A face of one’s own: The role of an online personae in a digital age and the right to control one’s own online personae in the presence of digital hacking

Abstract

AbstractIn the post-Covid world, our online personae have become increasingly essential mechanisms for presenting ourselves to the world. Simultaneously, new techniques for hacking online personae have become more widely available, easier to use, and more convincing. This combination, of greater reliance on online personae and easier malicious hacking, has created serious societal problems. Techniques for training users to detect false content have proved ineffective. Unfortunately, legal remedies for dealing with hacked personae have also been inadequate. Consequently, the only remaining alternative is to limit the posting of false content. In this discussion paper, we provide an overview of online personae hacking. As potential remedies, we propose to redesign search engine and social media algorithms allowing platforms to detect and restrict harmful false content and a new fundamental right for the EU Charter that would provide legal justification for platforms to protect online reputations. For those platforms that might choose not to protect online reputations, this new right would require that they do so.