Does social media have a censorship problem?

Credit: Flickr / Jason Howie

Facebook made headlines this week over allegations by former staff that the site tampers with its “what’s trending” algorithm to remove and suppress conservative viewpoints while giving priority to liberal causes.

The news isn’t likely to shock many people. Attempts to control social media activity have been rife since Facebook and Twitter launched in 2006. We are outraged when political leaders ban access to social media, or when users face arrest or the threat of violence for their posts. But it is less clear cut when social media companies remove content they deem in breach of their terms and conditions, or move to suspend or ban users they deem undesirable.

“Legally we have no right to be heard on these platforms, and that’s the problem,” Jillian C. York, director for international freedom of expression at the Electronic Frontier Foundation, tells Index on Censorship. “As social media companies become bigger and have an increasingly outsized influence in our lives, societies, businesses and even on journalism, we have to think outside of the law box.”

Transparency rather than regulation may be the answer.

Screen Shot 2016-05-11 at 17.16.47Back in November 2015, York co-founded Online Censorship, a user-generated platform to document content takedowns on six social media platforms (Facebook, Twitter, Instagram, Flickr, Google+ and YouTube), to address how these sites moderate user-generated content and how free expression is affected online.

Online Censorship’s first report, released in March 2016, stated: “In the United States (where all of the companies covered in this report are headquartered), social media companies generally reserve the right to determine what content they will host, and they do not consider their policies to constitute censorship. We challenge this assertion, and examine how their policies (and the enforcement thereof) may have a chilling effect on freedom of expression.”

The report found that Facebook is by far the most censorious platform. Of 119 incidents, 25 were related to nudity and 16 were due to the user having a false name. Further down the list were content removed on grounds of hate speech (6 reports) and harassment (2).

“I’ve been talking with these companies for a long time, and Facebook is open to the conversation, even if they haven’t really budged on policies,” says York. If policies are to change and freedom of expression online strengthened, “we have to keep the pressure on companies and have a public conversation about what we want from social media”.

Critics of York’s point of view could say if we aren’t happy with the platform, we can always delete our accounts. But it may not be so easy.

Recently, York found herself banned from Facebook for sharing a breast cancer campaign. “Facebook has very discriminatory policies toward the female body and, as a result, we see a lot of takedowns around that kind of content,” she explains.

Even though York’s Facebook ban only lasted one day, it proved to be a major inconvenience. “I couldn’t use my Facebook page, but I also couldn’t use Spotify or comment on Huffington Post articles,” says York. “Facebook isn’t just a social media platform anymore, it’s essentially an authorisation key for half the web.”

For businesses or organisations that rely on social media on a daily basis, the consequences of a ban could be even greater.

Facebook can even influence elections and shape society. “Lebanon is a great example of this, because just about every political party harbours war criminals but only Hezbollah is banned from Facebook,” says York. “I’m not in favour of Hezbollah, but I’m also not in favour of its competitors, and what we have here is Facebook censors meddling in local politics.”

York’s colleague Matthew Stender, project strategist at Online Censorship, takes the point further. “When we’re seeing Facebook host presidential debates, and Mark Zuckerberg running around Beijing or sitting down with Angela Merkel, we know it isn’t just looking to fulfil a responsibility to its shareholders,” he tells Index on Censorship. “It’s taking a much stronger and more nuanced role in public life.”

It is for this reason that we should be concerned by content moderators. Worryingly, they often find themselves dealing with issues they have no expertise in. A lot of content takedown reported to Online Censorship is anti-terrorist content mistaken for terrorist content. “It potentially discourages those very people who are going to be speaking out against terrorism,” says York.

Facebook has 1.5 billion users, so small teams of poorly paid content moderators simply cannot give appropriate consideration to all flagged content against the secretive terms and conditions laid out by social media companies. The result is arbitrary and knee-jerk censorship.

“I have sympathy for the content moderators because they’re looking at this content in a split second and making a judgement very, very quickly as to whether it should remain up or not,” says York. “It’s a recipe for disaster as its completely not scalable and these people don’t have expertise on things like terrorism, and when they’re taking down.”

Content moderators — mainly based in Dublin, but often outsourced to places like the Philippines and Morocco — aren’t usually full-time staff, and so don’t have the same investment in the company. “What is to stop them from instituting their own biases in the content moderation practices?” asks York.

One development Online Censorship would like to see is Facebook making public its content moderation guidelines. In the meantime,the project will continue to strike at transparency by providing crowdsourced transparency to allow people to better understand what these platforms want from us.

These efforts are about getting users to rethink the relationship they have with social media platforms, say York. “Many treat these spaces as public, even though they are not and so it’s a very, very harsh awakening when they do experience a takedown for the first time.”

Hush — slander is a criminal offence in India

Nitin Gadkari, party chief, Indian opposition Bharatiya Janata Party (BJP), during their workshop on Minorty Welfare through good governance, organised by the Indian opposition party (BJP) in New Delhi. (Photo: Amit Kumar / Demotix)

Nitin Gadkari, a politician with a chequered, if not dubious record of integrity and probity, had a political opponent arrested for slander. (Photo: Amit Kumar/Demotix)

Once, President Lyndon Johnson was caught in the crossfire of an anti-Vietnam war protest. A placard was shoved in his face: “LBJ pull out, like your daddy should have done.” Sure, LBJ got the pun, as would have Anthony Weiner in our present times, but he remained unperturbed. Consider Lady Violet Bonham Carter’s biting repartee to an irresolute Sir Stafford Cripps, saying he “has a brilliant mind — until it is made up”.

Mordant wit is what makes politics and political debates sparkle with brilliance, besides deflating windbags and putting stuffed shirts in their place. Even if the “sourcasm” is discounted, plainspeak and no-holds barred verbal duels contribute in no small measure to ensuring accountability, for who isn’t mortally petrified of lacerating criticism?

Turns out that in India, folks with brittle egos and skeletons stacked up in their closets, can and will wield the law to clam a critic’s mouth shut, and even have them put in jail. And this is irrespective of resorting to some risqué puns.

Arvind Kejriwal, founder of the Aam Aadmi (Common Man) Party, who is out on a limb to eradicate the scourge of corruption, realised this to his peril when Nitin Gadkari, a politician with a chequered, if not dubious record of integrity and probity, had him arrested for slander. Slander? No, Gadkari wasn’t invoking some law of the Middle Ages or the Victorian Era. He was merely invoking Sections 499 and 500 of the Indian Penal Code which criminalise defamation, both in writing as well as verbal statements. Kejriwal called Gadkari “corrupt” because not very long ago, the latter did come under the scanner for alleged massive illegalities in his business dealings, but managed to wriggle out since no legal investigation or prosecution were launched.

These two provisions are so broad in scope that every insinuation, unless proved to have been made in “good faith”, can land someone in prison. Someone like Kejriwal, who was incarcerated for six days until he was let out on bail yesterday. Now how does one prove “good faith”, that too, “beyond reasonable doubt”, since that remains the standard of proof in criminal law? Worse, a person can be taken into custody even while this seemingly Herculean task is getting done.

As if criminalisation of libel isn’t bad enough, punishing “slander” grants almost instant impunity if one is strategic enough. Take Kejriwal’s example, again. In October and November last year, he addressed a press conference and read out from a list of charges against business tycoon Mukesh Ambani. The businessman lost no time in slapping legal notices against every television channel which broadcast the conference. Libel chill, without a shred of doubt, for all the channels went silent. Whether Ambani’s fleece is as white as snow isn’t the question; his dark deeds of pulverising criticism are, and deserve the most trenchant critique.

It is encouraging to note that already demands are being made for decriminalising libel, but unless slander is banished from the statute books, dangers would continue to lurk. The Law Commission of India has taken a laudatory and timely step by releasing a consultation paper which seeks to unshackle the media from apprehensions of libel chill. But what happens to individuals — political activists, or whistleblowers? A possible solution lies in Gertz v. Robert Welch, Inc. wherein the Supreme Court of the United States extended the Sullivan privilege (named after the legendary NYT v. Sullivan case) — that only statements made with naked malice or reckless disregard for the truth shall be held as defamatory — available to media houses, to certain categories of individuals also. Those “seeking governmental office” and those who “occupy positions of such persuasive power and influence that they are deemed public figures for all purposes” were accorded protection. Recently, this has been adopted in international money laundering law of PEPs or Politically Exposed Persons. It includes, “individuals who are or have been entrusted domestically with prominent public functions, for example, heads of state or of government, senior politicians, senior government, judicial or military officials, senior executives of state-owned corporations, important political party officials”.

Back in 2011, the UNHRC (United Nations Human Rights Committee) issued a declaration condemning Philippines’ provisions of criminal libel as a violation of the ICCPR.  One hopes India wouldn’t require such a slap on the wrists to amend the repugnant law which rewards dishonest claims of calumny.

This article was published on May 29, 2014 at indexoncensorship.org

British news blind spots: Omission and obscurity

(Illustration: Shutterstock)

(Illustration: Shutterstock)

“The media tells you what to think!”

That’s a basic criticism of Western journalism, whether it’s of the “CNN controls your mind” or “Left Liberal Elites have monopolised the agenda” variety. Most people reject this, rightly, as a straw-man. We pride ourselves on our ability to sift information, reject weak arguments and come to our own points of view.

A more worrying criticism is that the news directs what you think about. Decisions to give Story X prominence and headlines, and to bury or spike Story Y, mean most of us can only encounter X.  Newsworthy stories become obscure if drowned out by others or omitted entirely. We’re denied investigation or campaigning on vital issues because nobody knows they exist.

In Britain this is not what we typically mean by ‘censorship’, not the recourse of despots or prudes. Nevertheless, self-censorship with market and readership in mind denies all but the most devout news-addict important stories. And without the news we can’t have comment pieces, columns, Twitter debates and opinion blogs.

Consider the EuroMaidan protests in Kiev through spring. Coverage gave the impression of a pro-EU crowd led by a heavyweight champion, with a worrying fringe of violent nationalists – Svoboda and Right Sector. This followed the ‘mainstream-extremist’ simplification presented in Egypt, Syria and Libya. Other crucial groups were ignored: LGBT activists set up the protest’s hotlines, feminists ran the makeshift hospitals, Afghan war veterans defended them.

The world’s focus on Kiev and Crimea drove other issues from the spotlight. The Syrian civil war has hardly featured recently, but that conflict has far more casualties, worse upheaval and more immediate consequences for Britain. Refugees are currently en route to claim asylum – this is the last we heard. Similarly, the Philippines dominated the winter’s news after Typhoon Haiyan. Now it’s forgotten in favour of flight MH370 despite the catastrophic ongoing humanitarian crisis, again with more lives at stake.

The Arab Spring is itself a good example of one narrative deafening public consciousness. How many of us knew that at the same time as protests ignited Yemen and Syria in July 2011, Malaysia’s government gassed peaceful crowds and arrested 1,400 protesters after tens of thousands marched for electoral reform? It’s tempting to wonder whether greater coverage, and greater international pressure, could have supported the democratic reforms demanded.

Closer to home, consider the brief uproar caused by the 2013 UK policing bill, drafted to outlaw ‘annoyance and nuisance’ and give police arbitrary powers to ban groups from protest areas. Although the drafts were publicly available, and campaign groups voiced outrage swiftly, left-wing papers took notice only after the bill had passed the Commons. The bill was softened, not by popular pressure or national debate, but by a few conscientious Lords.

Readers could forgive the media for prioritising other stories if they are more pressing. When headlines are crowded by non-events, however, this seems a poor excuse. The British news spectrum was recently obsessed with Labour politicians Harriet Harman and Patricia Hewitt, who worked for the National Council for Civil Liberties (now ‘Liberty’) in the 1970s. That council granted affiliate status to the now-banned Paedophile Information Exchange (PIE). The Daily Mail made a huge splash about its PIE investigation in February, despite uncovering no new information. That paper alone had reported the same story in 1983, 2009, 2012 and 2013. Eventually the BBC, online world and print media all covered the controversy, meaning more worthy issues lost precedence.

Madeleine McCann has dominated countless front pages, reporters chewing over the barest scraps of Portuguese police leaks. No real progress has been made for years. Pundits admit the story retains prominence largely because the McCanns are photogenic, and similar stories would have fallen off the agenda. There are hundreds of similar unsolved child disappearances, just from the UK. Drug scares, MMR vaccine hysteria, celeb gossip and royal gaffes (not to mention Diana conspiracies) complete the non-story roster.

If this seems regrettable but harmless, consider sexual violence. Teacher-child abuse, violent assaults and gang attacks deserve coverage, but their sheer news monopoly perpetuates the public’s false idea of ‘real rape’.  Most sexual abuse is between couples or acquaintances: campaigners have shown the myth that ‘real rape’ must involve a violent stranger impedes both prosecution and victim support.

There is no silver bullet, just as no one news organisation can really be blamed for censorship by omission.  Few people want or need constant updates on upheaval in South Sudan or Somalia – but we could be reminded they’re happening at all. Editors will always reflect on what is vogue, what will sell, and a diverse free press ensures a broad range of stories. Perhaps the rise of online citizen-reporting can bridge the gap. Nevertheless, the danger of noteworthy events falling into obscurity should niggle at the back of the mind – for those who know enough to think about it.

This article was posted on March 28, 2014 at indexoncensorship.org

Free expression in the news

#dontspyonme
Tell Europe’s leaders to stop mass surveillance #dontspyonme
Index on Censorship launches a petition calling on European Union Heads of Government to stop the US, UK and other governments from carrying out mass surveillance. We want to use public pressure to ensure Europe’s leaders put on the record their opposition to mass surveillance. They must place this issue firmly on the agenda for the next European Council Summit in October so action can be taken to stop this attack on the basic human right of free speech and privacy.
(Index on Censorship)

CHINA
Hollywood Skeptical as China Claims Relaxed Censorship Enforcement
To many in China and Hollywood, the message seemed too good to be true: In an announcement on its official online portal July 17, the Chinese government stated that its State General Administration of Press, Publication, Radio, Film and Television no longer will demand that filmmakers working on projects about “ordinary topics” secure full script approval before going into production.
(The Hollywood Reporter)

INDIA
The birth of India’s film industry: how the movies came to Mumbai
There is a fascinating but little-known prequel to Indian cinema that goes right back to silent films made in the 1890s
(The Guardian)

Tim Cook: iPhone sales in India grew 400 percent last quarter
Apple CEO, Tim Cook, today announced iPhone sales in India grew over 400 percent in the last quarter over the quarter preceding it. Apart from India, iPhone sales took off in the Philippines, Turkey and Poland in the prepaid market apart from developed countries. Apple attributes it to some moves it made in the iPhone 5 and iPhone 4 space, pointing out towards the aggressive buyback schemes it launched in India with the iPhone 4.
(The Tech Gadgets)

NEW ZEALAND
Maniac Faces More Censorship Overseas
now being banned in New Zealand. Of course, the mainstream press is latching onto the fact that this is significant considering Maniac star Elijah Wood starred as Frodo in The Lord of the Rings films…which were all shot in New Zealand.
(Shock Till You Drop)

RUSSIA
Navalny, Ward, Assange, Snowden and the Attack on Free Speech
Russia does not have a functioning criminal justice system at all, in the sense of a trial mechanism aimed at determining innocence or guilt. Exactly as in Uzbekistan, the conviction rate in criminal trials is over 99%. If the prosecutors, who are inextricably an arm of the executive government, want to send you to jail, there is absolutely no judicial system to protect you. The judges are purely there for show.
(Craig Murray)

Russia legal experts warn constitutional order under threat
Russia’s constitutional order is being threatened by the current government practices, according to an open letter [text, in Russian] signed by more than 50 of Russia’s leading legal experts on Tuesday. The letter accuses the government [CSM report] of systematic rights abuses and efforts to silence political opponents and eliminate forms of legal protest.
(Jurist)

Journalist Miriam Elder Reflects on her Past Seven Years in Russia
The Guardian’s former Russian Correspondent Miriam Elder has left Russia for a new job in the US as Foreign Editor at BuzzFeed. Anchor Carol Hills speaks with Elder about her experiences reporting in Russia.
(Public Radio International (US))

LGBT Organization Calls For Boycott of Russian Vodka
A gay rights organization based in the U.S. has called for a worldwide boycott on Russian vodka in response to the country’s new gay propaganda legislation.
(The Moscow Times)

Russian Church Leaders Say Gays And Same-Sex Marriage Will Cause The Apocalypse!
Everyone! Run for your lives! It’s the Apocalypse! And it’s all the gays’ fault! As CAH-RAZY as that might sound, Russian church leader Patriarch Kirill believes every word of it.
(Perez Hilton)

Russia for Beginners: A Literary Course for Edward Snowden
Edward J. Snowden has the time, and now he has the classics. Mr. Snowden, the former intelligence contractor facing legal repercussions for the release of classified information, has been ensconced in the transit zone of Moscow’s Sheremetyevo airport waiting to find out if he will be granted asylum.
(The New York Times)

TUNISIA
Tunisia In Chaos After Slaying Of Second Opposition Politician
Tunisia is heralded as the birthplace of the Arab Spring.
(Public Radio International (US))

TURKEY
Turkey’s media: A polluted landscape
As protests continue in Istanbul, journalist Yavuz Baydar calls for the media to resist government pressure to filter the news
(Index on Censorship)

Yavuz Baydar sacked after columns criticising government
Journalist Yavuz Baydar has been fired by Turkish daily newspaper Sabah, after articles he wrote criticising the government were censored
(Index on Censorship)

UNITED STATES
The Perceived Conflict Between Diversity and Free Speech
The Department of Education’s Office for Civil Rights (OCR) has made headlines after releasing a “blueprint” for campus sexual misconduct policies that broadly redefines sexual harassment, ostensibly under OCR’s authority to enforce Title IX.
(FIRE)

“Military Web Restrictions to Continue as Republican Led House Panel Passes on Amendment”
The House Rules Committee passed on an amendment that would have stopped the military from filtering news websites on its bases.
(Always Question Authority)


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