24.
Following the hearing of the parties to the petition on Aug. 3, 2020, we ordered the
Respondents to supplement their arguments, inter alia, in regard to parallel arrangements in other
countries.
25.
The Respondents did so, and in that context, presenting examples from comparative law,
they reiterated their arguments that internet platform operators have broad discretion in deciding
whether or not to remove publications, and that the Respondents’ authority to act in the framework
of the voluntary mechanism is grounded in their power to enforce the rule of law and to protect
the public interest. Therefore, in their view, they are permitted to act to bring about the removal of
harmful internet publications that appear to violate criminal law, and that this is in accordance with
the auxiliary power granted to them as an administrative agency (in our case, in reliance upon sec.
17(b) of the Interpretation Law). The Respondents also repeated their arguments that the reporting
of publications overwhelmingly concerns instances of expression that can harm state security, and
that the referrals are made subject to the fulfilment of a number of cumulative criteria,
demonstrating that the governmental agencies and the State Attorney’s Office will only act in this
area in exceptional, extreme circumstances.
26.
Turning to comparative law, it is argued that a number of democratic states and
international bodies also address this subject through voluntary enforcement, without any specific,
express authority in primary legislation, and that the world now agrees that this is the only effective
means for the removal of violating publications from the internet, and that otherwise a situation of
total anarchy would emerge, in which everyone would do as he sees fit, while violating local
criminal law. In this regard, it is further argued that international arrangements and regulatory
guidelines applicable under European law serve as the source of authority for voluntary
enforcement by states and various bodies in the European Union in the matter of removing harmful
publications from the internet. Examples of this were provided from France, Belgium, Spain,
Germany, and Great Britain.
Thus, for example, in 2016, the European Union signed an arrangement with Facebook,
Microsoft, Twitter, and YouTube that outlines the treatment of hate publications by means of the
internal reporting mechanisms of the internet platforms. These arrangements were later joined by
such companies as Instagram, Snapchat, and TikTok. Pursuant to the arrangement, various bodies
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