Regulating Digital Harm Across Borders: Exploring a Content Platform Commission

Regulatory systems crafted in and for countries with well-functioning, well-intentioned democratic governments will have unintended effects that spill over to other societies. Looking at the regulation of online content platforms, risks surface that support a regulatory solution that considers the safety and human rights of people in countries whose governments are unwilling or unable to regulate content platforms effectively. This paper explores the strengths and weaknesses of three general approaches to the cross-border regulation of online content platforms – certification, liability, and self-regulation. Ultimately, it offers a co-regulatory approach in which the U.S. and/or EU governments certifies a quasi-governmental Content Platform Commission charged with setting transparency and redress standards and publishing research on risks and mitigation strategies in each market where content platforms operate. The proposed solution seeks to preserve intermediary liability protections and maintain platforms’ freedom to innovate while ensuring that decisions that affect people's interests are made transparently and with avenues for redress.