European Legal Studies Center Lunchtime Talks

Professor Miriam Buiten (University of St. Gallen) will present a talk: "From Free Speech to Platform Responsibility:
Rethinking Regulation and Liability Across the Atlantic"

Thursday, April 9, 2026
12:10pm to 1:10pm
WJW 103

Lunch will be served

Please RSVP

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Platform regulation is increasingly framed as a battle over free speech. In the United States, efforts to regulate platforms are often dismissed as censorship, while in the European Union—even under the Digital Services Act—concerns about over-removal and chilling effects remain central. Yet despite this transatlantic divide, both approaches share a flawed assumption: that platforms are essentially open spaces for user expression and should therefore not be overly constrained. Platforms reinforce this narrative by presenting themselves as tech companies or open communities. In reality, platforms are not neutral fora but highly curated, profit-driven environments that rank, filter, and amplify content. As engagement machines, they actively shape what is seen, shared, and valued in the digital public sphere. The European DSA represents a significant step forward by recognizing platforms’ systemic role in moderating content, managing amplification, and mitigating societal risks. Yet liability frameworks lag behind: they remain reactive and focused on individual content, overlooking how platforms’ design, algorithms, and business models contribute to foreseeable harm. This talk argues for a principled framework linking regulation and liability to platforms’ actual responsibilities. By moving beyond the myth of neutral intermediaries and recognizing platforms as active governors of the information ecosystem, law can develop more coherent, transatlantic approaches grounded in shared principles of accountability, control, and public interest.
 

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Miriam Buiten is a Professor of Law and Economics and a Vice Director of the Institute of Law and Economics at the University of St. Gallen. She is also a Research Fellow at the Centre on Regulation in Europe (CERRE) in Brussels and a co-founder of the HSG Law & Tech Lab. Her research focuses on internet governance, AI governance, and competition law in digital markets.
In 2024, she was awarded the Latsis Prize for her work on how law can shape technology and digital platforms. Her book Beyond Safe Harbours in Platform Liability: A Theory of Responsibility in the Digital Age is forthcoming with Oxford University Press.

Please RSVP