The mass actions of the Arab Spring and the London riots and the recent case of Kony2012 highlight the huge part the social media plays in shaping the the way we think and act. UGC platforms are increasingly being used by a range of civic actors in innovative ways: to amplify their voices, organize campaigns and emergency services, and advocate around issues of common concern.
Kony 2012 video grab |
Whilst the platforms are public, and content originates from the user, it is subject to the Terms of Use (ToU) set by the private companies who own the platforms. Given what influence UGC and citizen journalism has, it is alarming to think about this lack of accountability in comparison with professional journalistc standards - contrast for example, the BBC's famous rules of impartiality. What kind of standards are being set to ensure that there is a consistent, balanced approach to moderation?
Amidst the recent furore over Facebook's published guidelines (nipples are rude but crushed limbs are OK), eModeration did some digging around to find out if there is any kind of regulation, self or otherwise, which guides the social netwroks on what is, and what is not, acceptable content, and how the ToU should be conveyed to uses to promote clarity, transparency and trust.
We came across this excellent report from September 2011: Account Deactivation and Content Removal: Guiding Principles and Practices for Companies and Users, published by The Berkman Center for Internet & Society and The Center for Democracy & Technology.
Quoting the report:
"The clarity, transparency, and consistency of how such terms are established and implemented are important to all users, but for the growing number of human rights activists who depend on web 2.0 platforms for core elements of their work-and for whom removed content and deleted accounts can have severe consequences-the stakes are much higher. For platform providers, enforcing site guidelines can require balancing complex and often competing considerations, including supporting community norms and innovative user activity, while maintaining a safe and secure online environment, protecting the free expression and privacy rights of users while enforcing legal standards or responding to government pressure, and accounting for the potential risks faced by activists."
The report demonstrates the ways in which companies can have a significant impact on user rights and user satisfaction by being clearer and more consistent in how they implement ToU and interact with users. The summary below contains much of what we would routinely recommend to any of our clients setting up a UGC community:
- Use clear and accessible language during the sign-up process, in terms of use, and in other forms of user guidelines.
- Translate ToU and user guidelines into languages in which services and features are offered.
- Clearly communicate to users when and how ToU vary across jurisdictions.
B. Respond when a Suspected Violation of ToU is Identified
- Require users who flag inappropriate content to specify the rule the content allegedly violates.
- Accompany warnings, content removal and blocking, and account deactivations with immediate notice, clear explanation of the violation, and descriptions of next steps.
- Provide for intermediate steps or an escalation process during the content or account review process.
- Provide clear channels through which users can contact the platform with complaints, questions, and issues.
C. Provide Opportunities for Recourse: Appeals, Due Process, and Data Export
- Develop an appeals process to mitigate the impact of mistakes or abuse by third parties.
- Respond to appeals promptly and communicate to users why the action was taken and what they should expect from the appeals process.
- Provide users with options to preserve and export data upon the deactivation of accounts.
D. Embed Human Rights Considerations into Company Practice and Platform Design
- Consider temporal, political, geographic, and other contexts when evaluating content.
- Provide relevant human rights education for staff, including review teams and platform managers.
- Engage academic institutions, human rights groups, and local NGOs regarding emerging issues, local contexts, and other factors that may influence user activity and content and inform company decision-making.
- Incorporate human rights considerations into both the policy development process and ongoing evaluations of existing policies.
- Develop specific guidance for human rights activists regarding good practice and relevant rules.
Summary of Recommendations for Users
- Educate yourself about the platforms that you engage with and use these services in a responsible manner.
- Use labels, tags, and other cues to provide contextual and other relevant information regarding your content.
- Where possible, keep copies of your materials or upload them to another service as a back-up.
- Engage with companies and other stakeholders by participating in networks, dialogues, and other efforts aimed at deepening understanding of emerging issues that may impact user content, rights, and activities.
"When user behavior or content has drawn scrutiny for ToU violations, communications to the user should strive to explain why the platform is issuing a warning or taking other adverse action against the user and what comes next. For example, such communication should include:
- a description of which specific rules the user's actions allegedly violate;
- a mechanism through which the user may request more information about the allegation (e.g., a web form or email address);
- a mechanism through which the user may contact the company to challenge the allegation, in case the user believes a rule has been misapplied to her content; and,
- links to information explaining the service provider's process for responding to user communications, including timing and its processes for handling appeals.
"The notice should be written in the language in which the user engages with the platform; for example, if the user engages with the French-language version of the platform, then the notice should be in French. Except where prohibited by law, a user should also have the opportunity to salvage her content or account information, even if her account is no longer publicly available."
Excellent whilst these recommendations are, it in Section D, on Human Rights Considerations, that it becomes most interesting, recognising the impact of ToU enforcement techniques on human rights defenders, activists, and those engaged in political speech or democratic reform efforts.
"When an activist's account is shut down or content is removed, it can cripple an ongoing campaign, remove a vital channel for disseminating information, or wipe out online networks".
For example, the report recommends that key staff members involved in reviewing flagged content should be educated about the potential for abuse of the complaint system and about how to respond to complaints related to politically sensitive topics, with guidelines which may vary by language.
Importantly, this report does not put forth a one-size-fits-all solution for the complex set of challenges raised by Terms of Use (ToU) enforcement. Platforms vary in terms of history, mission, content hosted, size, and user base, and no single set of practices will be an appropriate fit in every case. Nor does it underestimate the complexity of these challenges and the inevitability that both users and companies will make mistakes. Creating practical, scalable, and globally applicable processes is no small task and requires innovative solutions and creative approaches that draw on technical, human, and community driven processes.
Useful resources exist for helping platforms design programs and policies that are consonant with human rights norms and practices. Service providers should consult the Global Network Initiative's Principles on Free Expression and Privacy; the Protect, Respect, and Remedy framework created by John Ruggie, the United Nations Special Representative of the Secretary General on transnational corporations and other business enterprises; and the OECD's "Guidelines for Multinational Enterprises-Recommendations for Responsible Business Conduct in a Global Context."