Presumed Innocent En Ligne Upd -

Private online platforms (X, Meta, TikTok) moderate billions of content items daily. Their terms of service often include clauses allowing suspension or removal "at our sole discretion." In practice, automated systems flag content based on statistical risk scores. A user is not presumed innocent; rather, a post is presumed violative if it matches a pattern (e.g., certain keywords, account age, report frequency).

Outside formal legal systems, online communities conduct their own rapid adjudications. A single accusatory post—screenshots of a text exchange, a video clip—can trigger a "digital pile-on." Within hours, the accused is named, shamed, and subjected to reputational and economic sanctions (job loss, doxing, harassment). presumed innocent en ligne

This is a shift from adjudication to pre-crime analytics . As Crawford and Schultz (2019) argue, algorithmic systems "produce suspicion rather than respond to it." The user has no right to confront the algorithm, no discovery of the training data, and often no meaningful appeal. In Jasper v. Meta (N.D. Cal. 2024), the court held that Section 230 shielded Meta from liability, but noted that "the plaintiff was effectively tried and convicted by a statistical model." Private online platforms (X, Meta, TikTok) moderate billions