A recently updated Global Trends benchmark addresses the current approaches to the regulation of social media and video-sharing platforms, and the liability of platforms for content shared by their end users.

The research covers 12 jurisdictions from around the globe: Australia, Brazil, mainland China, the EU, India, Japan, Korea, Malaysia, Singapore, South Africa, Taiwan, and the US.

The benchmark is divided in three parts. For each jurisdiction, it:

• provides an overview of the current regulatory framework applicable to social media and video-sharing platforms;
• presents the current safe harbour regime, and the main conditions required for it to apply; and
• describes legal frameworks and enforcement regimes used to control the posting and sharing of illegal or harmful content by users of social media and video-sharing platforms.

Harmful and illegal content shared on social media: different approaches around the world

In all the countries analysed for this benchmark, social media benefit from a form of safe harbour whereby providers may not be held liable for illegal content uploaded by their users if certain conditions are met.

However, each jurisdiction defines what is illegal and what platforms should do to counter the spread of illegal or harmful content. The benchmark covers child pornography, copyright infringements, fake news, terrorism and incitement to violence, and other potential infringements such as cyber-bullying and defamation.

"Fair compensation" of news publishers

Among the 12 jurisdictions covered in this benchmark, several introduced or proposed new legislation mandating that online platforms, such as Google and Facebook, pay news publishers (including local news publishers and broadcast media) for content made available on their online platforms. 

For more information and to access the benchmark, please click on “Access the full content” - or on “Request Access”, in case you are not subscribed to our Global Trends service.