Tort Liability of Digital Platforms for User-Generated Content

Abstract

This article examines the problem of liability allocation for harmful content posted by users on digital platforms. The author analyzes the contradiction between protecting victims' rights from defamation, hate speech, and intellectual property violations, and ensuring freedom of expression and the development of the digital economy. The study highlights the inadequacy of the traditional dichotomy between publishers and passive intermediaries in the context of modern platforms that actively curate, rank, and monetize user content through algorithmic systems. Based on comparative legal analysis, the author identifies three regulatory models: the American broad immunity model under Section 230, the European conditional exemption model with notice and takedown mechanism under the E-Commerce Directive and Digital Services Act, and the German differentiated liability model. Special attention is given to content moderation problems, risks of excessive censorship through automated filtering, and opacity of algorithmic decisions. The author identifies the absence of special platform liability rules in Uzbek legislation and proposes comprehensive regulatory modernization measures.