Copyright enforcement on social media platforms: Implications for freedom of expression in the digital public sphere

Abstract

Online social media platforms (e.g., Facebook, Twitter, YouTube, TikTok) constitute a core component of the contemporary digital public sphere. As such, their regulation should be designed in a manner that enables these platforms to flourish as digital spaces for robust democratic discourse. Ensuring effective protection of users' fundamental right to freedom of expression is critical toward achieving this aim. This chapter explores how the current EU legal framework on copyright enforcement-the seminal provision of which is Article 17 of the Copyright in the Digital Single Market Directive (DSM) [2019]-can undermine the freedom of expression on social media platforms by limiting users' ability to reuse and reinterpret copyright-protected content in ways that promote democratic discourse. Thus, the chapter focuses on legal aspects of social media platform regulation. The chapter concludes by outlining several proposals presented by copyright law scholars for ensuring a fair balance between user and copyright holder interests in a way that promotes robust democratic discourse in the digital public sphere.