Big Tech firms request the European Union to frame new rules that would protect them from legal liabilities for actively removing hate speech and other illegal or harmful content.

Big Tech firms are expected to police activity such as hate speech responsible for inciting violence (for instance in places like Myanmar) or spreading disinformation (for instance to influence US Presidential Election 2016 by the Russians or the UK’s Brexit vote) for legal protection.

The request has been sent by an association of big tech firms to the officials in the European Commission, Parliament and Council. European Commission is devising digital policy measures aimed at giving the big tech firms greater responsibility for what users post on their sites. The ultimate aim is to curtail the spread of harmful content and illegal products (such as unsafe toys}.

A European legal safeguard would give Big Tech greater leeway to use their resources and technology in creative ways. The new rules would protect them from liability for what is posted on their sites, unless they have actual knowledge of its presence. Suppose a user flags it harmful, it has come to the actual knowledge of the site. Once they become aware of illegal content, they are obliged to act fast to remove it.

There is no clarity on what is considered ‘actual knowledge’. This has prevented Big Tech from being more proactive in dealing with bad content. There are risks associated with it — facing legal consequences for hosting it.

Big Tech fear that voluntary removal of content could be construed as having actual knowledge, and thus making them liable.