the government

1:41.7

couldn't restrict it and yet in the context of online space it's an interference with

1:46.9

the right of others to participate in that space.

1:50.5

I'm Quintet Jurassic and this is the LawFair podcast, May 27, 2021.

1:58.5

Today we're bringing you another episode of our Arbitives of Truth series on our online

2:02.7

information ecosystem.

2:04.8

Way back at the beginning of this podcast series Evelyn Duwick and I invited David

2:09.1

Kay on the show to talk about the role of international human rights law and content

2:14.0

moderation.

2:15.0

David is a clinical professor of law at the University of California, Irvine and when

2:19.7

we first spoke to him he was also the United Nations special rapporteur and freedom of

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