Evolution of illegal social media communication regulation

Cyberspace is inhabited by netizens who are increasingly communicating by means of social media. Although social media communication may be an integral part of daily life, not all social media communication is legal. This discussion is based on the premises that most countries are of the opinion that communication in cyberspace cannot be without consequences. Speech must be regulated otherwise cyberspace may be abused for terrorism propaganda and recruitment, incitement to commit a crime and hate speech. Governments face many challenges and controversies pertaining to illegal social media regulation. Worldwide governments are deliberating the regulation of illegal social media content for law enforcement and national security purposes. It must be decided which social media communication constitutes illegal communication and how illegal communication can effectively be regulated. In this regard, a government must decide whether a social network has a corporate responsibility to self-regulate illegal communication or whether a law outlining the duties of an intermediary pertaining to illegal communication should be implemented. In the latter regard, the German government indicated that self-regulation has proven to be insufficient and has opted for control over the regulation of illegal communication by means of legislation. The latter illustrates that the legal position of the social media intermediary is evolving. Germany is the first country in the world that adopted legislation, namely the Network Enforcement Act (NetzDG) which makes an intermediary liable for not deleting illegal communication within a specific time frame. The NetzDG may serve as a model to countries deliberating this issue. For example, Russia is implementing similar legislation modelled on the German law. The discussion focuses on the manner in which some countries are regulating illegal communication and whether it is effective. Irrespective of the form of regulation employed, social media networks are key to regulation as they provide the social media platforms for social media services. The main aim of regulating illegal social media communication is to ensure a safe and secure cyberspace in which speech and access to speech are protected.