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Abstract

Prior censorship is unequivocally interpreted by the Inter-American Human Rights System (“Inter-American System”) as a step too far in moderating expression. Except in the quite narrow circumstances allowed for under Article 13(4) of the American Convention on Human Rights (“ACHR”), the Inter-American System has reiterated that prior censorship is forbidden. However, prior censorship is widely used in social media platforms as a tool of content moderation. Should such techniques be banned, or should more exceptions be allowed in the regulation of speech?

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