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Anyone who manages a platform, website, or community may establish and enforce their own house rules (community guidelines) — think of removing offensive comments or banning accounts. This freedom is extensive, but not unlimited: you must stay within the law (no discrimination) and clearly define what is and is not allowed, the procedure you follow, and the consequences.
Major tech platforms regularly remove accounts or posts based on their house rules. Is this allowed, and what does it mean for your own website or community? We summarize it.
Why platforms are allowed to enforce house rules
Platforms are permitted to take action because they establish house rules or community guidelines and enforce compliance. In fact, it is almost a duty. If they leave everything untouched and a platform degenerates into an environment of hate, they themselves run the risk of liability claims. For instance, there are examples of organizations that successfully sued a platform because it was too slow to remove harmful imagery of victims.
At the same time, there is debate: some believe that not a company, but a judge should decide on the removal of statements by, for example, politicians, because freedom of expression should not be restricted by a private company. That tension between private internal rules and fundamental rights is still at play.
What belongs in good house rules?
Good house rules clarify what is and isn't allowed, as well as what the platform does in the event of a violation. To prevent disputes, it helps to provide concrete examples. If, for instance, you prohibit nude images, clarify what falls under that category: does a photo of a bare back count, or a photo of a breastfeeding child? The more concrete, the less room for discussion.
Also document the procedure :
- Does a notification come in first, or does an algorithm assess automatically?
- Does the user have the right to respond?
- What happens to any credits or accrued rights on the platform?
Also important for Dutch entrepreneurs
It is not only large tech platforms that set rules: the organizer of an event or the owner of a company website can do so as well. If you allow visitors to respond to your posts or interact with each other, you may grant yourself the right to remove offensive comments or ban users. In principle, it makes no difference whether a comment comes from a random visitor or from a prominent person.
That freedom does, however, come with legal limits. Discrimination, for example, is not allowed, and other rules may also apply. Therefore, record your house rules carefully and in a legally correct manner.
Frequently Asked Questions
May I delete comments on my website?
Yes. As an administrator, you may set house rules and remove offensive or unwanted comments, provided you stay within the law and do not discriminate. It helps to establish this in clear house rules beforehand.
Can I ban a user?
In principle, yes, based on your house rules. Be transparent about when this occurs and the procedure you follow, and take into account any credits or rights of the user.
What are the limits to house rules?
You have a great deal of freedom, but must stay within the law: discrimination is prohibited, and depending on the situation, other rules may apply. Have your house rules legally reviewed.
Have house rules legally drafted
Clear, legally sound house rules prevent disputes and protect you against liability. The legal experts at MKB Juristen draft appropriate house rules and accompanying documents for you. Contact us for advice.
