Policy Brief No. 182 — January 2024
Digital Authoritarianism: The Role of Legislation and Regulation Marie Lamensch Key Points → A unique relationship has emerged between states and private companies as they attempt to manage harmful speech within an ever-evolving information ecosystem. → A growing number of illiberal and authoritarian regimes are deploying legislation and regulation as tools of digital authoritarianism; legislative and regulatory practices are also emerging among democracies, which complicates the discussion. → International human rights law and initiatives can serve as a normative framework to confront digital authoritarianism. But the paucity of enforcement mechanisms, as well as tech companies’ unique attributes, have limited their reach. → Democratic governments, independent researchers and subject matter experts, as well as civil society groups, should collaborate to confront digital authoritarianism, including by working within multilateral bodies and emerging global tech initiatives.
Introduction The utopian vision that the internet and social media would propel profound progressive change and weaken autocratic regimes is long gone. As information has moved online in the twentyfirst century, so have repression and information manipulation, targeted and arbitrary surveillance, threats, and disinformation. Illiberal and autocratic state and non-state actors have learned to use digital technologies to manipulate the information space and shape it to their needs, both to suppress freedom of speech, and to monitor and control citizens. The objectives of authoritarian information manipulation are not new — Adolf Hitler and Joseph Stalin had powerful and malignant propaganda and surveillance capacities, as have despots throughout history — but the modern tools are new. In 2023, the digital authoritarian tool box comprises a panoply of technologies, including social media platforms, artificial intelligence, spyware and surveillance cameras. Globally, we have seen a rapid convergence of such technologies and the application of legislation and regulation to shape the information ecosystem and control speech. This brings a significant erosion of fundamental freedoms and human rights, and of individuals’ rights both on- and offline. As a consequence, democracy itself is undermined. This policy brief will define digital authoritarianism and its practices, then cite case studies as an