Picture this: you’re a politician in the 21st century. You’re running for election, and like all engaged, modern pols, you reach your voting base by being active on a variety of social media platforms (or, at least, you have someone do social media for you). On one of your social media profiles, someone else makes racist and bigoted comments about your electoral opponent. Can you face criminal charges for their comments?

Blending complex questions of electoral politics, hate speech, free speech, content liability, criminal culpability, and proper online stewardship, this is a question tailor-made for hot takes on tech policy. It’s also a question the European Court of Human Rights (ECtHR) recently addressed in Sanchez v. France: The court said yes; you can be held criminally liable (at least in Europe).

Read the full blog post here on Perkins on Privacy.