Cenzorzy XXI wieku? Rozważania na tle wybranych regulacji UE o zwalczaniu nielegalnych treści w Internecie
Censors of the 21st Century? Reflections on Selected EU Regulations on Combating Illegal Content Online

Summary/Abstract: This article contains analysis of EU law on combating illegal content online that is constructed in such away that online platforms, in order to avoid liability and achieve other aims, undertake actions directed at combating illegal content, but in doing so, also monitor other content posted by users. The aim of deliberations is to identify legislative solutions that grant online platforms an almost overwhelming power to control online content and to analyse whether such solutions may, in fact, lead to censorship. The focus is primarily on legal provisions that do not directly regulate the right of online platforms to apply censorship but include instruments that empowers them with the ability to do so—often without offering any viable alternative course of action. This thesis is connected to the belief that the various obligations imposed by EU law on online platforms are indeed intended to ensure the removal of illegal content, but their effective implementation cannot succeed without monitoring content posted by all users. Therefore, online platforms monitor all content in order to identify and remove what is illegal. As a result, they gain control over content that is not illegal, but may be removed for other reasons—ranging from economic to political considerations. Platforms can do this because the EU has equipped them with appropriate tools and encouraged their use, thereby creating a regulatory environment conducive to the development of censorship. On the other hand, EU regulations contain instruments aimed at countering censorship by these entities and protecting the right to freedom of speech for their users. However, the question arises whether they are able to do this effectively?

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