[altairprime]

That same property of inviolable non-excludable makes a social network inaccessible to those who are frequently harassed. The right to shun some participants is a necessary function of social spaces, to mitigate known and documented human tendencies over the past couple thousand years to drown out, abuse, and in general commit conversational warfare upon others.

“Just block them” doesn’t scale when each harasser is harassing thousands of people. “Just block scripts” is no more effective than blocking adblockers. “Opt-in moderators” is no more legally viable than “No moderators”.

If you want to moderate a space, then set up and run a space of your own. If you want to federate with others, you’ll comply with the moderation requirements of your federations. If you want your space to stay online, you’ll comply with the moderation requirements of your hosting and transit providers. If you want your federation to stay online, you’ll comply with the moderation requirements of your organization’s laws. This is true today for all social sites, whether solo or distributed.

Facebook thinks they can opt out of expensive and difficult moderation duties by transferring the legal requirements for moderation to their users. They may succeed briefly, but the EU will not look kindly upon their attempt to circumvent the law.