The digital boundaries of free speech: legal interventions on hate speech and disinformation in the age of social media

Research Article
Open access

The digital boundaries of free speech: legal interventions on hate speech and disinformation in the age of social media

Xun Zhang 1 , Xiaofeng Cheng 2*
  • 1 The University of Leeds, Leeds, England    
  • 2 University of New South Wales, Sydney, Australia    
  • *corresponding author rara481846778@gmail.com
Published on 11 June 2025 | https://doi.org/10.54254/2753-7080/2025.23849
AHR Vol.12 Issue 2
ISSN (Print): 2753-7099
ISSN (Online): 2753-7080

Abstract

In the digital media era, extreme remarks and fake news on social platforms are constantly impacting the limits of freedom of expression. This study selects three jurisdictions—the European Union, the United States, and China—to compare and analyze the institutional development of online speech governance. By analyzing the practical conflict between the European Digital Services Act and the First Amendment to the U.S. Constitution, the paper reveals the value gap between protecting freedom of expression and implementing content control in different jurisdictions. Platform content audit data and post-removal appeal cases show that the existing governance system has structural problems such as unclear implementation standards and unbalanced allocation of audit resources. Especially in the interaction between algorithmic recommendation mechanisms and manual audits, users often encounter difficulties such as blocked appeal channels and opaque removal procedures. The research proposes the establishment of a hierarchical and classified content governance framework, the promotion of transnational platforms to establish a traceable audit log system, and the exploration of speech risk assessment models based on cultural context, so as to provide an institutional guarantee for the construction of a digital discourse space with equal rights and responsibilities.

Keywords:

free speech, disinformation, hate speech, digital governance, social media regulation

Zhang,X.;Cheng,X. (2025). The digital boundaries of free speech: legal interventions on hate speech and disinformation in the age of social media. Advances in Humanities Research,12(2),113-117.
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References

[1]. Barrett, P. (2020). Disinformation and the 2020 election: How the social media industry should prepare. NYU Stern Center for Business and Human Rights. https://www.stern.nyu.edu/experience-stern/faculty-research/disinformation-and-2020-election-how-social-media-industry-should-prepare

[2]. O’Regan, C., & Theil, S. (2021). Hate speech regulation on social media: A contemporary challenge. Research Outreach, (125), 112–115.

[3]. Schoenebeck, S., & Blackwell, L. (2021). Reimagining social media governance: Harm, accountability, and repair. Yale Law School Center for Justice. DOI:10.2139/ssrn.3895779

[4]. Barrett, P., Hendrix, J., & Sims, J. (2021). Regulating social media: The fight over Section 230—and beyond. NYU Stern Center for Business and Human Rights. https://www.stern.nyu.edu/experience-stern/faculty-research/regulating-social-media-fight-over-section-230-and-beyond

[5]. United Nations. (2021). Countering disinformation: Promoting information integrity. United Nations Department of Global Communications.

[6]. Barrett, P. (2021). Fueling the fire: How social media intensifies U.S. political polarization—and what can be done about it. NYU Stern Center for Business and Human Rights.

[7]. Velásquez, N., Leahy, R., Restrepo, N. J., Lupu, Y., Sear, R., Gabriel, N., Jha, O., Goldberg, B., & Johnson, N. F. (2020). Hate multiverse spreads malicious COVID-19 content online beyond individual platform control. arXiv preprint arXiv:2004.00673.

[8]. Barrett, P. (2021). False accusation: The unfounded claim that social media companies censor conservatives. NYU Stern Center for Business and Human Rights.

[9]. UNESCO. (2023). Guidelines for the governance of digital platforms: Safeguarding freedom of expression and access to information through a multi-stakeholder approach. United Nations Educational, Scientific and Cultural Organization.

[10]. OECD. (2023). Disinformation and misinformation: Tackling the spread of false content. Organisation for Economic Co-operation and Development.

Cite this article

Zhang,X.;Cheng,X. (2025). The digital boundaries of free speech: legal interventions on hate speech and disinformation in the age of social media. Advances in Humanities Research,12(2),113-117.

Data availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

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About volume

Journal：Advances in Humanities Research

Volume number: Vol.12
Issue number: Issue 2
ISSN：2753-7080(Print) / 2753-7099(Online)

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References

[1]. Barrett, P. (2020). Disinformation and the 2020 election: How the social media industry should prepare. NYU Stern Center for Business and Human Rights. https://www.stern.nyu.edu/experience-stern/faculty-research/disinformation-and-2020-election-how-social-media-industry-should-prepare

[2]. O’Regan, C., & Theil, S. (2021). Hate speech regulation on social media: A contemporary challenge. Research Outreach, (125), 112–115.

[3]. Schoenebeck, S., & Blackwell, L. (2021). Reimagining social media governance: Harm, accountability, and repair. Yale Law School Center for Justice. DOI:10.2139/ssrn.3895779

[4]. Barrett, P., Hendrix, J., & Sims, J. (2021). Regulating social media: The fight over Section 230—and beyond. NYU Stern Center for Business and Human Rights. https://www.stern.nyu.edu/experience-stern/faculty-research/regulating-social-media-fight-over-section-230-and-beyond

[5]. United Nations. (2021). Countering disinformation: Promoting information integrity. United Nations Department of Global Communications.

[6]. Barrett, P. (2021). Fueling the fire: How social media intensifies U.S. political polarization—and what can be done about it. NYU Stern Center for Business and Human Rights.

[7]. Velásquez, N., Leahy, R., Restrepo, N. J., Lupu, Y., Sear, R., Gabriel, N., Jha, O., Goldberg, B., & Johnson, N. F. (2020). Hate multiverse spreads malicious COVID-19 content online beyond individual platform control. arXiv preprint arXiv:2004.00673.

[8]. Barrett, P. (2021). False accusation: The unfounded claim that social media companies censor conservatives. NYU Stern Center for Business and Human Rights.

[9]. UNESCO. (2023). Guidelines for the governance of digital platforms: Safeguarding freedom of expression and access to information through a multi-stakeholder approach. United Nations Educational, Scientific and Cultural Organization.

[10]. OECD. (2023). Disinformation and misinformation: Tackling the spread of false content. Organisation for Economic Co-operation and Development.

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