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What should be the foundations and principles of Big Tech regulation to guarantee freedom of expression on the Internet? The Uruguayan Senate receives a proposal

OBSERVACOM and Datysoc presented a document to the Uruguayan Senate that systematizes the main consensus reached after a broad multi-stakeholder consultation process to advance toward democratic regulation of digital platforms, in accordance with the UNESCO Guidelines for the Governance of Digital Platforms, adapted to the Uruguayan context.

OBSERVACOM and Datysoc, with the support of UNESCO’s International Programme for the Development of Communication (IPDC), presented a proposal for guiding principles for future national legislation on large digital content platforms (social media and search engines) to the Senate’s Committee on Science, Innovation, and Technology. The guidelines seek to balance the power of technology corporations and their users, promoting freedom of expression, and establishing obligations of algorithmic transparency, due process, and accountability for these companies.

The proposal is the result of research and four in-person sectoral consultations—with the participation of civil society organizations, academia, government agencies, and internet, telecommunications, and media companies—in addition to an online consultation with more than 120 citizen contributions.

This process allowed for the recognition of the main concerns and disagreements, as well as the many points of agreement regarding the foundations that should guide any Uruguayan regulation on the matter, in line with the UNESCO Guidelines for the Governance of Digital Platforms and Inter-American human rights standards.

Among the main guidelines, it proposes establishing democratic limits and controls on private content moderation by large digital platforms, along with demanding transparency and accountability regarding their policies and decisions that affect their users’ rights, including algorithmic transparency. 

There is also a need to guarantee due process for citizens who use social media, and the right to appeal decisions to block or remove content, as well as ensuring access to national justice to claim their rights against these transnational corporations.

The document also highlights the need to consider asymmetrical regulation, that is, with differentiated obligations based on the size and impact of each platform, as well as promoting an independent and technically competent regulatory institution for the implementation of the resulting legislation. Finally, it underscores the importance of incorporating a regional perspective that allows for harmonizing regulations and strengthening their application in Latin America.

Together, these guidelines aim to serve as an input for Uruguay—and its Parliament in particular—to advance toward modern, democratic, and balanced legislation capable of responding to the challenges of global digital governance, preserving a free and open Internet, and guaranteeing the effective exercise of freedom of expression online.

In their appearance before the Senate, OBSERVACOM and Datysoc warned that the proposal is their sole responsibility and that, although it attempts to reflect the common ground found in the consultation process, this does not mean that the participants in these sessions are signatories.

You can see the full document HERE (in Spanish)


RELATED LINKS: 

Parliament proposes guidelines for regulating large digital platforms in Uruguay

Foundations for a democratic regulation of large digital platforms

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