1) Our traditional understanding of freedom of expression has provided us with reasonably practical and balanced solutions to regulate offline freedom of expression (content issues like defamation, hate speech and national security, regulating the means of communication like broadcasting, print media and journalists, and parallel issues like the right to information – or access to information – and commercial issues). Since we have been stuck in the current mode for a while now and no one seems to have an appropriate solution, does this mean our traditional understanding is breaking down and we need to change it (whether or not that would mean new treaty language or just a new interpretation of the existing language)? Or do we just need to think a little bit harder, experiment more with solutions? And, in either case, what role do you believe think tanks can play?

2) Unlike previous technologies (the printing press, broadcasting), the digital space is constantly evolving. What impact does that have on balancing free speech against controlling harmful digital speech? Again, what role can think tanks play? 

3) Many have pushed for greater transparency for intermediaries as a core part of the solution. To what extent do you feel that this can indeed deliver important benefits in terms of addressing harmful speech? Many would argue that gains in this area have so far been limited. Would you agree and, if so, how might we lever practical progress in this area? Once again, what can think tanks do to help? 

4) Are there other framework solutions that we need to focus more on? What are they? Note: here I am thinking of big ideas, not more practical steps. At the level of transparency for intermediaries as a general way forward. 


Moderator: Grace Mutung’u,

Research fellow: Centre for IP and IT Law at Strathmore University (CIPIT). 

Speakers: Toby Mendel, Kyung Sin “KS” Park, Professor, Korea University School of Law, Executive Director, Opennet Korea and @Agustinadelcamp, Director, Center for Studies on Freedom of Expression and Access to Information (@CELEUP).