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  • 9 - Freedom of Expression and Positive Obligations of the State in Social Media

  • from Introduction to Part II
  • Edited by Tiina Pajuste, Tallinn University
  • Book:
    Human Rights in the Digital Domain
    Published online:
    24 October 2025
    Print publication:
    13 November 2025, pp 159-174
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  • Summary

    This chapter analyses the evolving role of states in safeguarding freedom of expression within the digital environment, particularly on social media platforms. It highlights how states have both negative obligations (to avoid undue interference) and positive obligations (to actively protect and ensure the right to freedom of expression). The European Court of Human Rights and other international bodies emphasise that states must create a favourable environment for public debate, protect speakers from harm, and ensure media pluralism. These obligations extend to relations between private parties, including users and internet intermediaries. The chapter emphasises that freedom of expression in the digital age requires states to actively safeguard rights while balancing regulation and accountability. It warns against reliance on private platforms for enforcing speech limitations and underscores the importance of transparent, rights-based governance.