- The EU’s highest court has ruled that if one EU-member country decides content posted on Facebook is illegal, Facebook can be forced to remove specific content worldwide.
- Facebook and other critics argued the rule will violate freedom of expression laws in other countries because removing content that one country deems illegal might be protected as free speech in another country.
- Some critics also claimed the rule will allow authoritarian leaders to justify censorship and stifling political dissent.
European Court of Justice Ruling
The European Union’s highest court ruled Thursday that Facebook can be ordered to remove specific content worldwide if one EU-member country finds it illegal.
In a statement, the European Court of Justice said that if the national court of one EU country decides a post on Facebook is illegal, Facebook will be required to remove all duplicates of that post: not just in that EU country, but everywhere in the world.
The ruling also says that in some cases, even posts that are similar to the post deemed illegal will also have to be removed.
The ECJ made the decision after Austrian politician Eva Glawischnig-Piesczek sued Facebook in Austrian courts demanding that the company remove a defamatory comment someone posted about her, as well as any “equivalent” comments disparaging her.
Reportedly, the post in question was made by a Facebook user why shared a link to a news article that called Glawischnig-Piesczek a “lousy traitor of the people,” a “corrupt oaf” and member of a “fascist party.”
Facebook at first had refused to remove the post, which in many countries would still be considered acceptable political speech. However, Austrian courts ruled that the post was intended to hurt her reputation, and the Austrian Supreme Court referred the case to the ECJ.
In the ECJ statement, the highest court did clarify that Facebook and other social media companies are not liable for illegal content posted on their platforms as long as they did not know it was illegal or removed it quickly.
Regardless, the ruling still comes as a massive blow and a huge change for Facebook and places much more responsibility on the tech giant to control its content.
It should not come as a surprise that Facebook is not happy with the decision.
Before the high court’s decision, Facebook and others critical of the rule argued that allowing one country to force a platform to remove material globally limits free speech. Facebook also argued that the decision would most likely force them to use automated content filters.
Some activists have claimed automated filters could cause legitimate posts to be taken down because the filters can not necessarily tell if a post is ironic or satirical or a meme—a problem most grandparents also seem to have on Facebook.
Facebook condemned the ECJ ruling in a statement, where it argued that internet companies should not be responsible for monitoring and removing speech that might be illegal in one specific country.
“It undermines the long-standing principle that one country does not have the right to impose its laws on speech on another country,” the statement said. “It also opens the door to obligations being imposed on internet companies to proactively monitor content and then interpret if it is ‘equivalent’ to content that has been found to be illegal.”
“In order to get this right national courts will have to set out very clear definitions on what ‘identical’ and ‘equivalent’ means in practice,” Facebook continued. “We hope the courts take a proportionate and measured approach, to avoid having a chilling effect on freedom of expression.”
Free Speech Debate
Facebook’s statement has also been echoed by some experts in the field, like Thomas Hughes, the executive director of the UK rights group Article 19, who told Reuters that the decision of one country to remove content illegal in its borders could lead to the removal of content that should be protected as free speech in another country.
“Compelling social media platforms like Facebook to automatically remove posts regardless of their context will infringe our right to free speech and restrict the information we see online,” Hughes said.
“This would set a dangerous precedent where the courts of one country can control what internet users in another country can see. This could be open to abuse, particularly by regimes with weak human rights records.”
Touching on that point, Eline Chivot, an analyst at the Center for Data Innovation told the Financial Times that the ruling could open a “Pandora’s box” whereby the global removal of content deemed illegal in one country could give authoritarian governments and dictators more tools for censorship.
“Expanding content bans worldwide will undermine internet users’ right to access information and freedom of expression in other countries,” she said. “This precedent will embolden other countries, including those with little respect for free speech, to make similar demands.”
EU’s Role in Tech Company Regulation
Ben Wagner, the director of the Privacy and Sustainable Computing Lab at Vienna University, also argued that decision brings up concerns about restricting political speech.
“We’re talking about a politician who is being insulted in a political context, that’s very different than a normal citizen,” he told The New York Times. “There needs to be a greater scope for freedom of opinion and expression.”
The possibility of stifling political speech is a common debate regarding the regulation of content on social media.
On Wednesday, Singapore enacted a “fake news” law that will basically let the government decide what is and is not fake news on social media, leading many to believe the law is simply a tool to limit free speech and suppress political dissent.
Discussions about the regulation of political speech are especially pertinent right now.
Just last week, Facebook announced that posts by politicians will be exempt from the platform’s rules and that they will not remove or label posts by politicians, even if they are disparaging or contains false information.
Now it seems like that will change.
It is also interesting because it speaks to a broader issue of global enforcement for these kinds of rules. As many have pointed out, the EU has increasingly set the standard for tougher regulation of social media and tech companies.
But creating consistent standards for enforcement and oversight has been challenging, especially when attempting to enforce a rule globally.
At the end of September, the ECJ decided to limit the reach of a privacy law called “the right to be forgotten,” which lets European citizens request that personal data be removed from Google’s search results.
The ECJ decided that Google could not be required to remove the links globally, but just in EU-member states.
Before that decision, Google also claimed the law could be abused by authoritarian governments trying to cover up human rights abuses.
Facebook, however, should not expect the court’s rule to change, as the ECJ court’s decision cannot be appealed.
See what others are saying: (The New York Times) (Reuters) (Forbes)
LAPD Uses Controversial Data Surveillance Tool to Create Massive Database of People
- Controversial data gathering company Palantir Technologies went public Wednesday. Leading up to this move, many reports detailed why the group is so heavily criticized.
- One of the biggest reports came from BuzzFeed News, which obtained documents that show how officers in the Los Angeles Police Department are trained to use Palantir Gotham.
- This tool allows officers to create a database of people who may or may not be suspected of crimes, and then search that database by name, race, gender, tattoos, people they know, and more.
- Within the last few weeks, both Amnesty International and Rep. Alexandria Ocasio-Cortez have also lodged concerns of their own about Palantir, ranging from human rights violations to a lack of transparency with the public.
BuzzFeed News Report
As Palantir Technologies went public on Wednesday, so did numerous reports detailing why the data gathering and analysis company is so controversial.
One of the biggest reports came from BuzzFeed News, which obtained documents revealing how the Los Angeles Police Department used Palantir Gotham, a highly contentious law enforcement tool, to create a sweeping database. According to their report, this includes information like the names of those who have been arrested, convicted, or suspected of a crime, but goes much further.
“Maybe a police officer was told a person knew a suspected gang member. Maybe an officer spoke to a person who lived near a crime “hot spot,” or was in the area when a crime happened. Maybe a police officer simply had a hunch. The context is immaterial,” reporter Caroline Haskins wrote. “Once the LAPD adds a name to Palantir’s database, that person becomes a data point in a massive police surveillance system.”
The LAPD uses this system in effort to quickly search for and find criminals, but it has unsurprisingly faced backlash from those who see Palantir as a privacy overreach. Some believe that, especially as the country is having conversations about shrinking police budgets, tools like this cost taxpayers too much money. Others believe the lack of transparency between the public and police departments about using Planatair and other forms of data surveillance is dangerous.
According to BuzzFeed News, LAPD’s use of Palantir has little to no public oversight or regulation. The program “helped the LAPD construct a vast database that indiscriminately lists the names, addresses, phone numbers, license plates, friendships, romances, jobs of Angelenos — the guilty, innocent, and those in between.”
The LAPD has been using Palantir for ten years, and between 2015 and 2016, paid for it via money it received from the federal government, but it’s unclear if that is always how it has been funded.
Palantir collects information from multiple sources, including the DMV and photos collected at traffic lights and toll booths. The database has one billion pictures of license plates from those locations so that police can see where and when your car was photographed, then click to learn more about you.
On top of this, the report notes that dozens of California police departments, sheriff’s offices, airport police, universities and school districts signed onto data sharing agreements with the LAPD between 2012 and 2017. As a result, these places have had to send daily copies of their police records, licence plate readings, and dispatch information to the LAPD so officers can put that data into Palantir.
A document of user metrics obtained by BuzzFeed shows that as of 2017, there are 5,000 registered LAPD user accounts on Palantir, which is over 40% of the department’s officers. In 2016, LAPD ran more than 60,000 searches in support of more than 10,000 cases.
The outlet also obtained training documents that detail specifically how officers are being instructed to use Palantir. Police can search for people not only by name, but by race, gender, gang membership, tattoos, scars, friends and family. These searches will return a list of names along with associated addresses, emails, vehicles, warrants, mugshots, surveillance pictures, and even personal connections like friends, family members, neighbors and coworkers.
Criticisms of Palantir and Policing
One of the largest criticisms of Palantir comes from those who fear it will exacerbate the racism that already exists in policing.
“The federal government shouldn’t be spending money on unproven surveillance software or crime prediction programs that target Black and Hispanic Americans and don’t actually reduce crime,” Senator Ron Wyden (D-Or.) said.
Many of these concerns here are backed up by sociologist Sarah Brayne, who studied and observed how the LAPD uses data surveillance over the course of seven years. In July, she wrote about Palantir and the LAPD for the Los Angeles Times and said officers had built a “sprawling database of information.”
“In the digital age, data are a form of capital. If only the police and tech companies have access to the data and analytic software, independent evaluation of how this capital is being leveraged in law enforcement is impossible,” Brayne wrote. She also believed that there can easily be racial bias issues in the application of these tools
“Analytic software also can exacerbate inequalities under the veneer of objectivity,” she said. “Surveillance tools such as license plate readers are deployed based on past department crime statistics, which means that “predictive policing” data systems disproportionately point to Black and brown people and neighborhoods for heavier policing and future data gathering.”
Controversies as Palantir Goes Public
Palantir was started by its CEO Alex Karp and a handful of other founders, including Peter Thiel. In addition to being used by the LAPD, it has also been used by the New York Police Department, the CIA, Immigration and Customs Enforcement, and most recently, by the Department of Health and Human Services for data processing during the COVID-19 pandemic.
BuzzFeed’s report exposing its use in the LAPD is just the latest piece of criticism it has faced heading into its move to go public. Amnesty International put out a release accusing Palantir of human rights abuses, specifically citing its relationship with ICE.
“Palantir touts its ethical commitments, saying it will never work with regimes that abuse human rights abroad. This is deeply ironic, given the company’s willingness stateside to work directly with ICE, which has used its technology to execute harmful policies that target migrants and asylum-seekers,” wrote Michael Kleinman, the Director of Amnesty International’s Silicon Valley Initiative.
According to Amnesty International, ICE has used Palantir to arrest parents and caregivers of unaccompanied children and to plan mass riads, leading to children being separated from their caregivers. Palantir allows ICE to identify, share information on, investigate, and track migrants and asylum seekers, which aids operations like these.
Palantir also faced criticism earlier this month from Rep. Alexandria Ocasio-Cortez (D-Ny.) who wrote the Securities and Exchange Commission detailing her concerns about Palantir going public. In a letter, she claimed that the company was not transparent enough with the public.
“Palantir reports several pieces of information about its company – and omits others – that we believe require further disclosure and examination, as they present material risks of which potential investors should be aware and national security concerns of which the public should be aware,” she wrote.
Ocasio-Cortez highlighted several areas of concern, including the fact that Palantir has worked with foreign governments known to engage in corrupt practices and human rights violations, their failure to provide adequate information about one of its board members, and the potential data security implications of its relationship with HHS could have.
“Palantir must provide greater transparency to potential investors about the data protections or lack thereof associated with its government contracts, and further information about the U.S. and non-U.S. government entities for which it is working on data related to the COVID-19 crisis,” she wrote. “This is of paramount importance to investors and the public, as Palantir Chief Operating Office Shyam Sankar recently characterized the company’s work for multiple governments to manage and process data in response to the COVID-19 crisis as the new “driving thrust of the company.”
See what others are saying: (BuzzFeed News) (Business Insider) (Washington Post)
TikTok Bans Ads for Weight Loss Supplements and Fasting Apps
- TikTok said Wednesday that it will ban advertisements for fasting apps and weight loss supplements. It will also add new restrictions on ads that “promote a harmful and negative body image.”
- Part of its new policies include only allowing viewers ages 18 and up to see ads for “weight management products” and barring ads with irresponsible claims.
- The app is also partnering with the National Eating Disorder Association to connect users with resources directly on the app and will support Weight Stigma Awareness Week (Sept. 28-Oct.2) with information about the topic on its discover page.
- The move comes after months of users noticing increased ads for Intermittent fasting apps and other weight-related products, which many found concerning considering TikTok’s massive young user base.
New Restrictions Announced
TikTok announced some new restrictions for weight loss advertisements on its platform Wednesday in an effort to support body positivity.
“We’re introducing new ad policies that ban ads for fasting apps and weight loss supplements, and increase restrictions on ads that promote a harmful or negative body image,” the company’s Safety Policy Manager, Tara Wadhwa, wrote in a blog post.
“These types of ads do not support the positive, inclusive, and safe experience we strive for on TikTok.”
Wadhwa said the app recognizes the role the internet plays in exacerbating weight stigma and body shaming and wants to do more to make TikTok a safe and comfortable environment for its users.
As far as what those new policies will be, TikTok said:
- Advertisements for weight-management products can now only reach users ages 18 and up.
- Stronger restrictions will be placed on weight loss and implied weight-loss claims.
- Further restrictions will be introduced to limit irresponsible claims made by products that promote weight loss management or control.
- Ads promoting weight loss and weight management products or services cannot promote a negative body image or negative relationship with food.
Concerns for Young Users
Those are some pretty important changes that address ads that have recently become common on the app. Over the last few months, TikTok users have complained about being served ads for products like intermitted fasting apps. That sparked a ton of concerns, especially since TikTok has such a young user base.
According to internal company documents viewed by The New York Times, in July, TikTok classified more than a third of its 49 million daily users in the United States as being 14 years old or younger.
But that’s not all the app is doing to support inclusion and body positivity.
TikTok has also partnered with the National Eating Disorder Association (NEDA) to connect its users with resources directly on the app.
“We’ll soon begin redirecting searches and hashtags – for terms provided to us by NEDA, or associated with unsafe content we’ve removed from our platform – to the NEDA Helpline, where NEDA can then provide our community with confidential support, tools, and resources,” TikTok explained.
On top of that, the app is also supporting Weight Stigma Awareness Week, which runs from September 28-October 2.
During that time, it will have a dedicated page on it’s discover tab to support NEDA’s #EndWeightHateCampaign in an effort to educate the community about the topic, why it matters, and how users can find support for themselves or others.
In its announcement, TikTok also reminded users that they can always use its existing features to block content, users, and comments that they find disturbing, and report ads that violate its policies.
While some would like to see TikTok do more to combat diet culture on its platform, the move has generally been met with praise, and it puts the app closer in line with policies platforms like Instagram have enacted.
Last year, Instagram started restricting users under the age of 18 from viewing ads promoting weight loss and cosmetic procedures. It also barred posts that make “miraculous” claims about weight loss while also including coupon codes or other commercial elements. Those changes were meant to target products people like the Kardashians and others promoted: flat tummy teas, appetite suppressant lollipops, and other items of that nature.
Ultimately, it seems like TikTok is listening to its users by creating these new policies.
“Though there’s always more work we can do in this critical area, we think these are steps in the right direction,” it said in its blog post. “We continue to look for new ways to support our community and foster a positive environment for everyone on TikTok.”
Charli D’Amelio’s Dunkin’ Partnership Proves Successful
- TikTok’s most-followed creator, Charli D’Amelio, partnered with the coffee chain Dunkin’ to add her go-to order to its menu for a limited time.
- A Dunkin’ official told TMZ that the chain sold hundreds of thousands of her signature drink, “The Charli,” within the first five days of launching. It also set a record for daily users on the Dunkin’ app the first day of the launch after seeing a 57% increase in app downloads.
- Dunkin’ even saw a 20% sales boost for all cold brews that day as well as a 45% surge the following day.
- This collaboration, along with musician Travis Scott’s partnership with McDonald’s, has many interested to see if and how more chains will use big names as marketing tools in the future.
Officials at Dunkin’ have finally given some insight into just how powerful its partnership with 16-year-old Charli D’Amelio has been for the coffee chain.
D’Amelio, of course, is TikTok’s most famous personality, and she recently teamed up with Dunkin’ to get her go-to coffee order on its menu for a limited time. The drink is called “The Charli,” a cold brew with whole milk and three pumps of caramel swirl.
It officially debuted in stores on Sept. 2. As part of the partnership, she also launched a contest with the chain. For that, the company invited her fans to post a picture on Instagram, recreating a memorable moment of Charli and her Dunkin’ drink using the hashtag #CharliXDunkinContest. Then, on Sept. 19, National Dance Day, five lucky winners were selected to join a virtual hang out with Charli.
View this post on Instagram
📣 Calling all Charli D’Amelio x Dunkin’ fans 📣 Want the chance to win a virtual call with the queen of cold brew herself – @charlidamelio? Keep reading… 👀 We’re giving five lucky winners the chance to win a virtual cold brew date with Charli D’Amelio. 🧡 ✨HOW IT WORKS✨ 1️⃣ Post a photo of yourself recreating an iconic Charli x Dunkin’ moment on Instagram 2️⃣ Use hashtag #CharliXDunkinContest and tag us @dunkin . *NO PURCH NEC. Open to 50 US/DC, 13+ (with parental permission if a minor). Ends 9/14/20 Rules: www.DunkinContest.com
It was probably fair to assume that the drink would be a success given Charli’s massive following and influence these days. She’s currently sitting at 88.4 million followers on TikTok alone. and the drink has been spotted all over the app, with fans, friends, and influencers trying it out themselves.
However, Drayton Martin, vice president of brand stewardship at Dunkin’, just confirmed to TMZ that the chain sold hundreds of thousands of the signature drink within the first five days of launch. Dunkin’ also set a record for daily users on its app the day her drink debuted after seeing a 57% increase in app downloads.
Apparently it wasn’t just “The Charli” that saw success. Dunkin’ also saw a 20% sales boost for all cold brews the first day as well as a 45% surge the next day.
Travis Scott’s McDonald’s Deal
These numbers are especially interesting to look at when acknowledging how lucrative Travis Scott’s limited edition collab with McDonald’s has proved to be. His partnership was for a $6 combo that included a Quarter Pounder with bacon and lettuce, fries, BBQ sauce, and a Sprite.
That launched on Sept. 9, and he also sold some exclusive Mcdonald’s themed merch on his website at the time.
Within days of the launch, several McDonald’s locations reported running out of ingredients to make the meals. In a memo sent to employees, McDonald’s said: “We’ve created a program that’s so compelling to our customers that it’s stretching our world-class supply chain; and if demand continues at these levels, more restaurants will break supply.”
Tons of people have been trying to get their hands on this meal. In fact, it even became a trend on TikTok to order it using a range of phrases. According to USA Today, McDonald’s even noted some of the various ways customers have been ordering the meal in their memo to employees. Some were part of marketing and social media materials for it, like the phrase “Say Cactus Jack sent me.”
Other variations include “It’s lit, sick mode,” “The Fornite guy burger,” or “You know why I’m here” which is often followed by customers playing Travis Scott’s “Sicko Mode.”
Eventually, McDonald’s said the promotion will continue through Oct. 4 as scheduled. However, starting Sept. 22, customers who want the meal have to order it through the McDonald’s app. So maybe that will intentionally slow sales, or perhaps downloads for that app soar as it did for Dunkin’ with D’Amelio’s help.
Ultimately, both collaborations have shown just how influential big names can be in the fast food and drink world. It’ll be interesting to see if and how chains will continue to use people with massive followings as advertising tools in the future.