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A new row between the Center for Countering Digital Hate (CCDH) and X, the platform formerly known as Twitter, sees both sides claiming to be working in the interest of freedom of speech and freedom of expression.
In one corner, the CCDH claims that X is not moving quickly enough to tackle online hatred that finds a home on the social media platform. They claim to highlight examples where hatred goes unchallenged and then in turn encourage X’s advertisers to use their commercial clout to bring about change on the platform, including through the use of boycotts and removing their accounts.
In the other corner is X who refute all the claims made by CCDH but rather than engage with CCDH to disprove their claims are now suing CCDH, asserting they have violated X’s terms and conditions.
X has accused CCDH of trying to silence those they disagree with, CCDH claims X is trying to silence them through legal action because they are exposing X’s failures and X claims to be standing up for freedom of speech and freedom of expression.
But while this argument between CCDH and X is being dressed up as a battle for the principle of freedom of speech, I’m not completely convinced that this really is X’s position – rather it looks to me as if they are seeking to protect their own commercial position. However what is clear is that these two organisations have a very different view of what the digital universe should look like.
CCDH is not immune from having their own research criticised and robustly reviewed. This is the same threshold applied to any academic work that presents its findings as fact. And debate of research is a key element of freedom of expression.
Likewise, it would be churlish not to acknowledge that hate speech exists on X. Those who have followed my own experiences with social media will know I am no stranger to online hate and have often made clear that free speech does not excuse hate speech.
And while CCDH are now subject to a lawsuit, they retain their ability to speak about the failings of X and do so on X. However, the legal action could encourage them to step away, deterring them from making further criticism of X.
Using the law to scare into silence those who you disagree with is a clear affront to freedom of speech and is something Index has campaigned against for decades.
If X wanted to be the bastion of freedom of expression they claim to aspire to be, then they should welcome their site being home to those who are critical of them.
The question is now for X and their leadership and it is simple. Can you really claim to be standing up for freedom of speech while taking action to silence dissent? Do you want to champion freedom of speech or do you simply want to wield it as a tool to silence those you disagree with? You can’t do both.
“In the past couple years, I’ve gotten kicked off of PayPal and Venmo,” sex worker Maya Morena told me. “I’ve gotten kicked off Twitter. I had 80,000 followers on Twitter; I had 30,000 followers on Instagram, I had 30,000 on Tumblr. I lost all those platforms.”
Morena’s experience isn’t unusual, though it also isn’t well known. When the right talks about censorship, it focuses obsessively on liberals protesting conservative speakers. When the left focuses on censorship, it points to the efforts by red states to criminalise the teaching of LGBT and Black studies. The longstanding, and worsening, policing and censorship of sex workers online is seen by all as either justifiable or unimportant. It is neither though; the censorship of sex workers affects their livelihood, their ability to advocate for themselves, and puts their safety and their very lives at risk.
That’s why when Twitter started promising that Twitter Blue would boost visibility and engagement on the platform, many sex workers signed up. The service hasn’t really solved sex worker’s problems. But the hopes around it, and the backlash to it, demonstrate just how isolated sex workers are, and how much they need solidarity from those who care about free speech.
A Sustained Assault on Sex Worker Speech
Government, gatekeepers and the public have long been very uncomfortable with sexual speech, going all the way back to laws that criminalised the shipping of sexual material through the mail in the late 1800s.
The early internet gave sex workers the ability to advertise directly to clients and to be visible online in ways that had been previously unimaginable. Sites like Backpage and Craigslist allowed people to promote erotic services and, importantly, allowed them to vet clients. Homicides of sex workers cratered in cities where Craigslist opened erotic services websites as sex workers were able to get off the streets and out of danger.
Despite clear evidence that free speech made sex workers safer, policy makers and anti-sex advocates insisted, with little to back them up, that adult services on the internet contributed to trafficking.
The “watershed moment” for sexual censorship, according to Olivia Snow, a dominatrix and a research fellow at the UCLA Center for Critical Internet Inquiry, came in 2018, with the bipartisan passage of FOSTA/SESTA. These laws made platforms legally responsible for user-generated sexual content. That gave many platforms an incentive, or an excuse, to purge sex workers.
Backpage was shut down by the government in 2018; Tumblr purged most NSFW content the same year. So did Patreon. Payment processors and banks have been escalating a longstanding war on sex workers, preventing them from accessing funds or doing business. Even OnlyFans, which has built its business almost entirely on sex workers, decided to get rid of sexual content, though it reversed its decision after a backlash from creators.
As sex workers have been shut out of most sites, Twitter has become more and more important to the community. “Twitter is the only major social media platform that tolerates us,” Snow said. “It is by default the least shitty of the platforms.”
Twitter Is Welcoming—But Not That Welcoming
A recent study found that 97% of sex workers rely on Twitter as their top site for finding followers. Writer and sex worker Jessie Sage explained that while she has accounts on sex worker sites like Eros and Tryst, “the people who book me tend to do so because they find me and then they go look at my socials.” Clients use Twitter to verify that sex workers are who they say they are, and to see if they have shared interests. And, Sage says, Twitter allows sex workers to share information. “Being able to connect with other sex workers allows us to create pathways and resources and screening resources for each other that keep us safe.”
Sage also says Twitter is vital because it lets sex workers show that they’re not just sex workers. “Most of my Twitter’s just talking about books I like to read and things that I’m thinking about,” she told me. “But there’s something very political about that, because I’m saying that I am a sex worker, and I’m also all of these other things. And when we get shoved off of social media, we lose that and we become dehumanised. And when we become dehumanised, our existence becomes much more ripe for abuse.”
While Twitter is somewhat welcoming to sex workers though, it’s not that welcoming. Sex worker accounts are often deprioritized by the algorithm (a process sometimes referred to as shadowbanning). Deprioritisation can mean that accounts don’t show up in search results or that they don’t show up in follower’s feeds. That makes it hard to build an audience. It can also make it easy for bad actors to impersonate sex workers and catfish clients. “Fake accounts on Twitter are able to get more followers than me, because I’m already censored,” Morena told me. “It’s a big problem for all sex workers.”
Twitter Blue to the Rescue, Sort Of
In December, new Twitter owner Elon Musk claimed that for $8/month, Twitter Blue users would begin to be prioritised in search and in conversations on Twitter. Many sex workers hoped Twitter Blue would give them more visibility.
Sex worker Andres Stones says that in his experience post-Musk Twitter has strangled his engagement and has “had a very large and negative impact” on his business.” It’s not clear whether this is because Musk is more aggressive in restricting adult content, or whether the new Twitter simply throttles engagement for everyone who isn’t on Twitter Blue. Either way, Stones says, “I started subscribing [to Twitter Blue] out of necessity.” It hasn’t gotten him back to where he was before, but it’s at least slowed the slide. “It’s been helpful only insofar as not having it was a death knell for engagement.”
Other sex workers report similar experiences. Morena says it hasn’t been that helpful, though it’s given her content an “extra push.” Sage struggled because Twitter Blue didn’t allow her to change her screen name easily, which made it difficult for her to advertise her travel dates.
Block the Blue
Sex workers saw Twitter Blue as a possible way to navigate censorship and deprioritisation on the one important social media platform that warily tolerates their existence. But in the broader cultural conversation, Twitter Blue was portrayed as a service solely for Elon Musk superfans and fascist trolls.
Mashable reported on a Block the Blue campaign, which encouraged Twitter users to adopt a Blocklist targeting all Twitter Blue accounts. It was embraced by NBC News reporter Ben Collins, Alejandra Caballo of the Harvard Law Cyberlaw Clinic and other large progressive accounts. Twitter comedian and celebrity @dril told Binder, “99% of twitter blue guys are dead-eyed cretins who are usually trying to sell you something stupid and expensive.” Blocking them, @dril suggested, was funny and a way to undermine Musk’s right wing political agenda.
But a small study by TechCrunch found that the vast majority of Twitter Blue accounts were not right wing harassment accounts. Instead, people used the service because they wanted features like the ability to post longer videos, or two-factor authentication—or because they were, like sex workers, businesspeople trying to boost engagement.
Ashley, a sex worker and researcher of online platform behavior who did her own study of Twitter Blue users, told me that the Block the Blue list is frustratingly counterproductive. The best way to block hateful trolls, she argued, is to block the followers of large right-wing troll accounts.
“I’m all in favour of users being empowered to block people,” she says, “but combined with the fact that so many sex workers are using this, [Block the Blue] is really just sharing a sex worker block list. Because there’s way more sex workers than hateful people on there.”
No Voice
Ashley adds that the majority of Twitter Blue users are probably just random people experimenting with the service. The point though is that sex workers are using the service at high rates, but have had little success in getting their interests, or existence, recognised by progressives who are supposedly fighting for marginalised people. Matt Binder, who wrote the Mashable article about Block the Blue, told me he doesn’t believe that sex worker concerns did much to interrupt or slow the Block the Blue campaign which has “become somewhat of a meme on the platform,” he said. (He added that he thinks more people block individual users than use the block list, and doesn’t think there’s been much “friendly fire.”)
Musk and the right are no friends to sex workers; as Snow told me, the right-wing “neo-fash, neo-Satanic Panic” targeting LGBT people is built on terror and hatred of anything associated with sexuality, which includes sex workers (many of whom are LGBT themselves.) But progressive leaders often don’t feel accountable to sex workers either, and mostly ignore sex workers when they say (for example) that blocking everyone using Twitter Blue will further isolate them.
Twitter Blue isn’t a solution. But it’s a reminder that sex workers face extreme and debilitating censorship. More people need to listen to them.
India is a globally important market for the social media platform Twitter. Even though in absolute numbers its 23 to 24 million users is small compared to the size of the population of what is now thought to be the world’s most populous country, it is believed to be the platform’s third biggest market after the US and Japan.
Recent events relating to India and Twitter should therefore be taken in context of the country’s importance for Twitter’s owner, Elon Musk.
Even before Musk’s takeover of Twitter in October 2022, Narendra Modi’s government has not been slow to ask the platform to remove content which it disagrees with.
India has been in the top five nations that have asked Twitter to remove content or block accounts for the past three years. In its July 2022 transparency report, Twitter said that 97% of the total global volume of legal demands for such removals in the last half of 2021 originated from five countries: Japan, Russia, South Korea, Turkey, and India.
You could argue that because Twitter has so many users in the country, this is inevitable. However, the US does not feature in this list despite being the biggest market.
The Indian government clearly has a problem with what its critics are saying on Twitter.
In line with the worsening situation for media freedom in the country, India frequently clamps down on what the media is able to say on Twitter. In the last half of 2021, India was the country making the highest number of legal demands relating to the accounts of verified journalists and news outlets, some 114 out of a total of 326 for the period, comfortably ahead of Turkey and Russia.
A new onslaught on what Indians are saying on Twitter may have opened up last week. On 6 April, an amendment to India’s Information Technology Act came into force which now requires social media platforms to fact-check any post relating to the Indian government’s business with the Press Information Bureau, a “fact-checking” unit that is part of the country’s Ministry of Information and Broadcasting.
The threat to social media platforms who do not comply with this is that they would then no longer be protected by the country’s safe harbour regulations under which they are currently not liable for what their users post.
The Indian digital liberties organisation Internet Freedom Foundation says it is “deeply concerned” by the amendments.
It said in a statement: “Assigning any unit of the government such arbitrary, overbroad powers to determine the authenticity of online content bypasses the principles of natural justice, thus making it an unconstitutional exercise. The notification of these amended rules cement the chilling effect on the fundamental right to speech and expression, particularly on news publishers, journalists, activists, etc.”
Twitter has long published details of how it handles requests from governments. In the event of a successful legal demand, such as a court order, Twitter follows these rules if it is required to delete individual tweets or an entire account. Typically these rules relate to a single country.
Under Musk’s ownership, these rules look as though they are changing.
Indian investigative journalist Saurav Das wrote recently about discovering that a number of his tweets had been removed and that they were not available worldwide. He told Scroll.In that tweets relating to Union Home Minister Amit Shah had been removed worldwide, not just in India.
The tweets seem relatively benign, although Das says he cannot remember exactly the context around posting them.
Can Twitter allow the Indian government to sit in judgement over content that it may deem fit for blocking in America, or any other country apart from India? Because Twitter has clearly blocked access to the tweets on “legal demand” from India, as can be seen from this ss. pic.twitter.com/F7YhgWCWs8
— Saurav Das (@OfficialSauravD) April 8, 2023
Tweeting on 9 April in response Das said, “Can Twitter allow the Indian government to sit in judgement over content that it may deem fit for blocking in America, or any other country apart from India?”.
He added, “If this global restriction of content on behest of a country’s govt is ignored, this will open a whole new chapter of censorship and prove disastrous for free speech and expression.”
Twitter’s actions seem to fly in the face of its stated policy – pre-Musk ownership – towards India. In 2021, Twitter said that it would only block content and accounts within India and said it would not do so for “news media entities, journalists, activists, and politicians”. That scope now appears to have changed.
I asked Twitter’s press team for a statement on the case and received an automated email containing just a poop emoji. This has been a common response from Twitter’s press email since Elon Musk’s takeover, when the press team was significantly reduced.
During Elon Musk’s surprise interview with the BBC this week, Musk was asked about the issue of censorship of social media in India in the wake of the country banning the BBC’s documentary on Narendra Modi. Musk said: “The rules in India for what can appear on social media are quite strict, and we can’t go beyond the laws of a country…if we have a choice of either our people go to prison or we comply with the laws, we’ll comply with the laws.”
Salma al-Shehab, a 34-year-old mother of two and former PhD student at the University of Leeds, who in 2021 was handed a 34-year-long jail sentence for tweeting her support for women’s human rights defenders in her native Saudi Arabia, has gone on hunger strike.
Salma was arrested in January 2021 while on a visit home from the UK to see her family. She then faced months of interrogation over her activity on Twitter.
In March 2022 she was sentenced to six years in prison by the country’s Specialized Criminal Court (SCC) under the vague wording of the country’s Counter-Terrorism Law, but this was increased on appeal to an unprecedented 34-year term followed by a 34-year travel ban.
The SCC was originally established to try terrorism cases but its remit has widened to cover people who speak out against human rights violations in the country. Salma is one of a number of people tried by the SCC who have been handed farcically long sentences for simply expressing their human rights. The SCC is the main tool with which Saudi Arabia has effectively criminalised freedom of expression.
In January this year, Salma’s sentence was reduced to 27 years after a retrial was ordered. During the retrial, the presiding judge denied Salma the right to speak in her defence.
Salma has been joined on hunger strike by seven other prisoners of conscience, who have been handed jail terms longer than those which would be handed out to hijackers threatening to bomb a plane.
In Saudi Arabia, prisoners of conscience often go on hunger strike to protest their treatment. Those resorting to this include women’s rights activist Loujain Al-Hathloul, the blogger Raif Badawi, the academic and human rights defender Mohammad al-Qahtani, the writer Muhammad al-Hudayf and the lawyer Walid Abu al-Khair.
ALQST’s head of monitoring and advocacy, Lina Alhathloul, the sister of Loujain, said: “Knowing how harshly the Saudi authorities respond to hunger strikes, these women are taking an incredibly brave stand against the multiple injustices they have faced. When your only way of protesting is to risk your life by refusing to eat, one can only imagine the inhumane conditions al-Shehab and the others are having to endure in their cells.”
ALQST says that in previous hunger strikes, prison officials often wait several days before taking any action. “When they have eventually acted, it has been to threaten the prisoners with punishment if they continue their strike, and then place them in solitary confinement in dire conditions, subjecting them to invasive medical examinations and threatening to force-feed them. Phone calls, visitors and activities are also denied, in an attempt to coerce prisoners to end their hunger strikes,” the organisation said.
Salma and her fellow hunger strikers should never have been arrested and jailed in the first place for simply exercising freedom of expression that people take for granted in countries other than Saudi Arabia. They should have their sentences quashed and released from prison immediately.