Liability of Internet Service Providers for Hate Speech in Migration Contexts

Jesus Ivan Mora Gonzalez

University of Granada

The purpose of this policy brief is to analyse the liability of internet service providers in cases of hate speech directed towards the migrant population, with the aim of protecting all parties on the internet. In the European Union, liability of internet service providers is regulated by the E-Commerce Directive and covers several services, such as transmission, catching, or data hosting, which are key for platforms such as Facebook, Twitter, Youtube, Amazon, or Ebay. Internet users rely on these services, but such services can also be used to commit crimes.

This situation requires a deep study on liability to develop clear normative criteria for cases where platforms are used by third parties. However, liability must be established in a balanced way, taking into account the fundamental rights assessment of the different parties involved.