Abstract

NGALULA, Jimmy Kamunga. The participation of the Meta's Oversight Board in the protection of online freedom of expression in Africa: towards a 'privatisation' of the protection of fundamental rights in the digital space?. AHRY [online]. 2023, vol.7, pp.208-233. ISSN 2663-323X.  http://dx.doi.org/10.29053/2523-1367/2023/v7a10.

The growth of the digital sector has, thanks to the internet, facilitated the exercise of freedom of expression. Anyone, anywhere, can communicate freely, particularly via Facebook and Instagram, owned by the private American company Meta Platforms Inc. The content likely to violate Meta's community standards and values is subject to its moderation policy, which incorporates international human rights standards. Decisions taken within this framework may be appealed to the Oversight Board (Board), a private sui generis body for the protection of online freedom of expression throughout the world. Drawing on the doctrinal legal method, this study emphasises that the Board is a non-judicial complaints mechanism that does not replace or graft itself onto African quasi-judicial and judicial human rights protection bodies and state courts, which remain competent for human rights violations committed online. Demonstrating the impact of Meta's automated processing of content on users' freedom of expression, this article calls on African states to adopt, like those of the European Union (EU), an appropriate regulatory framework with private digital companies and to take national legislative measures to regulate the distribution of virtual social networks on their territories. Given the deterritorialisation of the effects of the Board's decisions, this will have the advantage of better reconciling the responsibility of these companies to respect human rights, incorporating the democratic and cultural values of African history, with the implementation of positive state obligations to respect and protect human rights in the face of the challenges arising from the use of the internet.

Keywords : Conseil de surveillance de Meta; entreprises privées du numérique; liberté d'expression en ligne; modération des contenus; droits de l'homme; Afrique.

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