“Australia’s highest court has upheld a controversial and potentially destructive ruling that media outlets are legally liable for defamatory statements posted by online commenters on Facebook, a decision that could result in massive amounts of online censorship out of fear of lawsuits.
The case revolves around a television program from 2016 on Australia’s ABC TV (no relation to America’s ABC network) about the mistreatment of youths in Australia’s jail system. Footage of Dylan Voller in a restraining chair was part of the coverage. When media outlets covered this program and posted links to the coverage on Facebook, users made comments about Voller, and this prompted Voller to sue the media outlets. The comments were defamatory, Voller claimed, and he argued that the media outlets themselves were responsible for publishing them.
The media outlets countered that, no, they were not the publishers of third-party comments on Facebook and were not responsible for what they said. The outlets have been appealing to the courts to toss out the lawsuits, and they’ve been losing.”
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“The country’s top justices determined that media outlets in the country are, indeed, publishers of the comments that users post on Facebook under stories that they link.
The logic here is absolutely terrible and destructive. Facebook has control over the tools for managing comments on media pages. The media outlets themselves do not, and they can’t “turn off” commenting on their Facebook pages. They do have the power to delete comments after the fact or use filtering tools that target keywords (to stop people from making profane or obscene comments) and can block individual users from the page.
Using these tools to try to prevent defamatory comments requires constant monitoring of the media outlet’s Facebook page and would demand that moderators be so agile as to remove potentially defamatory content the moment it appears before anybody else could see it. Nevertheless, the justices concluded that this is enough control over the comments for media outlets to be considered publishers. Two of the justices were very blunt that simply participating on Facebook made Fairfax Media Publications a publisher of the comments”
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“It is easy to assume, as these other justices apparently have, that such a decision could not possibly cause a disastrous amount of online censorship because media outlets should know when a controversial story might lead to defamatory comments. The judges actually note this in the ruling. They seem to think that this is only an issue with certain types of stories and that the appearance of defamatory comments can be predicted in advance.
This is complete rubbish, and anybody with any experience on social media already knows this. Trolls, scammers, and spammers range far and wide (that’s the point of them), and it’s incredibly naive to think that a story that has no controversial elements can’t end up with third parties posting defamatory nonsense under them.”
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“it’s why Section 230 of the U.S. Communications Decency Act, which generally protects websites and social media platforms (and you) from liability for comments published by others, is so important. It’s not just to protect media outlets from being held liable for comments from trolls. It’s to allow social media participation to even happen at all. Some large media outlets or companies might be able to afford around-the-clock moderation to attempt to catch problems. But even if they could, let’s be clear that they’re going to avoid as much risk as possible and delete any comment that has a whiff of controversy. Why would they allow it to stand if it could get them sued?
But smaller companies and outlets—and there’s no reason to think this ruling applies only to media outlets—will either have to hope Facebook gives them better tools to control who posts on their page or just not have social media presences at all.”
“My sense is that social media in particular — as well as a broader range of internet technologies, including algorithmically driven search and click-based advertising — have changed the way that people get information and form opinions about the world.
And they seem to have done so in a manner that makes people particularly vulnerable to the spread of misinformation and disinformation.”
“What we’re concerned about is the fact that this information ecosystem has developed to optimize something orthogonal to things that we think are extremely important, like being concerned about the veracity of information or the effect of information on human well-being, on democracy, on health, on the ecosystem.”
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“The printing press came out and upended history. We’re still recovering from the capacity that the printing press gave to Martin Luther. The printing press radically changed the political landscape in Europe. And, you know, depending on whose histories you go by, you had decades if not centuries of war [after it was introduced].”
“”People’s habits do incline somewhat toward their preferred political positions, but a study of Web browser, survey, and consumer data from 2004 to 2009 found that people’s media diets online were modestly divided by ideology but far more diverse than, for instance, the networks of people with whom they talked about politics in person,” wrote Brendan Nyhan, a professor of government at Dartmouth College, in a review of the data for The Washington Post. “This finding of limited information polarization has been repeatedly replicated. Most recently, a new study found that mobile news consumption is even less segregated by ideology than desktop/laptop data used in previous research.”
Many people want to believe that social media, and Facebook in particular, makes everyone more racist, politically paranoid, addicted, and anxious. It’s a narrative that’s equally popular with very conservative Republicans (who somewhat bafflingly view Facebook as an enemy), progressive Democrats (who are ideologically predisposed to dislike large corporations), and the mainstream media (which views social media as a rival). But there is solid evidence undermining many of these claims, and it’s important to remember that taking away technology and shutting off conversations—even fraught and divisive conversations—often increases ignorance and prejudice.”
“On Sunday, July 11, thousands of Cubans in dozens of cities around the island nation took to the streets to protest the country’s communist dictatorship and persistent shortages in food, energy, and medicine, all of which have been made worse by the pandemic.
The demonstrations have been enabled by social media and the internet, which only came to Cuba in a big way in late 2018, when President Miguel Diaz-Canel allowed citizens access to the internet on their cellphones.”
“”Defining ‘misinformation’ is a challenging task, and any definition has limitations,” Murthy concedes. “One key issue is whether there can be an objective benchmark for whether something qualifies as misinformation. Some researchers argue that for something to be considered misinformation, it has to go against ‘scientific consensus.’ Others consider misinformation to be information that is contrary to the ‘best available evidence.’ Both approaches recognize that what counts as misinformation can change over time with new evidence and scientific consensus. This Advisory prefers the ‘best available evidence’ benchmark since claims can be highly misleading and harmful even if the science on an issue isn’t yet settled.”
Who decides what the “best available evidence” indicates? Trusting government-appointed experts with that job seems risky, to say the least.”
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“If those recommendations become commands, they would clearly impinge on the First Amendment rights of social media companies and people who use their platforms. But even if such regulations could pass constitutional muster, they would face the same basic problem as voluntary efforts to curb “misinformation”: Once you get beyond clear examples like warnings about vaccine-induced mass sterility, misinformation is in the eye of the beholder.”
“while some circumstantial evidence supports the lab leak theory, there is still no scientific consensus on whether COVID-19 emerged from a research facility, a wet market, or somewhere else.”
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“Facebook made a quiet but dramatic reversal..: It no longer forbids users from touting the theory that COVID-19 came from a laboratory.
“In light of ongoing investigations into the origin of COVID-19 and in consultation with public health experts, we will no longer remove the claim that COVID-19 is man-made or manufactured from our apps,” the social media platform declared in a statement.”
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“the lab leak theory—the idea that COVID-19 inadvertently escaped from a laboratory, possibly the Wuhan Institute of Virology—has gained some public support among experts. In March, former Centers for Disease Control and Prevention (CDC) chief Robert Redfield said that he bought the theory. (His admission earned him death threats; most of them came from fellow scientists.) Nicholson Baker, writing in New York, and Nicholas Wade, formerly of The New York Times, both wrote articles that accepted the lab leak as equally if not more plausible than the idea that COVID-19 jumped from animals to humans in the wild (or at a wet market). Even Anthony Fauci, the White House’s coronavirus advisor and an early critic of the lab leak theory, now concedes it shouldn’t be ruled out as a possibility.
This has forced many in the media to eat crow. Matthew Yglesias, formerly of Vox, assailed mainstream journalism’s approach to lab leak as a “fiasco.” The Post rewrote its February headline, which now refers to the lab leak as a “fringe theory that scientists have disputed” rather than as a debunked conspiracy theory. New York magazine’s Jonathan Chait noted that a few ardent opponents of lab leak “with unusually robust social-media profiles” had used Twitter—the preferred medium of progressive politicos and journalists—to promote the idea that any dissent on this subject was both wrong and a sign of racial bias against Asian people.”
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“Big Tech takes its cues from the mainstream media, making decisions about which articles to boost or suppress based on the prevailing wisdom coming from The New York Times, The Washington Post, and elite media fact-checkers. (That’s according to information I obtained from insiders at Facebook during research for my forthcoming book, Tech Panic.)”
“I don’t know the correct level of content moderation by Facebook, Twitter, Google, or Amazon. And neither do you.
Sometimes I can pinpoint what looks to me like an obvious misstep”
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“But I also know deciding what and whom to allow on your platform is a hard problem. Scale is hard”
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“The difficulty of this task hasn’t stopped everyone from elected politicians to think-tankers to pundits from looking for ways to punish tech companies for doing it wrong. These folks disagree about what is broken in the status quo, but the calls to action are no less strident for all that.
For every person arguing against moderation on the grounds of ideological bias, there is someone else pushing for more aggressive moderation to control rampant hate speech or “disinformation”—which can mean everything from objectively false claims to arguments that some users consider subjectively offensive. There are those who find the profit-making aspect of the whole industry distasteful, and there are those who fret about the difficulties faced by would-be competitors due to the sheer size of the companies in question.
The push to crack down on Big Tech is both bipartisan and fiercely politically tribal—the worst of both worlds.
The proposed solutions are numerous, and nearly all involve aggressive government action: break up some or all Big Tech firms via antitrust, remove longstanding liability protections by rewriting Section 230 of the Communications Decency Act, treat social media platforms as public utilities or common carriers with all the constraints that entails, reinstate the Fairness Doctrine, and much more.”
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“Any legislative or regulatory restriction on Big Tech will not be a triumph of the oppressed over the powerful. It will be yet another instance of the already powerful wielding the state’s machinery to compel private companies to do what they want, likely at the expense of their market competitors or political enemies. Such reforms are far more likely to be censorship than to reduce censorship, in the strictest sense.
It has become fashionable on both the left and the right to argue that Big Tech is now more powerful than a government or perhaps indistinguishable from one. Here is a list of things governments sometimes do if they dislike what you say or how you say it: lock you up, take your property, take your children, send you to die in a war. Here is a list of things tech companies sometimes do: delete your account.
Twitter, Facebook, Amazon, and Google do play a huge role in many people’s lives. To be kicked off a popular platform can be deeply unpleasant and unnerving. But the notion that political interference will result in broader access to a better product is naive at best and dangerous at worst.
On platforms that do any moderation or curation at all—both functions that are necessary for a pleasant or even comprehensible user experience—there are going to be many thousands of borderline calls each day, by humans and robots alike. And those decisions get more plentiful and complex over time. That, in turn, generates more room for error, and more consumer demand for clarity.”
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“Every single one of these sites is entirely or primarily free to use. Yes, they make money, sometimes lots of it. But the people who are absolutely furious about the service they are receiving are, by any definition, getting much more than they paid for. The results of a laissez-faire regime on the internet have been remarkable, a flowering of innovation and bountiful consumer surplus.
The question of the correct level of content moderation by Facebook, Twitter, Google, Amazon, and their would-be rivals is not a question that needs to be answered in the sphere of politics. We do not need to agree on a single answer. Which is good, because we never will.”
“Facebook is indeed a powerful and influential company, but these people all need a reality check. The social media site does not wield nearly as much power as actual governments. Facebook doesn’t drop bombs on its enemies or send troops to bust down their doors and kill them. Facebook can’t put people in jail, or confiscate their money, or forbid them from gathering in groups, or force children as young as three to wear masks while they play sports outside. The only thing Facebook can do is stop people from posting on Facebook.”
“Facebook always was hugely important to Trump in his political rise and reign. Twitter, which has booted him forever, tended to be more front and center — it was for Trump a rough, running focus group, and a real-time, utterly un-private diary. But if Twitter was the loudspeaker, Facebook was the less flashy but nonetheless critical organizing, advertising and fundraising infrastructure. Compared to Twitter’s noisy café, Facebook was the underground pipes. It’s hard to see how Trump would have become president without it.
“I understood early that Facebook was how Donald Trump was going to win,” Brad Parscale, the digital media director on Trump’s 2016 campaign who then started as his campaign manager in 2020, said in 2017. “Facebook was the method — it was the highway which his car drove on.”
“… large numbers of conservative voters, ability to broadcast all day, multiple times to the same audience, and the numbers were showing in the consumer side that people were spending more and more hours of their day consuming Facebook content,” he said in 2018. “Being able to show a message directly from President Trump talking… talking directly to camera was very important. I could get it right there not filtered by the media, not filtered by anyone. It was his face. It was the person you wanted to hear from talking directly to you.”
A New Yorker headline in March of 2020 referred to “Trump’s Facebook Juggernaut.”
“He arguably has the best fundraising list in Republican politics right now, which means he has the best email lists and text messaging lists, but there’s a half-life on that — because people change emails, change cell phone providers. So it’s important that he keeps filling that pipeline with new contacts, and that’s where Facebook comes in,” Wilson said, noting that polling he’s done suggests that 60 percent of voters log on to Facebook every day.”