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acceptable form of speech. 169 Sexual orientation was among the most reported
grounds of hate speech in the 2022 evaluation of the European Union Code of
Conduct on countering illegal hate speech online. 170
58. A noticeable trend in recent years has been the increase in online political
campaigning. These campaign methods often remain outside the scope of regulation
or oversight. There is a general understanding, however, that what is illegal offline
should be illegal online, and that freedoms should be protected equally online and
offline. The regulation of political speech online is tightly linked to the more general
issue of Internet governance. Cases of website and search blockages related to LGBT
issues are well documented in several countries. 171 Regulation of the responsibility of
platforms for third-party content under national legislation is also relevant and
necessary to counter hate speech against LGBT persons and communities. Offensive
user-generated content can spread quickly on Internet platforms before its
problematic nature can be assessed by judicial or other means. 172
59. Social media channels provide additional opportunities for LGBT candidates,
as the message is controlled by the candidate, rather than by potentially biased
editorial viewpoints. However, social media companies control the distribution of
messages. These “platforms have reportedly suppressed lesbian, gay, bisexual,
transgender and queer activism”, 173 and their algorithms may not be inclusive or
neutral when it comes to issues of sexual orientation or gender identity. In their stated
efforts to increase transparency and combat disinformation, several social media
companies have developed policies for advertising on issues of social importance or
political relevance. Advertisers are required to label their materials accordingly, and
social media companies apply controls to verify the identities of advertisers and
compliance of the materials with policies.
60. Key to the development of these policies are the perception of safety and the
trust of users. Meta policies related to combating hate speech include sexual
orientation and gender identity as protected characteristics. 174 In line with this,
policies ban posting messages that advocate for political exclusion, “which means
denying the right to political participation”. Meta focuses its engagement with LGBT
groups on hate speech, bullying and harassment. 175 However, other reports suggest
that social media platforms should invest significantly more effort in content
moderation, across regions and languages. 176 Monitoring of online political discourse
in Brazil highlights “the lack of effective regulation by service providers to prevent
and suppress inappropriate content from their networks”. 177
__________________
169
170
171
172
173
174
175
176
177
24-12964
Oana Ştefăniţă and Diana-Maria Buf, “Hate speech in social media and its effects on the LGBT
community: a review of the current research”, Romanian Journal of Communication and Public
Relations, vol. 23, No. 1 (2021), pp. 47–55.
European Commission, “Countering illegal hate speech online: 7th evaluation the Code of
Conduct” (2022).
See OutRight Action International, the CitizenLab and Open Observatory of Network
Interference, No Access: LGBTIQ Website Censorship in Six Countries (New York, 2022).
Submission by the national human rights institution of Brazil, p. 11.
A/HRC/38/35, para. 27.
See https://transparency.fb.com/en-gb/policies/community-standards/hate-speech.
Meta, Human Rights Report: Insights and Actions 2022 (2022), p. 40.
Human Rights Watch, “All This Terror Because of a Photo”: Digital Targeting and its Offline
Consequences for LGBT People in the Middle East and North Africa (2023); and Human Rights
Watch, “Middle East, North Africa: digital targeting of LGBT people”, 21 February 2023.
Available at www.hrw.org/report/2023/02/21/all-terror-because-photo/digital-targeting-and-itsoffline-consequences-lgbt and www.hrw.org/news/2023/02/21/middle-east-north-africa-digitaltargeting-lgbt-people.
Submission by the national human rights institution of Brazil, p. 12. See
https://internetlab.org.br/wp-content/uploads/2023/05/MonitorA-Relato-rio_Ingle-s_Digital.pdf.
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