EU agreement with tech firms on hate speech guaranteed to stifle free expression

Index on Censorship condemned the agreement between the European Commission and tech firms Facebook, YouTube, Twitter and Microsoft to tackle hate speech online.

“Hate speech laws are already too broad and ambiguous in much of Europe,” said Index on Censorship chief executive Jodie Ginsberg. “This agreement fails to properly define what ‘illegal hate speech’ is and does not provide sufficient safeguards for freedom of expression.

“The agreement once again devolves power to unelected corporations to determine what amounts to hate speech and police it – a move that is guaranteed to stifle free speech in the mistaken belief this will make us all safer. It won’t. It will simply drive unpalatable ideas and opinions underground where they are harder to police – or to challenge.

“There have been precedents of content removal for unpopular or offensive viewpoints and this agreement risks amplifying the phenomenon of deleting controversial – yet legal – content via misuse or abuse of the notification processes.”

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.”

Turkey: Presidential election shines spotlight on free speech challenges

Turkish Prime Minister Recep Tayyip Erdogan (Photo: Philip Janek / Demotix)

Turkish Prime Minister Recep Tayyip Erdogan (Photo: Philip Janek / Demotix)

Shortly before campaigning for Turkey’s upcoming presidential election was officially set to begin, the director of public broadcaster TRT threatened to cut coverage of candidate Selahattin Demirtas. The reason? Demirtas had publicly criticised TRT for bias towards one of the three men in the running — outgoing Prime Minister Recep Tayyip Erdogan.

The case, reported by Index on Censorship’s media freedom mapping tool, is just one example of the challenges facing free expression in Turkey on eve of a vote that could alter its political system. When Turks go to the polls on Sunday, it will be in the country’s first direct presidential election. The consensus is that Erdogan will beat his opponents — Dermitas from the left wing People’s Democratic Party and Ekmeleddin Ihsanoglu, representing the centre-left Republican People’s Party and the far-right Nationalist Movement Party — comfortably; some predict after just one round. But what makes this election even more significant, is Erdogan’s declared intention to transform the presidency from a largely ceremonial role to a powerful office based on the US model. This would effectively allow him to remain in power despite being barred from re-election as prime minister by term limits.

Concerns have been raised about the impact of the state of free expression in Turkey on the election. The Organisation for Security and Cooperation in Europe (OSCE), in its capacity as an election observer, recently stated that “direct interference of media owners and political actors into editorial freedom results in a lack of independent and investigative journalism and leads to limited criticism towards the ruling party and the prime minister”. The interim report from its election observation mission published on 31 July, also highlighted shortcomings in the legal framework around impartiality of media coverage and the the country’s restrictive internet legislation.

This is at least in part backed up by Demirtas’ claims. According to research from Turkey’s broadcasting regulator, between 4 and 6 July, TRT gave 533 minutes worth of coverage to Erdogan, compared to 3.24 seconds for Ihsanoglu and 45 seconds to Demirtas. Erdogan has also been accused of blurring the lines between his role as prime minister and presidential candidate, and using resources and platforms exclusively available to him to rally support. The campaigns of Erdogan’s opponents “have been active, but with limited visibility”, as the OSCE put it.

Other recent media freedom cases go beyond questions of impartiality. Released just days before the election, a report by Bianet, a Turkish news site that monitors attacks on press freedom, showed that assaults on journalists is on the rise. As covered by Index, the research found that between April and June, there had been 54 attacks on journalists — between January and March, the figure was “at least” 40. The report also noted that 133 fines were handed out to various TV and radio institutions and continued impunity around attacks on the media. This follows the pattern of Turkey’s global press freedom ranking, which has deteriorated over the past years.

Internet freedom has also been dealt some blows in the lead-up to the election. The latest Twitter transparency report, published last week, showed that Turkey has submitted the highest number of content removal requests in the past six months — despite the fact that Twitter was banned in Turkey for two weeks in March and April. The social media platform has been used by many of the country’s 36 million internet users to have their say on political matters, most notably during last summer’s Gezi park protests — a topic Turkish playwright Meltem Arikan has written about extensively for Index.

More recently, Turkish social media was flooded with photos of grinning women, in protest at Deputy Prime Minister Bulent Arinc declaring that women shouldn’t laugh out loud in public. While the bans on Twitter and later also YouTube were short-lived, authorities continue to keep close tabs on the internet. Twitter user @fuatavni, who has almost one million followers, was blocked in Turkey after criticising the government. Earlier in July, Erdogan filed a legal complaint against the editor of Today’s Zaman, Bulent Kenes, over what he claimed were insulting tweets. This comes in the wake of controversial legislation passed in February, which gives the government wide-reaching powers in regulating the internet.

More about Turkey from mediafreedom.ushahidi.com:

Newspaper Agos, film director threatened on Twitter

News crew told to leave public event attended by minister

Greek daily newspaper in Istanbul closes

Broadcaster threatens to stop covering presidential candidate

Prime Minister files legal complainst against newspaper editor


This article was published on August 7, 2014 at indexoncensorship.org

Four things you might not have known about the internet

internet-matrix02

Chinese websites

In 2010 China shut down 1.3 million web sites with popular pages, such as Facebook, YouTube and Twitter, blocked. Three years later and China has employed over 2,000,000 people to monitor microblogging sites, a further clampdown on free speech in the country.

Having blocked major social media sites it’s not surprising that a large percentage of China’s hundreds of millions web users have turned to microblogging sites to offer up their opinions on society.  Although the Beijing News stated that the monitors are not required to delete posts they view online they do gather data by searching for negative terms relating to their clients and compiling the information gathered into reports.

Weibo, China’s largest microblogging platform, has more than 500 million registered users who post 100 million messages daily. Postings on the website that criticise the Chinese government are often removed.

Global internet access

The internet is often taken for granted by those with regular and easy access to the online world. However, a staggering 4.6 billion people live without access to it; that’s around 68% of the global population. The number of internet users has grown by 566% since 2000 but considering the positive effects the internet can have on employment, communications and finances more of the world should have access to this valuable resource.

Africa has the poorest access to the internet; only 7% of total global internet usage comes out of the continent with, on average, 15.6% of the population using the internet.

YouTube

YouTube was bought by Google in 2006. Seven years later and localised versions of the video sharing site have been implemented in 56 countries, allowing for the content posted on to YouTube to be tailored specifically to the country it is serving. Although localising YouTube for specific countries can help with issues surrounding copyright, it also means that governments can block specific content from being uploaded and viewed on the website.

In Pakistan the online video sharing site has been banned since 2012. Google is looking to localise YouTube in the country, allowing the population access to the site, but only if the search engine makes it easier to block any blasphemous or objectionable content. Iran, Tajikistan and China are the only other countries with a block on YouTube.

India and the internet

India may be able to claim to be the world’s third largest internet user (behind the U.S and China) but that does not mean the country’s 74 million internet users have free access to the web. According to the Google Transparency Report, India leads the way in the number of take-down requests issued. Between July and December 2012 Indian authorities requested, without court orders, that 2,529 items be removed from the internet- a 90 percent increase from the first half of 2012.

In 2013 amendments were made to the Information Technology (Intermediaries Guidelines) Rules which stated, under Section 79 of the IT Act, that intermediaries had only 36 hours to respond to complaints or content deemed by regulators to be “grossly harmful” or “ethnically objectionable”.  The clarification meant that this content does not have to be removed from the web, but failure to respond or acknowledge to the request within the short time frame, which does not take into account weekends or holidays, can result in a criminal procedure.

This article was posted on Jan 3 2013 at indexoncensorship.org