November 16, 2020 — The year 2021 will be pivotal for advancing media and press freedom initiatives, due to the converging crises affecting the future of journalism.
According to panelists, there currently persists a media freedom crisis consisting of a geopolitical crisis due to the aggressiveness of authoritarian regimes, a technological crisis due to a lack of democratic securities, a democratic crisis due to polarization and disinformation, a crisis of trust due to a spreading suspicion and even hatred of the media, and an economic crisis impoverishing the quality of journalism.
It was already a challenging time for journalism before the pandemic, yet the onset of the global COVID-19 pandemic resulted in what many have labeled an infodemic, as governments around the world rushed to take control of media communications, with some limiting access to information, at a time when people needed accurate info more than ever before.
Reporters Without Borders’ 2020 World Press Freedom Index finds a clear correlation between governments’ suppression of media freedom in response to the coronavirus pandemic.
Nations increased censorship across the globe led Canada and Botswana to co-host the second annual Global Conference for Media Freedom on Monday, which featured the first Ministerial meeting of the Media Freedom Coalition, a coalition of 37 governments committed to working together to advocate for media freedom and the protection of journalists.
Pandemic become an excuse to restrict media freedoms
“In countries which already showed autocratic tendencies, COVID-19 became the perfect excuse to restrict media freedoms,” said Barbara Trionfi, executive director of the International Press Institute. According to a study conducted by IPI, “17 countries worldwide rushed to pass ‘fake news’ emergency laws over the last eight months, essentially handing autocrats new censorship tools.”
In more autocratic states new laws were written permanently into criminal or civil codes, which outlawed all forms of online misinformation, with vaguely defined provisions. Many allow prosecutors to fine journalists for publishing information deemed untrue or threatening by authorities.
“Such laws have created new possibilities for authoritarian leaders, and their law enforcement and judicial systems, to place restrictions on speech that may long outlast the pandemic,” said Trionfi.
“In Senegal and Gambia, journalists have been physically assaulted by security forces for providing information contradicting public officials,” detailed Fatou Jagne, director for Senegal and West Africa at Article 19.
Polarization and truly fake news run rampant in U.S. and Brazil
Meanwhile, in more democratic regions, like Brazil and the United States, increased polarization became a trend, as already divided populaces were divided and isolated, while fake news was permitted to run rampant online.
The year has made one thing clear: a reset in the balance of individuals as rights’ holders and the government as duty-bearers, in terms of promoting media freedom, is necessary.
In an attempt to do just that, all 37 members of the Media Freedom Coalition signed the Global Pledge on Media Freedom, committing the countries to work together on identifying and acting on violations and abuses against members of the press.
As these countries are evidently putting in the brunt of the work to promote internet freedom, much of the day-long conference was spent developing best practices to promote media literacy and freedom of the press, around the globe.
Digital literacy skills in the fight for media freedom
Countless panelists expressed the importance of media literacy skills in the fight for media freedom, asserting the development of critical thinking and media consumption skills has never been more necessary.
Urmas Reinsalu, the minister of foreign affairs of the Republic of Estonia, detailed the country’s efforts to promote internet freedom, as Estonia was one of the first countries that dealt with disinformation from Russia on a coordinated level and consistently ranks among the highest nations in terms of internet freedom.
“We have attempted to tackle the hybrid-warfare tactics coming from Russia through a more socially-holistic approach,” said Minister Reinsalu, informing audiences that media and digital literacy skills are mandated for all Estonian grade-school children.
“The country also has a trusted national news source, which actively attempts to debunk and decode falsified information,” said Reinsalu.
Disinformation and poverty
In addition to media literacy, Craig Silverman, media editor of Buzzfeed News, said it is critical to address the economic drivers to the spread of disinformation.
“We should connect the growing disinformation environment to some fundamental conditions of society, such as poverty, or a lack of ability to connect to other people,” said Silverman.
Many called for international organizations to step up. To these pleas, Irene Khan, United Nation’s Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, informed that the issue of disinformation must be rephrased as a human rights concern, in order for the UN to get involved.
Khan added that she believes governments should not privatize censorship and give corporations all the say in the matter. “This is a judicial function, not corporate or executive one,” she said.
All panelists agreed that governments have a lot of have room to promote the press and that policymakers must take action to support local news.
“It is part of democracy and it is essential,” said Silverman.
Former GOP Congressman and UK MP Highlight Dangers of Disinformation and Urge Regulation
Will Hurd and Member of Parliament Damien Collins say disinformation on social media platforms a worry in midterm elections.
WASHINGTON, January 11, 2022 – Former Republican Rep. Will Hurd said that disinformation campaigns could have a very concerning effect on the upcoming midterm elections.
He and the United Kingdom’s Member of Parliament Damien Collins urged new measures to hold tech and social media companies accountable for disinformation.
Hurd particularly expressed concern about how disinformation sows doubts about the legitimacy of the elections and effective treatments to the COVID-19 virus. The consequences of being misinformed on these topics is quite significant, he and Collins said Tuesday during a webinar hosted by the Washington Post.
The Texan Hurd said that the American 2020 election was the most secure the nation has ever had, and yet disinformation around it led to the insurrection at the Capitol.
The British Collins agreed that democratic elections are particularly at risk. Some increased risk comes from ever-present disinformation around COVID and its effects on public health and politics. “A lack of regulation online has left too many people vulnerable to abuse, fraud, violence, and in some cases even loss of life,” he said.
In regulating tech and media companies, Collins said citizens are reliant on whistleblowers, investigative journalists, and self-serving reports from companies that manipulate their data.
Unless government gets involved, they said, the nation will remain ignorant of the spread of disinformation.
Tech companies need to increase their transparency, even though that is something they are struggling to do.
Yet big tech companies are constantly conducting research and surveillance on their audience, the performance of their services, and the effect of their platforms. Yet they fail to share this information with the public, and he said that the public has a right to know the conclusions of these companies’ research.
In addition to increasing transparency and accountability, many lawmakers are attempting to grapple with the spread of disinformation. Some propose various changes to Section 230 of the Telecom Act of 1996.
Hurd said that the issues surrounding Section 230 will not be resolved before the midterm elections, and he recommended that policy-makers take steps outside of new legislation.
For example, the administration of President Joe Biden could lead its own federal reaction to misinformation to help citizens differentiate between fact and fiction, said Hurd.
Greene, Paul Social Media Developments Resurface Section 230 Debate
Five days into the new year and two developments bring Section 230 protections back into focus.
WASHINGTON, January 5, 2022 – The departure of Republican Kentucky Senator Rand Paul from YouTube and the banning of Georgia Republican Representative Marjorie Taylor Greene from Twitter at the beginning of a new year has rekindled a still lit flame of what lawmakers will do about Section 230 protections for Big Tech.
Paul removed himself Monday from the video-sharing platform after getting two strikes on his channel for violating the platform’s rules on Covid-19 misinformation, saying he is “[denying] my content to Big Tech…About half of the public leans right. If we all took our messaging to outlets of free exchange, we could cripple Big Tech in a heartbeat.”
Meanwhile, Greene has been permanently suspended from Twitter following repeated violations of Twitter’s terms of service. She has previously been rebuked by both her political opponents and allies for spreading fake news and mis/disinformation since she was elected in 2020. Her rap sheet includes being accused of spreading conspiracy theories promoting white supremacy and antisemitism.
It was ultimately the spreading of Covid-19 misinformation that got Greene permanently banned from Twitter on Sunday. She had received at least three previous “strikes” related to Covid-19 misinformation, according to New York Times. Greene received a fifth strike on Sunday, which resulted in her account’s permanent suspension.
Just five days into the new year, Greene’s situation – and the quickly-followed move by Paul – has reignited the tinderbox that is Section 230 of the Communications Decency Act, which shields big technology platforms from any liability from posts by their users.
As it stands now, Twitter is well within its rights to delete or suspend the accounts of any person who violates its terms of service. The right to free speech that is protected by the First Amendment does not prevent a private corporation, such as Twitter, from enforcing their rules.
In response to her Tweets, Texas Republican Congressman Dan Crenshaw called Greene a “liar and an idiot.” His comments notwithstanding, Crenshaw, like many conservative legislators, has argued that social media companies have become an integral part of the public forum and thus should not have the authority to unilaterally ban or censor voices on their platforms.
Some states, such as Texas and Florida, have gone as far as making it illegal for companies to ban political figures. Though Florida’s bill was quickly halted in the courts, that did not stop Texas from trying to enact similar laws (though they were met with similar results).
Crenshaw himself has proposed federal amendments to Section 230 for any “interactive computer service” that generates $3 billion or more in annual revenue or has 300 million or more monthly users.
The bill – which is still being drafted and does not have an official designation – would allow users to sue social media platforms for the removal of legal content based on political views, gender, ethnicity, and race. It would also make it illegal for these companies to remove any legal, user generated content from their website.
Under Crenshaw’s bill, a company such as Facebook or Twitter could be compelled to host any legal speech – objectionable or otherwise – at the risk of being sued. This includes overtly racist, sexist, or xenophobic slurs and rhetoric. While a hosting website might be morally opposed to being party to such kinds of speech, if said speech is not explicitly illegal, it would thus be protected from removal.
While Crenshaw would amend Section 230, other conservatives have advocated for its wholesale repeal. Sen. Lindsey Graham, R-South Carolina, put forward Senate Bill 2972 which would do just that. If passed, the law would go into effect on the first day of 2024, with no replacement or protections in place to replace it.
Consequences of such legislation
This is a nightmare scenario for every company with an online presence that can host user generate content. If a repeal bill were to pass with no replacement legislation in place, every online company would suddenly become directly responsible for all user content hosted on their platforms.
With the repeal of Section 230, websites would default to being treated as publishers. If users upload illegal content to a website, it would be as if the company published the illegal content themselves.
This would likely exacerbate the issue of alleged censorship that Republicans are concerned about. The sheer volume of content generated on platforms like Reddit and YouTube would be too massive for a human moderating team to play a role in.
Companies would likely be forced to rely on heavier handed algorithms and bots to censor anything that could open them to legal liability.
Republicans are not alone in their criticism of Section 230, however. Democrats have also flirted with amending or abolishing Section 230, albeit for very different reasons.
Many Democrats believe that Big Tech uses Section 230 to deflect responsibility, and that if they are afforded protections by it, they will not adjust their content moderation policies to mitigate allegedly dangerous or hateful speech posted online by users with real-world consequences.
Some Democrats have written bills that would carve out numerous exemptions to Section 230. Some seek to address the sale of firearms online, others focus on the spread of Covid-19 misinformation.
Some Democrats have also introduced the Safe Tech Act, which would hold companies accountable for failing to “remove, restrict access to or availability of, or prevent dissemination of material that is likely to cause irreparable harm.”
The reality right now is that two parties are diametrically opposed on the issue of Section 230.
While Republicans believe there is unfair content moderation that disproportionately censors conservative voices, Democrats believe that Big Tech is not doing enough to moderate their content and keep users safe.
Experts Warn Against Total Repeal of Section 230
Panelists note shifting definition of offensive content.
Experts emphasized that it is not possible for platforms to remove from their site all content that people may believe to be dangerous. They argue that Section 230 of the Communications Decency Act, which shields platforms from legal liability with respect to what their users post, is necessary in at least some capacity.
During discussion between these experts at Broadband Breakfast’s Live Online Event on Wednesday, Alex Feerst, the co-founder of the Digital Trust and Safety Partnership, who used to work as a content moderator, said that to a certain extent it is impossible for platforms to moderate speech that is “dangerous” because every person has differing opinions about what speech they consider to be dangerous. He says it is this ambiguity that Section 230 protects companies from.
Still, Feerst believes that platforms should hold some degree of liability for the content of their sites as harm mitigation with regards to dangerous speech is necessary where possible. He believes that the effects of artificial intelligence’s use by platforms makes some degree of liability even more essential.
Particularly with the amount of online speech to be reviewed by moderators in the internet age, Feerst says the clear-cut moderation standards are too messy and expensive to be viable options.
Matt Gerst, vice president for legal and policy affairs at the Internet Association, and Shane Tews, nonresident senior fellow at the American Enterprise Institute, also say that while content moderation is complex, it is necessary. Scott McCollough, attorney at McCollough Law Firm, says large social media companies like Facebook are not the causes of all the problems with social media that are in the national spotlight right now, but rather that social features of today’s society, such as the extreme prevalence of conflict, are to blame for this focus on social media.
Proposals for change
Rick Lane, CEO of Iggy Ventures, proposes that reform of Section 230 should include a requirement for social media platforms to make very clear what content is and is not allowed on their sites. McCullough echoed this concern, saying that many moderation actions platforms take presently do not seem to be consistent with those platforms’ stated terms and conditions, and that individual states across the nation should be able to look at these instances on a case-by-case basis to determine whether platforms fairly apply their terms and conditions.
Feerst highlighted the nuance of this issue by saying that people’s definitions of “consistent” are naturally subjective, but agrees with McCullough that users who have content removed should be notified of such, as well as the reasoning for moderators’ action.
Lane also believes that rightfully included in the product of Section 230 reform will be a requirement for platforms to demonstrate a reasonable standard of care and moderate illegal and other extremely dangerous content on their sites. Tews generally agreed with Lane that such content moderation is complex, as she sees a separation between freedom of speech and illegal activity.
Gerst highlighted concerns from companies the Internet Association represents that government regulation coming from Section 230 reform will require widely varied platforms to standardize their operation approaches, diminishing innovation on the internet.
Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. You can watch the November 17, 2021, event on this page. You can also PARTICIPATE in the current Broadband Breakfast Live Online event. REGISTER HERE.
Wednesday, November 17, 2021, 12 Noon ET — The Changing Nature of the Debate About Social Media and Section 230
Facebook is under fire as never before. In response, the social-networking giant has gone so far as to change its official name, to Meta (as in the “metaverse”). What are the broader concerns about social media beyond Facebook? How will concerns about Facebook’s practices spill over into other social media networks, and to debate about Section 230 of the Communications Act?
Panelists for this Broadband Breakfast Live Online session:
- Scott McCullough, Attorney, McCullough Law Firm
- Shane Tews, Nonresident Senior Fellow, American Enterprise Institute
- Alex Feerst, Co-founder, Digital Trust & Safety Partnership
- Rick Lane, CEO, Iggy Ventures
- Matt Gerst, VP for Legal & Policy Affairs, Internet Association
- Drew Clark (moderator), Editor and Publisher, Broadband Breakfast
- Where is Our Intellectual Immune System?, by Alex Feerst in Cato Unbound
- A New Hope For Moderation And Its Discontents?, by Alex Feerst in Techdirt
- Your Speech, Their Rules: Meet the People Who Guard the Internet, by Alex Fierst in OneZero
- Content Moderation: Section 230 Of The Communications Decency Act, from Matt Gerst, by the Internet Association
- A Path Forward For Section 230, from Matt Gerst, by K. Dane Snowden of the Internet Association
- The Reality Of Revoking Section 230, from Matt Gerst, by Jon Berroya of the Internet Association
- Consumers Rely On Section 230 For Holiday Shopping, from Matt Gerst, by the Internet Association
- A co-author of Section on the law’s past, present, and future (with former Rep. Chris Cox), a podcast by Shane Tews from AEI
- Should Section 230 be reformed? (with Neil Fried), a podcast by Shane Tews from AEI
- Antiquated CDA 230 Immunity for TikTok Could Aid China’s Secret Efforts to Undermine U.S. Cyber-Security, by Rick Lane
- CDA 230, Frankenstein, Oppenheimer and the Social Dilemma, by Rick Lane
- Text of Section 230, “Protection for private blocking and screening of offensive material”
- On Regulating Social-Media Platforms, Follow Texas, Not Florida, by Clare Morell in National Review
- Broadband Breakfast Live Online Launches Series on Section 230: Separating Fact from Fiction, 3-Part Series in July 2020
W. Scott McCollough has practiced communications and Internet law for 38 years, with a specialization in regulatory issues confronting the industry. Clients include competitive communications companies, Internet service and application providers, public interest organizations and consumers.
Shane Tews is a nonresident senior fellow at the American Enterprise Institute (AEI), where she works on international communications, technology and cybersecurity issues, including privacy, internet governance, data protection, 5G networks, the Internet of Things, machine learning, and artificial intelligence. She is also president of Logan Circle Strategies.
Alex Feerst is a lawyer and technologist focused on building systems that foster trust, community, and privacy. He leads Murmuration Labs, which helps tech companies address the risks and human impact of innovative products, and co-founded the Digital Trust & Safety Partnership, the first industry-led initiative to establish best practices for online trust and safety. He was previously Head of Legal and Head of Trust and Safety at Medium, General Counsel at Neuralink, and currently serves on the editorial board of the Journal of Online Trust & Safety, and as a fellow at Stanford University’s Center for Internet and Society.
Rick Lane is a tech policy expert, child safety advocate, and the founder and CEO of Iggy Ventures. Iggy advises and invests in companies and projects that can have a positive social impact. Prior to starting Iggy, Rick served for 15 years as the Senior Vice President of Government Affairs of 21st Century Fox.
Matt Gerst is the Vice President for Legal & Policy Affairs and Associate General Counsel at Internet Association, where he builds consensus on policy positions among IA’s diverse membership of companies that lead the internet industry. Most recently, Matt served as Vice President of Regulatory Affairs at CTIA, where he managed a diverse range of issues including consumer protection, public safety, network resiliency, and universal service. Matt received his J.D. from New York Law School, and he served as an adjunct professor of law in the scholarly writing program at the George Washington University School of Law.
Drew Clark is the Editor and Publisher of BroadbandBreakfast.com and a nationally-respected telecommunications attorney. Drew brings experts and practitioners together to advance the benefits provided by broadband. Under the American Recovery and Reinvestment Act of 2009, he served as head of a State Broadband Initiative, the Partnership for a Connected Illinois. He is also the President of the Rural Telecommunications Congress.
As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.
- Federal Appeals Court Upholds California’s Net Neutrality Rules
- FCC Announces New RDOF Accountability and Transparency Measures, Additional Funding
- Commerce Vote on Sohn Wednesday, Facebook Abandoning its Crypto Technology, Low EBB Awareness
- Former Federal Trade Commission Chairman Says Biden is Inappropriately Exhorting the Agency
- Federal Communications Commission Approves New Provider Transparency Requirements
- Facebook is Failing Iranians, and Iran’s Leaders Are About to Launch a Censored Internet
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