Ensuring Freedom of Speech on Social Media: Balancing Regulation and Censorship
Year: 2026
Type: article
Abstract: The article examines the relationship between state regulation of digital services and freedom of speech on social networks, focusing on changes in the public sphere under platform governance. It draws on digital constitutionalism, platform governance, and algorithmic management of information flows. Empirically, the study combines comparative analysis of the Freedom on the Net Index and the OECD Digital Services Trade Restrictiveness Index (STRI) with case studies of governance models. Correlation analysis reveals a significant inverse relationship between regulatory burden and digital freedom. However, the structure and direction of regulation are more important than its volume. Infrastructure-oriented and rights-based models are compatible with freedom of speech, whereas content-oriented and security-focused approaches increase censorship risks. Cases from Chile, Costa Rica, and the Netherlands demonstrate that regulation can coexist with digital freedoms when supported by constitutional guarantees, judicial oversight, and accountability. The model distinguishes regulation from censorship by legitimacy, proportionality, and procedural fairness.
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7220935164