ABSTRACT
The purpose of this contribution is to reflect on the challenges that accountability is presented with in the area of online content moderation, with emphasis on practices adopted for the regulation of hate speech online. To do so, the chapter first considers the implications of the shift regarding online content moderation from states to online platforms, in the fast-developing area of digital constitutionalism. The analysis will deal not only with the role of the state in the digital environment but also with that of internet intermediaries-labelled as ‘private superpowers’-in providing more accountable webs of protection for affected individuals and groups in the post-truth era. The discussion of the regulatory ‘exchange’ between the two actors will reveal the difficulties and advantages of this evolving policy area on the level of accountability for digital platform users. The second part of the analysis takes a closer look at how the most common tools of online content moderation pose a challenge to accountability in more specific terms, in order then to explore the current trends in the European legal landscape on the question. Ultimately, the chapter concludes with a consideration of the challenges ahead.
