OPINION - Regulating digital realm: Balancing freedom and responsibility

• It is essential to recognize that regulations empowering users against digital platforms are crucial. Crimes that are illegal in the physical world should not be exempt from the law when committed online
• Interestingly, legal regulations that are celebrated as vital for a more democratic online experience in European countries are often dismissed as 'censorship' when applied in Türkiye
• In an era where digital platforms wield immense power, the urgency for fair and consistent legal regulation cannot be overstated

The author is a researcher at TRT World Research Center based in Istanbul, Türkiye.

ISTANBUL

Digital platforms have become integral to modern life, but their impact extends beyond individuals, potentially causing serious harm to societies, financial systems, and economies. These platforms, initially seen as tools to strengthen democracies, have instead disrupted social peace by spreading disinformation and hindering the formation of healthy public opinion. The need for legal regulation of digital platforms has thus emerged as a crucial issue over the past decade.

The dark side of digital integration

The integration of digital platforms into everyday life has led to significant changes in various sectors, including the economy, politics, and media. The adverse effects of digital platforms are evident in instances where individuals have harmed themselves or others due to the content they encountered online, with some even committing mass murders broadcast live on social media. These platforms also contribute to the rise of radicalization and manipulation through personalized messages, as seen in the Cambridge Analytica scandal (2018), in which data was used to influence the political preferences of millions.

The Cambridge Analytica scandal posed a significant threat to the public sphere by exploiting personal data to manipulate political opinions and behaviors without the users' consent. By harvesting and analyzing data from millions of Facebook profiles, the company targeted individuals with highly personalized political ads, undermining the transparency and fairness essential to democratic processes. This manipulation not only distorted public discourse, but it also eroded trust in social media platforms as spaces for genuine dialogue, highlighting the vulnerability of the public sphere to covert influence and the need for robust data protection and ethical standards in the digital age.

Many governments take action

In response to these developments, many governments have begun to take action to address the clear threat posed by digital platforms. However, a striking double standard exists in the legal regulation of these platforms, reflecting the current global power dynamics. This double standard is evident in the application of so-called universal rules such as human rights and international agreements.

Germany was the first country to introduce comprehensive regulation for social media platforms with the Network Enforcement Act (NetzDG), which came into force in 2017. This regulation imposed several important obligations on online platforms, including the establishment of a complaint mechanism for illegal content and the submission of periodic reports on content removal procedures. Facebook (now Meta) was the first major company fined under this regulation.

Around the same time, other countries, including Türkiye, also began to introduce legislation for social media platforms. In Türkiye, the first comprehensive regulation on internet publications and offenses was introduced in 2007, and the first regulation specifically targeting social media platforms was enacted in 2020. These efforts aimed to ensure that social media platforms comply with Turkish law by requiring them to have legal representation in the country.

An inevitable requirement of the digital age

More recently, the European Union introduced the Digital Service Act (DSA) and Digital Market Act (DMA), which came into force in all European Union (EU) member states on February 17, 2024. These regulations establish a comprehensive framework of rules, responsibilities, and sanctions for the entire internet ecosystem, promising a safer digital space with fundamental rights protected. The regulations impose different obligations on platforms of varying sizes, with the most extensive responsibilities assigned to very large online platforms and search engines that reach more than 10% of the total number of users in Europe.

Under these regulations, digital platforms are required to remove illegal content and cooperate with legal authorities. In cases of serious crimes such as murder or terrorist attacks, platforms must share information such as IP addresses, location data, and passwords with legal authorities after judicial approval. The primary sanction for noncompliance with these regulations is a fine calculated as a percentage of the platform's annual revenue. Additionally, the EU regulations allow authorities to take measures beyond fines when necessary.

Despite the reasonable and necessary nature of these legislative initiatives, attempts to implement similar regulations in Türkiye have been met with criticism from some Western media organizations, which label them as restrictions on democracy and freedom of expression. However, it is essential to recognize that regulations empowering users against digital platforms are crucial. Crimes that are illegal in the physical world should not be exempt from the law when committed online. While details may vary between countries, all attempts at legal regulation aim to protect individuals and society from the risks posed by digital environments.

Necessary for everyone, not just ‘the elite’

Interestingly, legal regulations that are celebrated as vital for a more democratic online experience in European countries are often dismissed as “censorship” when applied in Türkiye. It is clear that legal regulations forcing digital platforms to take responsibility and cooperate with authorities are necessary. However, these regulations must be implemented fairly and consistently across the globe to ensure that everyone, regardless of location, is subject to the same standards in the digital world.

In an era where digital platforms wield immense power, the urgency for fair and consistent legal regulation cannot be overstated. As these platforms continue to shape public discourse, influence political outcomes, and affect societal stability, it is imperative that they are held accountable to the same legal standards as any other entity. Regulations that protect individuals and uphold the integrity of democratic processes are not just desirable but essential. To truly harness the benefits of the digital age, global cooperation and robust legal frameworks are needed to ensure that the digital landscape remains a space of equity, security, and genuine freedom.

*Opinions expressed in this article are the author’s own and do not necessarily reflect Anadolu's editorial policy.