An effective speech by comedian Sacha Baron Cohen on how social media companies have become “the greatest propaganda machine in history.”
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”
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”
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”
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’”
— English PEN (@englishpen) August 8, 2018
The propaganda website InfoWars has been banned from Facebook, the Apple iTunes podcasting platform, and Spotify. Most people have welcomed the fact that these technology companies have finally acted to enforce their own terms and conditions, though others (including, obviously, InfoWars itself) says that this is an infringement of free speech.
I was invited onto the BBC Victoria Derbyshire TV programme today to discuss the issue, alongside Karin Robinson from Democrats Abroad; and Neil Heslin, whose son was murdered at Sandy Hook Elementary School, and who has been taunted and harassed by the InfoWars website and its supporters. Continue reading “Discussing InfoWars and Free Speech on the BBC Victoria Derbyshire Programme”
Back in March, I participated in a round-table discussion hosted by the University College London’s Institute of Advanced Studies, on the subject of defamation. I will post my remarks at some point, but for now (primarily because of a media appearance I made today) I wanted to share a remark made by Dr Alex Mills about the state of Facebook Terms & Conditions.
What you have when you look at Facebook’s community standards is a defamation law that you would write on a postcard if you were trying to explain a sort of version of American defamation law to someone who wasn’t a lawyer.
Following the revelations about the harvesting of personal data by Cambridge Analytica and the ongoing worries about abuse and threats on social media, the UK House of Lords Select Committee on Communications last week began a new inquiry entitled ‘Is It Time To Regulate The Internet?’. At the witness sessions so far, peers have opened by asking each expert to comment on whether they favour self-regulation, co-regulation, or state-regulation.
The instinct to regulate is not limited to the U.K. Late last year senator Dianne Feinstein (D-CA) said:
You’ve created these platforms, and now they’re being misused, and you have to be the ones to do something about it… Or we will.
— CSPAN (@cspan) November 1, 2017
With the reader’s indulgence, these developments remind me of a point I made a few years ago at ORGcon2013, when I was speaking on a panel alongside Facebook VP for Public Policy EMEA, Richard Allan:
If we as the liberal free speech advocates don’t come up with alternative ways of solving things like the brutal hate speech against women, the hideous environment for comments that we see online, then other people are going to fix it for us. And they’re going to fix it in a draconian, leglislative way. So if we want to stop that happening, we need to come up with alternative ways of making people be nicer!
Its clear that neither Facebook, nor anyone in the technically minded audience at ORGCon, managed to solve the problem I raised. And lo! The legislators have arrived.
Following my short appearance in a BBC news report yesterday, I had hoped to publish a companion blog post here, making all the free speechy points that were edited out of my contribution. Instead, I strayed off piste and ended up with this litany of complaints about Facebook. A useful aide memoir for the future, with a couple of useful insights, maybe.
When it comes to free speech, even the most hardened advocates tend to draw the line at incitement to violence. “Your right to swing your arms ends just where the other man’s nose begins” wrote Zechariah Chafee. Freedom of expression is not absolute, and when people publish text or video that is likely to provoke violence, it is legitimate to censor that content.
Inciting violence and hate is what Britain First group appear to have been doing, so the Facebook decision to ban their page feels righteous. Good riddance? Nothing to see here? Move along?
Not quite. This development is still problematic and draws our attention to the unexpected role that social media plays in our politics. We have been discussing these problems for years without, in my opinion, coming any closer to solving them. Continue reading “A Litany of the Ways In Which Facebook Corrupts the Spirit of Free Speech”
The racist far right group Britain First have been banned from Facebook. BBC South East reported the story and interviewed yrstrly for English PEN. Here’s what I said:
We abhor what Britain First stands for, but nevertheless there are some unintended consequences with this move. Shutting down speech you don’t like is deeply problematic—It means that countries around the world can use it as an excuse to shut down speech they don’t like. And it also alienates certain sections of the British population, [with whom] we really need to have a dialogue…
Obviously this is just a small excerpt from a longer interview I gave to the news team. There is a lot more to say about this issue, in particular about how we appear to have ceded most of our political discourse to private companies running social media platforms. There is also a real issue surrounding the efficacy of counter-speech, and what both social media and the traditional broadcasters might do in order to give better, bigger platforms to the kind of options that can counter and neutralise the far right threat. I will post more on this soon.
In the meantime, the entire South East Today programme for 14th March is currently available on the BBC iPlayer.