Limits and Regulatory Approaches to Freedom of Expression in the Private Governance of Digital Platforms_Vol. 3 No. 3 (JEL 2026)_Journal of Economics and Law (ISSN: 3005-5768)

Home > Journal of Economics and Law (ISSN: 3005-5768) > Vol. 3 No. 3 (JEL 2026) >

Limits and Regulatory Approaches to Freedom of Expression in the Private Governance of Digital Platforms

Download PDF

DOI: https://doi.org/10.62517/jel.202614319

Author(s)

Qianyi He*

Affiliation(s)

Faculty of Law, Macau University of Science and Technology, Macau, China *Corresponding Author

Abstract

Digital platforms build their own private governance systems. As entities that set rules, monitor user behavior, and determine and handle violations, these platforms pose new challenges to systems designed to protect freedom of expression. This paper examines the logic behind the formation of digital platforms’ private governance powers, analyzes the current state of governance and its shortcomings, and discusses the necessity of public law regulation in light of these platforms’ role in constitutional processes in China. Using a comparative approach, the paper identifies the practices from the EU, the US, and Germany. It also offers recommendations based on the EU Digital Services Act, including establishing specialized regulatory bodies within administrative agencies and conducting prior reviews of platform terms. These measures aim to clarify the boundaries of platforms’ private powers while balancing the need to maintain online order with the protection of freedom of expression.

Keywords

Freedom of Speech; Private Governance of Digital Platforms; Limits of Power; Fundamental Rights.

References

[1] Chen Daoying. Constitutional Challenges and Responses of Giant Platform. Northern Legal Science, 2026, 20(02):115-129. [2] Wang Yuting. Justification of Platform Private Power: Generative Logic and Content Composition. Local Legislation Journal, 2026, 11(02):135-148. [3] Wei Chengyi. The oretical structures and normative control of platform power-legal relation. Journal of Nanjing University of Posts and Telecommunications (Social Science Edition), 2024, 26(03):31-40. [4] Wang Yan, Wang Zhilong. The Regulation of Platform Autonomy from the Perspective of Private Power. Jingchu Law Review, 2024, (06):94-105. [5] Chen Bin. The Constitutional Basis for Creating Digital Platform Obligation. Global Law Review, Issue 3, 2023, 45(03):5-23. [6] Liu Shaoyu. How Does Public Law Intervene in Platform Governance?---Taking the Construction of Private Administrative Law as a Starting Point. SJTU Law Review, 2025, (02):64-77. [7] Guo Daohui. On the Right to Expression and Freedom of Speech. Yanhuang Chunqiu, 2011, (01):43-47. [8] Qin Qianhong, Wang Yuting. Expression in the Digital Age: Information Intervention of Algorithmic Recommendation and Its Legalization Response. Research on Rule of Law, 2024, (05):42-52. [9] Zeng Qinghui, Liu Qinyao. On the Interactive Reconstruction of Constitutional Rights and Civil Law Rights under the Background of Digital Governance. Journal of Northeast Normal University (Philosophy and Social Sciences Edition), 2025(05):98-111. [10] Qian Xiaoran. The Legal Boundaries and Regulations Regarding the Blocking of Accounts on Social Media Platforms. Rule of Law Culture, 2025, (02). [11] Wang Hongxia, Yang Yujie. Legal Regulation of Internet Platform’s Abuse of Standard Terms — A Case Study of 20 Internet User Registration Agreements. Journal of Shanghai University of Political Science and Law (The Rule of Law Forum), 2016, 31(01):46-55. [12] Li Chao. Legal Control of Editorial Freedom on Digital Platforms: Interpretation Based on Article 39 of the E-Commerce Law. Nanjing University Law Journal, 2025(01):135–153. [13] Chen Yuzhu, Lü Kangning. Social Platform Censorship from the Perspective of Freedom of Expression: Models, Challenges, and Reforms. Sichuan University Law Review, 2024, 21(01):77-89. [14] Li Huimin. Self-Regulation of Online Platforms in the Context of the Digital Economy: Basic Structures, Pattern Changes, and Improvement Paths. Shanghai Legal Studies, 2024, 12(02):535-552. [15] Wang Yan. Binary Regulation Through Public and Private Law on Private Power of Social Platforms. Studies in Law and Business, 2024(01):89-106. [16] Huang Yuang. The Legitimacy Dilemma of Platform Rules and the Rule of Law Response. Journal of Hubei University of Economics, 2026, 24(01):71-83.