Niclas Johann – June 2022
ABOUT THE AUTHOR
Niclas Johann
When I first heard about YouTube, Twitter and co. kicking Russian state media off their platforms in response to disinformation about the Russian invasion of Ukraine, I felt substantial unease. Not because I thought they did not deserve it but because it was yet another example of how online platforms have near-absolute discretion in their content moderation decisions. This untamed power has caused a legitimacy crisis. But digital constitutionalism can help to solve it.
There is no doubt that social media platforms have taken a central role in shaping the content people around the world consume day to day. This includes news about recent events. Online platforms are in an unprecedented position of power – for private actors – to dictate what gets seen and what does not.
My platform, my rules
Now, as we all know, with great power comes great responsibility. But that is apparently not the case for social media companies. Through careful narrative crafting they have managed to largely hold on to the liability exemptions granted by lawmakers in the early days of the internet. With the exception of some illegal content, for instance by terrorist organisations, they can freely dictate the terms and conditions for which speech is allowed and which is not. For example, Facebook unilaterally decided that death threats against Russian soldiers would no longer amount to a violation of its rules.
When and how social media companies choose to enforce their own rules is also essentially up to them. Except for the occasional public outcry and some relentless civil society organisations, platforms do not face much external scrutiny with regard to their content moderation.
This lack of accountability and legitimacy has substantially eroded the public’s trust in these online platforms. Social media companies have (wrongly) been accused of bias in enforcing their terms and conditions against conservative politicians. On other occasions, prominent political figures have not been punished for violations due to the risk of repercussions. Despite repeated violations of Facebook’s terms of service throughout his presidency, Donald Trump was only banned after his election defeat and the capitol was stormed.
If left unaddressed, this lack of legitimacy in content moderation practices could further deepen the mistrust in already-divided societies. Much of the political discourse is now happening on social media. That is why it is essential platforms support rather than hinder democratic processes through fair content moderation and respect for the rule of law.
So, what can be done? Looking back in history to the last time people became discontent with the unregulated concentration of power in the hands of a few kings and queens can provide a starting point. It was the birth of constitutionalism.
The ideas of consent of the governed, equal and predictable enforcement of laws, and due process may predate smartphones and social media by a couple of hundred years. But they can still help guide our discussions about how to legitimise content moderation practices in our digital age.
Constitutional ideas in the digital age
Digital constitutionalism is a concept that aims to adopt constitutional standards for the digital world. It thus provides us with a set of principles and values to guide our responses to the challenges of digital technologies. In content moderation online, we need to ensure that the principles put into practice offline can be enforced online. This includes transparency about how rules are created, fair and equal processes for how takedown decisions are reached and the option for users to challenge a decision they disagree with before an independent body.
Due process is essential to justify content moderation decisions towards people even if they do not agree with the final outcome.
Laying out these procedures in advance is all the more important in situations when platforms need to call shots fast – for example in times of conflict. We cannot spend ages deliberating the best approach when lives are at risk. Constitutionalising content moderation would give platforms a framework to rely on and justify their decisions towards the public.
Simultaneously, it would ensure that the fundamental rights and freedoms of users are not unduly infringed in response to a conflict. Decisions such as the deplatforming of RussiaToday need to be accompanied by an impact assessment on the right to freedom of information. Allowing death threats against Russian soldiers might not be justifiable under this approach.
Critics might say that online platforms would never voluntarily limit their power over their ‘kingdoms’ so significantly. However, legislative initiatives such as the Digital Services Act show that governments can mandate the constitutionalisation of content moderation. And importantly, they can do so without simply handing power from private companies to state actors.
A genuine democratisation of the digital kingdoms is possible. Digital constitutionalism should be the starting point for all future social media regulation and should be used to re-evaluate existing policies. The EU should take a global leadership role in this regard. It has the power to inspire regulators in other countries and champion democratic values in our digital society.
Just as some hundred years ago, change will not happen overnight. But if successful it would rebuild trust in central aspects of our digital life. Even if people do not agree with a particular decision by Facebook and co. they could at least feel at ease knowing that it was reached through a legitimate process.
Youth Policy Dialogue:
Trade and Technology
Kelly is a legal practitioner with experience in international economic law, dispute resolution, banking and finance law and corporate commercial law.
He is also an avid researcher, having undertaken research and published widely on topics ranging from dispute settlement in the context of international trade, African economic integration, and economic recovery post the COVID-19 pandemic.
Previously, Kelly was an East African regional representative at the AfronomicsLaw Academic Forum, which is a platform dedicated to stimulating open and inclusive discourse on international economic law issues as they relate to Africa and the Global South.
Kelly has also participated in and spoken at conferences with thematic areas centred on emerging issues in his areas of interest. Notably, in 2021, he presented his research results at an international conference in Stellenbosch, South Africa titled ‘Prospects for Regional Integration in Africa – A Comparative Perspective’.
More recently in November 2022, Kelly joined a panel of multidisciplinary experts at an international conference organised by the Policy Center for the New South in Rabat, Morocco to discuss the role of regional integration in reigniting economic growth in African economies in the Post-COVID era, with an emphasis on the SADC region.
Youth Policy Dialogue:
Security and Defence
Sofia is a Ukrainian-Dutch-American completing a Master’s degree in International Relations and Diplomacy at Leiden University in The Hague, Netherlands. Before joining the Youth Policy Dialogues, she was an Assistant Analyst at The Hague Centre for Strategic Studies. She also volunteers with Students for Ukraine.
I earned a Bachelor’s Degree in International Affairs from the University of Turin (Italy), and a Master’s Degree in International Energy from the Paris School of International Affairs (PSIA) at Sciences Po. Currently, I am working within the consulting division of a major French utility company, focusing on energy transition-related projects (e.g. multi-country on-site solar projects, clean electricity procurement, etc.). Before that, I spent a year at a policy/regulatory consultancy, covering EU energy and climate policy. I am particularly interested in broadening my understanding of clean technologies (including their impact on raw materials demand), power and gas markets, and energy infrastructures.
As a Chemical Engineer and Environmental Policy graduate from Sciences Po Paris, I have an in-depth experience of the hands-on work in labs and project management in industry. As I envisioned to work in interests’ representation at EU institution’s level, I took the opportunity to enrich my EU understanding and policy-making skills at the College of Europe this year (2022-2023). As I’m always seeking to stay in real-life situations, I looked forward to joining this Youth Thinkers Policy Dialogues to carry-out some group practice policy-making on today’s critical Energy and Climate subjects.
Muhammad “Moby” Maulana is an aspiring researcher and a sophomore student at ODTÜ, Ankara, majoring in international relations with a focus on environmental politics. Most recently, he was a researcher for the G20 Youth Summit 2022, handling the topics of youth employment and environmental sustainability, where he designed several policy papers particularly addressing the issue of social safety nets, social entrepreneurship, and circular economy. He has also worked for several environmental consultancies where he was involved in the sustainable land use, forestry, and agricultural industries in the Southeast Asian region. Aside from his current research focus, Moby is especially interested in expanding his knowledge and expertise on energy policy through the international lens, including global partnership, energy market, and just transition.
Originally, I completed a three-year banking apprenticeship in Switzerland and a Bachelor’s degree in International Affairs at the University of St. Gallen (Switzerland). In addition to my employment in banking, coaching and at a newspaper, I have gained a variety of volunteer experiences. These range from working for more educational justice and equal opportunities, to promoting mutual cultural understanding between Switzerland and Colombia, to founding a school project with the organisation World Vision.
Currently, I am specializing in Environmental Policy and Sustainability as well as Development Management as part of a double master’s degree offered by Sciences Po Paris (France) and the London School of Economics and Political Science (England). As a Young Thinker at the Centre for European Policy Studies (CEPS), I am particularly interested in approaching climate change issues from a perspective that takes into account different life situations and realities. In this respect, one of my personal goals is to shape gender-responsive policies.
Zofia, is a final year Social Policy student at the University of Bristol, UK. She is particularly interested in issues concerning our society, such as climate change, democracy and employment, and focuses on EU and Polish politics. Previously, she has interned in the Senate of the Republic of Poland and EU Parliament. Moreover, she was the European Union Youth G20 Delegate in 2022, where she worked in the Youth Employment track and participated in a youth policy dialogue with Commissioner Nicolas Schmit, at both of which she focused on the topic of Youth Employment. She has organised the 2022 edition of the Congress of Polish Student Societies in the UK, where she headed the logistics and events team.
Youth Policy Dialogue:
Security and Defence
Lucrezia holds a Master’s degree in International Relations from IE School of Politics, Economics & Global Affairs. Her past experiences at Real Instituto Elcano and Finabel (European Army Interoperability Centre) have led to her interest in being a trainee within the Secretariat of the European Parliament at the Subcommittee on Security and Defence (SEDE) in March 2023.
Youth Policy Dialogue:
Security and Defence
Laura is currently Program Assistant at the Berlin Office of the US German Marshall Fund. She landed in Germany after spending a term in New York interning for the UN and a year in Brussels, where she worked at NATO, first as an intern at the Defence Investment Division and then in the Private Office of the Secretary-General. She holds a Master’s degree in Political Science and International Relations from Universidade Católica Portuguesa in Lisbon.
Youth Policy Dialogue:
Security and Defence
Cédric holds a Master of Laws from the University of Antwerp and a Master of Arts in EU International Relations and Diplomacy from the College of Europe. Currently, he coordinates EU energy policy as an Attaché in European Affairs at the Belgian Ministry of Foreign Affairs.
Youth Policy Dialogue:
Security and Defence
Eter is a program coordinator at the Georgian Foundation for Strategic and International Studies. She holds a post-graduate degree in International Relations and European Integration from the Estonian School of Diplomacy. Her area of interest includes the EaP region, Central and Eastern European Region (CEE) and China. Covering these topics, Eter has been a speaker in numerous young professionals seminars in Brussels, Budapest, Luxembourg, Lisbon etc.
Youth Policy Dialogue:
Security and Defence
Dominik is a graduate student in Conflict Studies at the London School of Economics and Political Science following practical experience as a soldier and internships at the George C. Marshall Center and NATO. He is particularly interested in the intersection between security, defence, and climate change.
Youth Policy Dialogue:
Trade and Technology
Sonia is interested in transatlantic decarbonisation, climate clubs theory and the reconciliation of green industrial policy priorities with global trade rules.
Currently working at Clean Air Task Force, she has also completed a traineeship at the trade section of the EU Delegation in the United States. Prior to this, she worked at the American Chamber of Commerce in the EU, and interned at the UN Environment Programme, the U.S. Embassy in Sofia, and the Bulgarian Ministry of the Presidency of the Council of the EU.
Sonia holds an Advanced Master’s degree in EU Politics and Policy from KU Leuven and a Bachelor’s degree in European Studies from Sofia University.
Youth Policy Dialogue:
Democracy and Institutions
Núbia Rodrigues, 24, Brazil. BA in Psychology, specialized in Global Health & Health Diplomacy, and in Epistemologies of the South. I’m working as a Project and Research Officer for the Data Feminism Program at Data-Pop Alliance. My research interests are focused on migration and gender studies. I’m also passionate about the intersection of art and activism – and puzzles.
Youth Policy Dialogue:
Democracy and Institutions
My name is Chiara Frittitta, I am a 24-year-old Italian whose pronouns are she/her. Prior to being selected as one of the 30 young thinkers, I majored in International Studies with a regional specialisation in Europe. I have diverse research experiences, including field research in Rabat on young Moroccan women’s political participation.
I hold a master’s degree in Gendering Practices at Gothenburg University, where I gathered skills to critically analyse and draft gender equality policy plans and strategies with a dissertation on recommendations for making non-binary gender equality policy. I am passionate about gender equality, diversity and inclusion, and the role played by policymaking in creating safer space for all.
Youth Policy Dialogue:
Democracy and Institutions
Born and raised in Palestine, Iman Jibreen is a compassionate, community focused individual who is interested in humanitarian assistance, sustainable development and research. Through the latter, Iman aims to shed light over the socio-economic inclusion of vulnerable segments in the society.
She has received her Bachelor’s degree in Public Administration from Birzeit University in Palestine and her MSc in Sustainable development from a consortium of three European Universities (Padova, Leuven and Paris 1). She currently works as an Economic Development Officer at EducAid Onlus in Palestine where she is responsible for the implementation of all the economic empowerment activities of persons with disabilities in Palestine.
Youth Policy Dialogue:
Democracy and Institutions
I am a final year masters student, originally from Scotland but currently living in Bosnia & Herzegovina. My main area of focus is the Western Balkans & EU integration. I am incredibly excited to get underway with the work of the YPD due to the opportunity it provides for young thinkers to come together and discuss some of the most pressing issues for the EU going forward.
Youth Policy Dialogue:
Democracy and Institutions
After studying law at Leipzig University and Harvard University with internships – among others – at the Konrad-Adenauer-Stiftung´s Rule of Law Program Sub-Saharan Africa in Nairobi and the Trade Policy Division of the German Ministry for Economic Cooperation and Development, I joined the Chair for European and Public International Law at Leipzig University as a research fellow focusing on European law, European citizenship and international human rights. I have also launched “Transatlantic Debates”, a debating project where pupils think about their priorities for a future transatlantic agenda
Youth Policy Dialogue:
Democracy and Institutions
Beatriz is a young professional from Portugal, with a background in International Relations, and a specific interest in European Union politics. Fluent in Portuguese and English, and having advanced knowledge of French, Beatriz is always looking forward to learning new languages and embracing new adventures.
Youth Policy Dialogue:
Trade and Technology
Simon van Hoeve is a Policy Coordinator for European Government Affairs at Microsoft, based in Brussels, Belgium. In this role, he provides horizontal support functions to the Vice-President for European Government Affairs and the Director for Strategy, contributing to policy related workstreams and ensuring synergies between advocacy and policy campaigns.
Prior to joining Microsoft, Simon spent a year as an Assistant Analyst, Cyber at Hague Centre for Strategic Studies. Simon completed his Master’s degree in International Relations at Leiden Universiteit in the Netherlands (2021) and completed his Bachelor’s degree in Philosophy and Political Science at the University of Waterloo in Canada (2020).
In his spare time, Simon runs the BRUBBLE podcast, where he talks to young professionals in and around the Brussels Bubble on a variety of policy and topical issues.
Youth Policy Dialogue:
Trade and Technology
A native of Canada, Sher is a currently a Master of Education candidate with a specialization in Comparative, International and Development Education at the University of Toronto. More recently, she was a Junior Professional Consultant for UNICEF HQ supporting primary education policy and system strengthening across 15 countries. In 2022, she was selected to be a Graduate Fellow of the United Nations Office at Geneva and a European Forum Alpbach Scholar. Sher also graduated with a B.A. (Honors) in Music Education with a minor in the French Language from the University of Toronto, where her undergraduate thesis was awarded both The Thomas Clarkson Gold Medal and the Research Showcase Award.
Youth Policy Dialogue:
Trade and Technology
Paula studies at the College of Europe a Master in International Relations and European Diplomacy. Previously, she graduated from IE University after studying a dual degree in International Relations and Business Administration. She has worked in consulting, public advocacy and research in different organizations. Her research interests include the US-EU-China relation, monetary policy and the impact of technology on society.
My name is Ciara Connolly, I am half-Irish, half-German. I studied International Relations at King’s College London, where I also pursued several climate-related activities, such as being in the KCL Climate Action Society and taking part in French-speaking climate-related debate competitions. I graduated last summer and completed an internship at adelphi, a German government-funded think tank specializing in climate policy. I have now moved to Berlin, where I work as an Editor at the German news agency, dpa. I would love to work in European or German climate policy and can’t wait to get a chance to put this into action with CEPS. In my free time I like to go to gigs, do creative things with my friends and am currently learning Spanish as my dream is to visit Costa Rica someday!