ARTICLE
30 January 2025

EU Updates Codes Of Conduct On Countering Illegal Hate Speech Online

KG
K&L Gates LLP

Contributor

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The European Commission has strengthened its framework for combating illegal hate speech online through an enhanced Code of Conduct, building upon the success of its 2016 predecessor.
European Union Media, Telecoms, IT, Entertainment

The European Commission has strengthened its framework for combating illegal hate speech online through an enhanced Code of Conduct, building upon the success of its 2016 predecessor. This updated version, known as theCode of Conduct on countering illegal hate speech online +, aligns with the Digital Services Act (DSA) and represents a significant step forward in the EU's efforts to create a safer digital environment.

The Code brings together major technology platforms as signatories, including established participants like Google (YouTube), Meta platforms, and Microsoft, alongside newer additions such as TikTok, LinkedIn, and Twitch. These companies have committed to reviewing the majority of illegal hate speech notifications within 24 hours, with an ambitious target of processing at least 67% of notices from designated Monitoring Reporters in this timeframe.

Key improvements in the updated Code include enhanced transparency requirements, structured monitoring processes, and strengthened multi-stakeholder cooperation. Signatories must maintain clear terms and conditions prohibiting illegal hate speech and implement efficient notice-and-action mechanisms in compliance with the DSA.

The Code introduces a robust monitoring framework involving specialized Monitoring Reporters – non-profit or public entities with expertise in illegal hate speech. Annual monitoring exercises will evaluate the performance of signatories, with results published by the European Commission.

A notable innovation is the establishment of regular exchange forums for sharing best practices and addressing emerging challenges. The Code also emphasizes the importance of awareness-raising initiatives and educational programs to promote online civility and counter-narratives.

While voluntary in nature, this Code serves as a practical framework for implementing DSA requirements specifically related to illegal hate speech, demonstrating the EU's commitment to combining regulatory oversight with industry collaboration in the fight against online hate speech, which is becoming increasingly relevant in the current global political climate.

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