Online Harms: A Few Times When The Algorithms Chilled Freedom of Expression

The consultation to the British government’s Online Harms White Paper closed this week. English PEN and Scottish PEN made a submission, arguing that the government rethink its approach.
The government proposal is that a new ‘duty of care’ is placed upon online platforms like Facebook, Twitter and YouTube to protect their users. If they expose users to harmful content—ranging from terrorist propaganda and child porn, to hazily defined problems like ‘trolling’ — then a new regulator could sanction them.
This sounds sensible, but it presents a problem for freedom of expression. If the online platforms are threatened with large fines, and their senior management are held personally responsible for the ‘duty of care’ then it’s likely that the online platforms will take a precautionary approach to content moderation. Whenever in doubt, whenever it’s borderline, whenever there is a grey area… the platforms will find it expeditious to remove whatever has been posted. When that happens, it is unlikely that the platforms will offer much of an appeals process, and certainly not one that abides by international free speech standards. A situation will arise where perfectly legal content cannot be posted online. A two tier system for speech. Continue reading “Online Harms: A Few Times When The Algorithms Chilled Freedom of Expression”

Discussing the Online Forums Bill on Sky News

On Tuesday 11th September, Lucy Powell MP introduced the Online Forums Bill to Parliament. It was a ‘Ten Minute Rule Bill’, a mechanism by which opposition and backbench members of parliament can introduce legislation.  The text of Ms Powell’s speech may be found in Hansard and there is a video on Parliament.tv.
The speech makes some challenging points. How is it that Facebook groups can grow to tens of thousands of people in secret, with no oversight or scrutiny? One such group, which discussed autism, recommended that parents give their kids ‘bleach enemas’ to cure the condition.
Powell also points out that members of these groups often feel too intimidated to speak out against the most vocal and radical members of the group. This shifts the dynamics of such groups to ever more extreme positions, and is a very particular free speech issue in itself.
The bill proposes that online forum operators like Facebook be forced to take greater responsibility for what is published on their platforms. Just after the parliamentary debate concluded, I was invited onto Sky News to discuss the proposals. The segment can be viewed below or on YouTube. Continue reading “Discussing the Online Forums Bill on Sky News”

For Alex Jones, The Slippery Slope Argument Doesn’t Work The Way You Think It Does

The news that conspiracy theorist and inciter-to-violence Alex Jones had been simultaneously banned from several social media platforms sparked several days of debate and comment – on both mainstream and social media. At stake were questions about the wisdom and efficacy of such a ban, and the acceptable limits of free speech.
A common argument trotted out in several quarters, including by me, was the ‘slippery slope’ argument. It might seem acceptable to ban someone unpleasant like Alex Jones, but who might they ban next? First they came for Alex Jones, but I was not a dangerous snake-oil salesman, so I did not speak up… Continue reading “For Alex Jones, The Slippery Slope Argument Doesn’t Work The Way You Think It Does”

My remarks at the UCL Institute for Advanced Studies round-table on 'Lies and the Law'

Last week I posted a quote from Dr Alex Mills of University College London, on Facebook’s woefully inadequate Terms & Conditions that related to defamation. That was drawn from a panel discussion I participated in on 22 March 2018 hosted by UCL’s Institute of Advanced Studies, entitled ‘Defamation – A Roundtable on Lies and the Law‘.
Here again is the audio of the panel discussion, and for for completeness I have pasted my remarks below too. The other participants were by Dr Alex Mills (UCL Laws), Prof Rachael Mulheron (Queen Mary Law) and Dr Judith Townend (Sussex Law). The discussion was chaired by Harry Eccles-Williams, Associate at Mischon de Reya. Continue reading “My remarks at the UCL Institute for Advanced Studies round-table on 'Lies and the Law'”