Jornal of Eslamic Human Rights

The Legal Responsibility of Digital Platforms for Content Removal Related to Sanctioned Individuals: The Case Study of General Soleimani

Document Type : Original Article

Author

fatemeh fallah tafti

Assistant Professor of Islamic Jurisprudence and Law Department, Allame Tabataba'i University, Tehran, Iran,

Abstract
This research provides a legal analysis of the practices of digital platforms, particularly Instagram and Twitter, in the widespread removal of content related to General Qassem Soleimani following his assassination in January 2020. The main issue investigated is the scope and basis of platforms' legal responsibility for implementing content moderation policies, especially when justified by sanction regimes and internal regulations, and to evaluate the conformity of these practices with international human rights law. The primary objective of the article is to assess the framework of platforms' legal responsibility based on the principles of international human rights law, notably the right to freedom of expression (Article 19 of the International Covenant on Civil and Political Rights – ICCPR) and the principle of due process. It also analyzes the legal implications of these practices for users and public discourse in the online sphere. The research methodology is qualitative and based on a critical analysis of international legal instruments (including treaties, general comments of the Human Rights Committee, and practices of human rights monitoring bodies), relevant domestic laws (especially sanctions laws and intermediary liability in the United States), and the "Terms of Service" of the respective platforms, all from the perspective of their compliance with international human rights principles. The findings indicate that while platforms have cited U.S. sanctions and their own terms of service, these legal bases face serious challenges under international human rights law, particularly regarding the principles of transparency, necessity,

Keywords

Digital platforms
Content removal
International human rights law
Sanctions
General Soleimani

Subjects

منابع
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