Towards a global approach to digital platform regulation

After decades of reluctance, governments around the world are moving to regulate, and more actively direct, digital platforms in an effort to tackle perceived harms and to strengthen state oversight and control. Digital sovereignty is emerging as a critical goal, but the agenda is complicated by national security considerations, the influence of tech companies and domestic politics. There is significant diversity among countries in their approaches to platform regulation at present, with no clearly established norms or best practice. As yet, no one model is winning out. Neither legislation from Brussels, nor decisions made in Beijing, London or Washington are guaranteed to set the global agenda going forward. As such, there is a real risk of fragmentation becoming entrenched. Multilateral organizations are not currently providing sufficient leadership on the shape and execution of regulation at the international level. Whether the trend towards global divergence continues or moves towards convergence is a critical policy question. It is probable that while some convergence among like-minded nations will occur over time, further fragmentation is likely without the promotion of new approaches to global governance. A jurisdictional, fragmented internet could emerge as a result, with the world becoming a vast ‘Venn diagram’ of partially porous internets built around national languages, cultures and platforms, but accessible to all and controlled crudely. US technology provision remains the dominant force in shaping global norms, while EU regulation is its most influential check. Insofar as values-based lawmaking around digital platforms remains the primary way in which global regulatory efforts are made, the EU will continue to lead. But translating policy priorities and laws into technical standards presents its own unique challenge, and China outcompetes the EU in offering a ‘full stack’ of digital technologies, complete with standards and infrastructure, to developing countries seeking to digitize at pace. Despite being overlooked by some in the tech industry, human rights provide a well-established and compelling framework that could contribute to a global regulatory approach. The core principles and standards of human rights are universal and have long been institutionalized by the international community, meaning that regulatory regimes aligned to human rights norms would have force from the outset. Human rights are not a complete solution to the problem. Governments must also adopt other measures to help preserve an open, global internet, including tackling national divergence on platform regulation, increasing investment in international digital cooperation and securing the continued relevance and strength of existing institutions responsible for maintaining openness. To understand the divergence in global approaches to platform regulation, the authors reviewed 55 laws and proposals for legislation from around the world placing requirements on how platforms should moderate content as of October 2022. This research paper explores the results of that analysis, defining and detailing a set of global regulatory trends, including five notable approaches: strict custody; independent regulation; user rights and capacities; extensive platform monitoring; and data localization as part of content moderation regulation. The paper also outlines possible pathways for the future of platform regulation, including those of the major digital centres in the EU, China, the UK and the US. It discusses the issues around establishing global frameworks and the potential role for human rights. The paper concludes with recommendations on how policymakers can make progress towards alignment on platform regulation and preserve the open, global internet.