The Role of Civil Society Organizations in Business and Human Rights Litigation: Hate Speech in the Technology Sector

Civil society organizations (CSOs) and individuals have become pivotal actors in business and human rights litigation, particularly in the technology and digital sectors. This study explores how CSOs leverage human rights instruments and principles, such as the United Nations Guiding Principles on Business and Human Rights (UNGPs), through strategic litigation and advocacy. By examining key case studies, it illustrates how CSOs influence corporate accountability, shape legal frameworks, and mobilize public opinion to address issues such as online hate speech and violations of digital rights. The analysis draws on global challenges, including the role of social media in exacerbating conflict and violence, and highlights the limitations of government regulation in this domain. The paper also discusses how strategic litigation has driven reforms in balancing content moderation, protecting freedom of expression, and ensuring privacy and data protection, offering valuable lessons for global application.

The paper underscores the socio-political impact of CSO-led litigation, showing how these efforts shape societal norms, influence legal and regulatory frameworks, and alter corporate behavior. It highlights common strategies employed by CSOs, including litigation, collaboration, and public advocacy, while addressing the challenges they face in a rapidly evolving digital landscape. The paper explores how these actors shape human rights norms both globally and locally and investigates whether strategic litigation and global social movements are extensions of hegemonic rule-making or tools that grassroots individuals incorporate into their local human rights practices with a victim-survivor-centered approach. Ultimately, the paper aims to contribute to the ongoing discourse on business and human rights, the regulation of online hate speech, and corporate accountability in the digital age, emphasizing the critical role of CSOs in vernacularizing human rights norms and shaping a rights-respecting future.