DOI: 10.12688/f1000research.186784.1 ISSN: 2046-1402

Digital platforms and illegal content: Problematics of liability and the balance between freedom of expression and the protection of society: A comparative study of Emirati and French law

Fatiha Gourari, Hamzeh Abu Issa, Enas Alqodsi, Farouq Alazzam, Abouelwafa Ibrahim
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Background The rapid expansion of digital platforms has transformed the dissemination of information and intensified concerns regarding the circulation of illegal digital content. This development has generated significant legal challenges concerning the extent of digital platforms’ criminal liability while preserving the fundamental right to freedom of expression. The study examines how legal systems can establish an appropriate balance between protecting individual rights and public interests without imposing disproportionate restrictions on online expression. Methods This study adopts a comparative analytical legal methodology to examine the legislative frameworks governing the criminal liability of digital platforms for illegal content under the laws of the United Arab Emirates and France. The analysis focuses on the UAE Federal Decree-Law on Countering Rumors and Cybercrimes, the French Law on Confidence in the Digital Economy, the Law on Securing and Regulating the Digital Space, the Digital Services Act, and relevant judicial decisions and legal doctrine. Results The analysis reveals significant differences between the Emirati and French approaches to regulating platform liability. While UAE legislation adopts a unified framework criminalizing acts related to illegal content, it lacks precise procedural time limits and imposes limited obligations regarding content removal. In contrast, the French and European frameworks establish more detailed obligations, stricter removal requirements, and stronger enforcement mechanisms, including substantial financial sanctions and complementary penalties. The study also identifies legislative ambiguities and overlapping provisions within the UAE legal framework that may affect legal certainty and effective enforcement. Conclusions The study concludes that an effective regulatory framework should balance freedom of expression with the protection of society by clearly defining the obligations of digital platforms, establishing reasonable deadlines for removing illegal content, strengthening deterrent sanctions, and enhancing legislative clarity. These reforms would contribute to improving legal certainty and promoting a safer and more balanced digital environment.

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