Social media bans don’t just hurt those you disagree with – free speech is damaged when the axe falls too freely (Independent, 17 May 2019)

The White House announced this week it was launching a sort of hotline for people to report their experiences of censorship on social media. Americans are invited to share their stories through an online questionnaire if they “suspect political bias” in enforcement actions taken against them by companies like Facebook, Google and Twitter.

Setting aside the enormous implications this has for the privacy of individual users (what better way for a government to identify all the people plotting its downfall than to get them to fill in a form revealing political leanings?), this intervention by Donald Trump demonstrates just how significant the actions of social media platforms are now considered in controlling the speech of users.

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Is the end of free speech a natural solution to the hatred shared online? (Metro, 8 May 2019)

The internet has a problem with hate speech. So wouldn’t it be easier to just turn it all off? Would limiting what people can say really stop the hate?

‘You don’t just end up scooping up the violent communications, but also essential public interest information that individuals might need to know,’ says Jodie Ginsberg, CEO of Index On Censorship. ‘It’s a very blunt tool response that often ends up potentially causing more harm than it does good.’

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Move to protect free speech on US campuses raises concerns

[vc_row][vc_column][vc_single_image image=”106402″ img_size=”full” add_caption=”yes”][vc_column_text]When conservative Fox News commentator Tucker Carlson was invited to deliver the distinguished Roy H Park Lecture at the University of North Carolina at Chapel Hill’s journalism school, outrage exploded online.

Current and former students offered fierce criticism of the choice, especially on Twitter where some called Carlson racist and a propagandist. Many said they were disappointed and ashamed. Carlson, people criticised, was not a journalist, but an entertainer. What business did he have speaking to budding journalists? Others pointed to Carlson’s comments about immigrants — they make the US “poorer and dirtier” — and his critiques of diversity, as well as his use of language, critics say, upholds white supremacy.

Despite the backlash, the school moved forward with the lecture, which was largely uneventful. Students and faculty listened. Some audience members asked pointed questions. And then it was over.

That’s how John Robinson, a professor at UNC-Chapel Hill’s journalism school, remembers it. He understood the outrage but said it was a teachable moment.

“Students aren’t snowflakes. They understand BS when they hear it,” he said. “I just don’t see any evidence that students are intolerant of others’ views when it comes to speakers.”

Yet last month US President Donald Trump signed an executive order to uphold freedom of speech on college campuses in response to a supposed “crisis”.

“Under the guise of speech codes, safe spaces and trigger warnings, these universities have tried to restrict free thought, impose total conformity, and shut down the voices of great young Americans like those here today,” Trump said during the signing ceremony, surrounded by predominantly white students in conservative organisations.

Not much is changing. The order encourages universities to “foster environments that promote open, intellectually engaging, and diverse debate” through the First Amendment — freedom of speech. It requires that universities receiving federal research or education grant money must “promote free inquiry”.

But public universities in the US already have to uphold the First Amendment if they receive funding from the federal government. Further, some academics are arguing that the order could actually hurt freedom of speech by causing universities to self-censor who they invite to campus.

In a survey conducted by professor Tori Ekstrand of UNC-Chapel Hill students, 86 per cent said the university should invite speakers with a variety of viewpoints to campus, including those whose perspectives vary from their own. On the national level, the Knight Foundation found that extreme actions, including violence and shouting down speakers, are largely condemned.

So, who is Trump protecting?

In early April, three students from the University of Arizona protested an on-campus presentation by U.S. Customs and Border Protection agents, calling them a “murder patrol” and “an extension of the KKK”. All three students were charged with misdemeanours by police: “interference with the peaceful conduct of an educational institution”; one of the students was also charged with “threats and intimidation”. A county prosecutor has yet to decide if a prosecution will go forward.

Trump has not commented on the incident, but many are following the case because it is unusual for arrests to follow a nonviolent protest, especially one on campus. Commentators have said the strong reprimand was a result of the recent order.

The case in Arizona relates to a larger issue on campuses: punishing students who protest. In 2017 the Goldwater Institute, a conservative think tank, published a report arguing that freedom of speech is under attack on American college campuses — citing “shout downs” that interrupt speakers, safe spaces and restrictive policies. The group created a model bill, establishing punitive measures for students and others who interfere with free-speech — essentially punishing protesters on campus. It also prevents administrators from disinviting speakers, no matter how controversial. Many states, including Arizona and North Carolina, have adopted versions of the Goldwater bill.

In a report on the bill, the American Association of University Professors put it bluntly: the legislation “seeks to support what it sees as the embattled minority of conservatives on campus against the ‘politically correct’ majority”.

And for those who find themselves outside the conservative viewpoint?

“It’s an attempt at intimidation,” said Michael Behrent, vice-president of the AAUP’s North Carolina conference. “The argument is to try and force members of the progressive left … to make them feel threatened and endangered, rather than an attempt to outright block their free speech.”

A chilling effect. And this isn’t the first time Trump has attempted this. In 2016, Trump said he planned to change libel laws to make it easier to sue news organisations. The same year, he threatened to imprison or revoke the citizenship of those who burned the flag.

“What we see coming out of his legacy is this notion of protecting conservative speech,” said Kendric Coleman, a professor at Valdosta University who studied the role of safe spaces in the LGBTQ+ community. Trump “is trying to redefine harassment speech into free speech”.

Technically, hate speech is protected by the US constitution, as long as it doesn’t incite violence. But detractors say some speakers — like white nationalist Richard Spencer, who has been disinvited from a number of events and universities — may actually cross the line into incitement of violence.

But some university administrations are hesitant to actually define the line between protected free-speech and incitement to violence. And with new policies coming from the state and federal level, with the intention of protecting free-speech, that line may only become more blurry.

At the heart of the debate lies this question: Should speech that is harmful to certain groups be protected? In the survey conducted by Ekstrand, 93 per cent said others should be allowed to express unpopular opinions on campus. But that number drops to 61 per cent when that speech is offensive to others.

The Knight Foundation also found that American students consider both protecting free-speech and promoting inclusivity as important to democracy. But only 37 per cent of students identifying as Republican said that it is “extremely important” to promote inclusivity — compared to 63 per cent of Democrats.

This is where policies like Trump’s executive order and the Goldwater bill lie. While the left prioritises inclusivity at the expense of free speech, the right resists in opposition.

At stake remains whose voices receive protection, and whose get censored. [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1556180903639-20dca59b-8321-10″ taxonomies=”8843″][/vc_column][/vc_row]

Stifling free speech online in the war on fake news

[vc_row][vc_column][vc_single_image image=”97329″ img_size=”full” add_caption=”yes” alignment=”right”][vc_column_text]“Fake news”. The phrase emerged only a matter of years ago to become familiar to everybody. The moral panic around fake news has grown so rapidly that it became a common talking point. In its short life it has been dubbed the Collins Dictionary’s word of 2017 and the Bulletin of Atomic Scientists say it was one of the driving factors that made them set their symbolic Doomsday Clock to two minutes from midnight in 2019. It is a talking point on the lips of academics, media pundits and politicians.

For many, it is feared that “fake news” could lead to the end of democratic society, clouding our ability to think critically about important issues. Yet the febrile atmosphere surrounding it has led to legislation around the world which could potentially harm free expression far more than the conspiracy theories being peddled.

In Russia and Singapore politicians have taken steps to legislate against the risk of “fake news” online. A report published in April 2019 by the Department of Digital, Culture, Media and Sport could lead to stronger restrictions on free expression on the internet in the UK.

The Online Harms White Paper proposes ways in which the government can combat what are deemed to be harmful online activities. However, while some the harmful activities specified — such as terrorism and child abuse — fall within the government’s scope, the paper also declares various unclearly defined practices such as “disinformation” as under scrutiny.

Internet regulation would be enforced by a new independent regulatory body, similar to Ofcom, which currently regulates broadcasts on UK television and radio. Websites would be expected to conform to the regulations set by the body.

According to Jeremy Wright, the UK’s Secretary of State for Digital, Culture, Media and Sport, the intention is that this body will have “sufficient teeth to hold companies to account when they are judged to have breached their statutory duty of care”.

“This will include the power to issue remedial notices and substantial fines,” he says, “and we will consult on even more stringent sanctions, including senior management liability and the blocking of websites.​”

According to Sharon White, the chief executive of the UK’s media regulatory body Ofcom, the term “fake news” is problematic because it “is bandied around with no clear idea of what it means, or agreed definition. The term has taken on a variety of meanings, including a description of any statement that is not liked or agreed with by the reader.”  The UK government prefers to use the term “disinformation”, which it defines as “information which is created or disseminated with the deliberate intent to mislead; this could be to cause harm, or for personal, political or financial gain”.

However, the difficulty of proving that false information was published with an intention to cause harm could potentially affect websites which publish honestly held opinions or satirical content.

As a concept, “fake news” is frequently prone to bleeding beyond the boundaries of any attempt to define it. Indeed, for many politicians, that is not only the nature of the phrase but the entire point of it.

“Fake news” has become a tool for politicians to discredit voices which oppose them. Although the phrase may have been popularised by US President Donald Trump to attack his critics, the idea of “fake news” has since become adopted by authoritarian regimes worldwide as a justification to deliberately silence opposition.

As late US Senator John McCain wrote in a piece for The Washington Post: “the phrase ‘fake news’ — granted legitimacy by an American president — is being used by autocrats to silence reporters, undermine political opponents, stave off media scrutiny and mislead citizens.

“This assault on journalism and free speech proceeds apace in places such as Russia, Turkey, China, Egypt, Venezuela and many others. Yet even more troubling is the growing number of attacks on press freedom in traditionally free and open societies, where censorship in the name of national security is becoming more common.”

In Singapore — a country ranked by Reporters Without Borders as 151 out of 180 nations for press freedom in 2019 — a bill was introduced to parliament ostensibly intended to combat fake news.

Singapore’s Protection from Online Falsehoods and Manipulation Bill would permit government ministers to order the correction or removal of online content which is deemed to be false. It is justified under very broad, tautological definitions which state amongst other things that “a falsehood is a statement of fact that is false or misleading”. On this basis, members of the Singaporean government could easily use this law to censor any articles, memes, videos, photographs or advertising that offends them personally, or is seen to impair the government’s authority.

In addition to more conventional definitions of public interest, the term is defined in the bill as including anything which “could be prejudicial to the friendly relations of Singapore with other countries.” The end result is that Singaporeans could potentially be charged not only for criticising their own government, but Singapore’s allies as well.

Marte Hellema, communications and media programme manager for the human rights organisation FORUM-ASIA explains her organisation’s concerns: “We are seriously concerned that the bill is primarily intended to repress freedom of expression and silence dissent in Singapore.”

Hellema pointed out that the law would be in clear violation of international human rights standards and criticised its use of vague terms and lack of definitions.

“Combined with intrusive measures such as the power to impose heavy penalties for violations and order internet services to disable content, authorities will have the ability to curtail the human rights and fundamental freedoms of anyone who criticises the government, particularly human rights defenders and media,” Hellema says.

In Russia, some of the most repressive legislation to come out of the wave of talk about “fake news” was signed into law earlier this year.

In March 2019, the Russian parliament passed two amendments to existing data legislation to combat fake news on the internet.

The laws censor online content which is deemed to be “fake news” according to the government, or which “exhibits blatant disrespect for the society, government, official government symbols, constitution or governmental bodies of the Russian Federation”.

Online news outlets and users which repeatedly run afoul of the laws will face fines of up to 1.5 million roubles (£17,803) for being seen to have published “unreliable” information.

Additionally, individuals who have been accused of specifically criticising the state, the law or the symbols which represent them risk further fines of 300,000 roubles (£3,560) or even prison sentences.

The move has been criticised by public figures and activists, who see the new laws as an attempt to stifle public criticism of the government and increase control over the internet. The policy is regarded as a continuation of previous legislation in Russia designed to suppress online anonymity and blacklist undesirable websites.[/vc_column_text][/vc_column][/vc_row]