Algorithmic Platform Moderation and Freedom of Expression in Ukraine

Abstract

The article examines the transformation of freedom of expression under private algorithmic governance of the public digital sphere. The relevance of the topic is that global online platforms increasingly act as de facto intermediaries for political communication, news exchange, documentation of war crimes, and civic mobilisation, while Ukrainian legislation lacks a comprehensive model for their procedural accountability. The purpose of the article is to identify the legal risks of algorithmic moderation for freedom of expression and to substantiate a regulatory model suitable for Ukraine in the context of war, information aggression, and European integration. The methodology is based on doctrinal, comparative legal, functional, and systemic methods, as well as on the analysis of legal and policy materials concerning the European Union, the United States, the United Kingdom, Taiwan, and Ukraine. The results show that the European Union model provides the most developed procedural safeguards; the American model preserves excessively broad private platform discretion; the British approach emphasises risk-oriented service safety; and the Taiwanese model demonstrates the effectiveness of social resilience and non-punitive coordination. The article substantiates the need for a hybrid model for Ukraine that combines reasoned moderation decisions, internal and independent appeals, systemic risk assessment, an institutional channel of communication with platforms, and rapid response to disinformation, without granting the state censorship powers. Further research should focus on the development of a special law on digital services and platform governance.