[HN Gopher] European content removal laws are scrubbing the inte...
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       European content removal laws are scrubbing the internet of legal
       content
        
       Author : rntn
       Score  : 35 points
       Date   : 2024-06-13 21:00 UTC (2 hours ago)
        
 (HTM) web link (www.techdirt.com)
 (TXT) w3m dump (www.techdirt.com)
        
       | WarOnPrivacy wrote:
       | _This analysis found that legal online speech made up most of the
       | removed content from posts on Facebook and YouTube in France,
       | Germany, and Sweden._
       | 
       |  _Of the deleted comments examined across platforms and
       | countries, between 87.5% and 99.7%, depending on the sample, were
       | legally permissible._
        
         | NeoTar wrote:
         | I assume this means "legally permissible in said country"?
        
           | seszett wrote:
           | The article or the report don't give a single example of what
           | they think was wrongly removed when it was just "general
           | expression of opinion".
           | 
           | So I'm quite critical of this kind of platform enforced
           | censorship, but I'm not really convinced on this case that
           | it's not just a different interpretation of what free speech
           | means and what hate speech is between US Americans and
           | Europeans, as is common in these discussions.
        
       | o11c wrote:
       | The linked PDF source does not back up the article or title. Page
       | 19-20, Who deleted the comment - Deletion or Moderation?:
       | 
       | > It is essential to emphasize that identifying the actor
       | responsible for deleting a comment is not feasible. [...]
       | Therefore, this report treats the three reasons for comment
       | disappearance as a single phenomenon.
       | 
       | Or in other words, it counts _all_ removals, and we know that
       | moderation _always_ removes based on more criteria than just
       | legality, regardless of what those laws are.
        
       | jameshart wrote:
       | The obligation on content platforms is not to _allow any legally
       | permissible message to be posted_. It is to _prevent any legally
       | impermissible message from being posted_.
       | 
       | Moreover, as a business, just because something's theoretically
       | legal, if it exposes you to a nonzero risk of being prosecuted -
       | _even if you are pretty sure you will prevail_ - you're well
       | within your rights to elect not to be the vehicle through which
       | that bit of caselaw gets made.
       | 
       | The claim that 90% or so of these deleted messages were 'legally
       | permitted' seems to rest on a somewhat untestable hypothesis that
       | if these platforms had left this content up, it would not have
       | resulted in legal consequences, or if it had, the hosting
       | platforms and posters would have been exonerated.
       | 
       | Whether or not to make those gambles with facebook's
       | shareholders' money is really facebook's business.
        
       | moomin wrote:
       | I guarantee you that if I started filling every HackerNews thread
       | with My Little Pony memes, every "Free Speech Absolutist" would
       | manage to grasp the point that sometimes you want to remove legal
       | content.
        
         | fallingknife wrote:
         | But this is missing the issue entirely. Your spammy posts would
         | be removed because nobody here wants to see them if they even
         | could after the deluge of downvotes. What is happening in
         | Europe is that people are posting things that users _do_ want
         | to see, but the government doesn 't want people to see it.
        
       | DEADMINCE wrote:
       | European content removal laws don't apply outside of Europe which
       | means they don't apply to the internet, only a 'version' of the
       | internet.
       | 
       | If you live in a country that doesn't let you access the 'true'
       | internet, you don't live in a free country.
        
         | interactivecode wrote:
         | If you live in a country that doesn't protect you. It's not a
         | country, it's just a government sized HOA.
        
           | DEADMINCE wrote:
           | Censorship is rarely protection.
        
       | fallingknife wrote:
       | Just to note some speech that has been considered illegal in
       | Europe:
       | 
       | - calling Muhammad a pedophile - convicted of blasphemy (JFC!)
       | https://en.wikipedia.org/wiki/E.S._v._Austria_(2018)
       | 
       | - posting the government's own crime statistics - convicted of
       | inciting hate https://europeanconservative.com/articles/news/afd-
       | politicia...
       | 
       | - a video of a dog doing a Hitler salute - hate crime
       | https://www.bbc.com/news/uk-scotland-glasgow-west-43478925
       | 
       | So if that's illegal you can imagine how tame the legal content
       | that was removed is. There is no freedom of speech in Europe.
        
         | interactivecode wrote:
         | Why are you so worried about freedom of speech when you haven't
         | even separated state and religion?
         | 
         | Also, Freedom of speech doesn't mean acceptance of hate. Im
         | glad that content and people who encourage racism are removed.
        
       | charbroiled wrote:
       | > Of the deleted comments examined across platforms and
       | countries, between 87.5% and 99.7%, depending on the sample, were
       | legally permissible.
       | 
       | Even of the content that's not "legally permissible," it's worth
       | questioning what exactly is not permitted. It was mere months ago
       | that the EU threatened YouTube for hosting "incitement to
       | violence or propaganda for terrorist organizations"--a lot of
       | which was actual real footage of massacres that is valuable and
       | should not be suppressed in a free society, yet keeps getting
       | taken down from platform after platform due to pressure from
       | regulators. https://news.ycombinator.com/item?id=37884292
       | 
       | This is a common practice in cultures that don't believe in free
       | speech according to the American standard. For example, videos of
       | the Christchurch mosque shootings were banned by the New Zealand
       | Chief Censor (yes, that's a real title--
       | https://www.classificationoffice.govt.nz/news/news-items/res...).
       | Sharing the video can get you arrested.
       | https://gizmodo.com/18-year-old-arrested-in-new-zealand-for-...
       | 
       | Surely it's distasteful to keep these sordid videos available to
       | and viewable by the general public, but when the government
       | prohibits citizens from forming their opinions from stark video
       | of real events, it drastically empowers inflammatory rhetoric on
       | social media--more legally permissible according to their
       | standards--to influence people's opinions instead. That leaves
       | society as a whole worse off.
        
         | squigz wrote:
         | On the topic of such videos, I do feel like more people need to
         | view these things. Not casually, or as entertainment, but to
         | get a glimpse of what these events are actually like. I watched
         | the Christchurch shooting, and seeing the callousness of it
         | all... I don't know, it changes you.
        
       | buzer wrote:
       | If the comments were removed due to being presumably being
       | illegal (rather than due to company determining they simply don't
       | want that kind of speech, e.g. spam) wouldn't it be prudent for
       | the platforms to report all instances to the local police after
       | removing the comment? If the police determines to not continue
       | with the investigation then the speech must be legal and thus
       | could be restored and they can adjust their moderation
       | accordingly.
        
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       (page generated 2024-06-13 23:01 UTC)