Freedom House
The Promise and Peril
of State Regulation
G
lobal norms have shifted toward greater state
intervention in the digital market. At least 48 countries
pursued legislative or administrative action aimed at
regulating technology companies over the past year. This
trend comes amid calls to address societal problems that
are exacerbated online, such as harassment, extremism,
and serious criminality, and to better protect users from
fraudsters, foreign adversaries, and exploitative business
practices. While a few measures introduced this year have
the potential to hold tech giants more accountable for their
performance, most simply impose state and even political
responsibilities on private firms without securing greater
rights for users.
The impact of new laws and regulations on human rights
varies from country to country. In robust democracies,
well-crafted requirements for platforms have the potential
to mitigate online harms while bolstering transparency and
accountability. Analogous laws, however, may be abused by
illiberal politicians and authoritarians to remove nonviolent
political, social, and religious expression. Most alarming
are those that bring the private sector further under the
authority of the state in a bid to more effectively stamp
out dissent, conduct blanket surveillance, and disseminate
propaganda. In China, for example, local tech firms are
punished not only for lax data security and monopolistic
practices, but also for failing to remove cartoons that
A demonstrator in Lagos holds a sign advocating for digital rights amidst nationwide protests over the Nigerian government's Twitter ban. Image
credit: PIUS UTOMI EKPEI/AFP via Getty Images
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