Speech Duties
112 AJIL Unbound 329
5 Pages Posted: 16 Jan 2019
Date Written: 2018
Abstract
This essay argues that duties — a core component our humanness and our obligations to others — require us to consider the impact that our online speech has on others. Recognizing such duties could help to fill some of the gaps in efforts to respond to hate speech, for example speech that inflicts harm but falls short of violating domestic law or platform terms of service. The essay also argues that recognizing speech duties for individuals also gives rise to a correlative duty upon governments and other duty bearers to create an enabling environment in which those duties can be, and are likely to be, carried out.
Keywords: human rights, social media, internet, hate speech, duties, law and technology, technology
JEL Classification: K33
Suggested Citation: Suggested Citation