Defamation By Algorithm: Liability Of Platforms For Automated Content Amplification
- IJLLR Journal
- 2 hours ago
- 2 min read
Tanisha Acharya, B.B.A. LL.B. (Hons), Symbiosis Law School, Noida
ABSTRACT
The recent developments which have taken place in the digital communication platforms have shifted the role of platforms from passive intermediaries to active distributors of information, fundamentally altering the public discourse. At the core of this transformation lies a set of algorithmic systems that amplify and curate content strategically to drive user engagement. Through this paper, we will analyse the problem caused to the general public from “defamation by algorithm”, and we will also examine if the ambit of the term “publication” extends to the automatic amplification of libelous content and the liability of platforms for dissemination of such content. The priority given by these data driven systems to viral metrics rather than focusing on factual relevance of the content leads to character assassination spreading like wildfire across borders. This has the potential of causing irreversible reputational damage, rendering the judicial remedies obsolete. The adequacy of the current legal frameworks in maintaining a balance between right to reputation and freedom of speech and expression is evaluated through this paper by adopting a doctrinal and analytical methodology. This paper suggests that even if the lack of human intent is used as a defence by the platforms, similarity can be found between traditional editorial publication and the targeted promotion of content by various algorithms. The study finds that the opacity of algorithmic harms can’t be addressed by traditional defamation principles and “actual knowledge” standards as they are not well equipped to do so. As a result, it has become a struggle for the courts all around the world to hold algorithmic systems accountable within outdated statutory parameters. The paper highlights the need for a rights-based regulatory model which can balance accountability of the platforms without compromising Article-19 which talks about freedom of speech and expression and legal reforms which can recognize the role of algorithms in disseminating content.
Keywords: Algorithmic Amplification, Defamation, Intermediary Liability, Safe Harbor, Digital Services Act, Publication.
