- 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)
Kim Kardashian to Pay $1.26 Million to SEC Over Unlawful Crypto Promotion
According to the agency, stars and influencers must disclose how much money they earned for crypto advertising.
Kardashian Pays Up
The U.S. Securities and Exchange Commission announced Monday that it has charged reality TV star Kim Kardashian for “unlawfully touting crypto security.”
Kardashian has agreed to pay $1.26 million in penalties, disgorgement, and interest while cooperating with the SEC’s investigation. The media mogul did not admit to or deny the SEC’s findings as part of the settlement, but she did agree to not promote crypto assets for three years.
According to a statement from the SEC, federal regulators found that Kardashian “failed to disclose that she was paid $250,000 to publish a post on her Instagram account about EMAX tokens.”
“This case is a reminder that, when celebrities or influencers endorse investment opportunities, including crypto asset securities, it doesn’t mean that those investment products are right for all investors,” SEC Chair Gary Gensler said in a statement.
The investigation stemmed from a post that Kardashian made on her Instagram story in the summer of 2021 promoting EthereumMax. In it, she asked her 330 million followers if they were interested in cryptocurrency while giving information about the coin. The post included a swipe-up link for users to get more information and potentially invest in it themselves.
While Kardashian did include a hashtag denoting the post as an ad, the SEC said that did not go far enough. In the group’s statement, Gurbir S. Grewal, the Director of the SEC’s Division of Enforcement, explained that anyone advertising crypto assets “must disclose the nature, source, and amount of compensation they received in exchange for the promotion.”
A “Reminder” For Crypto Promoters
As a result, the billionaire businesswoman is paying a $1 million penalty fee. On top of that, she has to pay $260,000 in disgorgement, accounting for the payment she received from Ethereum Max and interest.
Kardashian’s lawyer released a statement saying the star has “fully cooperated with the SEC from the very beginning.”
“She remains willing to do whatever she can to assist the SEC in this matter,” the statement continued. “She wanted to get this matter behind her to avoid a protracted dispute. The agreement she reached with the SEC allows her to do that so that she can move forward with her many different business pursuits.”
This is not the first time Kardashian’s EMAX post landed her in hot water. A U.K. watchdog previously condemned her for shilling the coin, and she was sued earlier this year over allegations that she artificially inflated the coin’s value.
Gensler said that he hopes the charges from the SEC will serve as “a reminder to celebrities and others that the law requires them to disclose to the public when and how much they are paid to promote investing in securities.”
Misinformation Makes Up 20% of Top Search Results For Current Events on TikTok, New Research Finds
According to the report, the app “is consistently feeding millions of young users health misinformation, including some claims that could be dangerous to users’ health.”
Misinformation Thrives on TikTok
As TikTok becomes Gen Z’s favorite search engine, new research by journalism and tech group NewsGuard found that the video app frequently suggests misinformation to users searching for news-related topics.
NewsGuard used TikTok’s search bar to look up trending news subjects like the 2020 election, COVID-19, the invasion of Ukraine, the upcoming midterms, abortion, school shootings, and more. It analyzed 540 videos based on the top 20 results from 27 subject searches, finding false or misleading claims in 105 of those posts.
In other words, roughly 20% of the results contained misinformation.
Some of NewsGuard’s searches contained neutral phrases and words like “2022 election” or “mRNA vaccine,” while others were loaded with more controversial language like “January 6 FBI” or “Uvalde TX conspiracy.” In many cases, those controversial phrases were suggested by TikTok’s own search bar.
The researchers noted that, for example, during a search on climate change, “climate change debunked” showed up. While looking up COVID-19 vaccines, searches for “covid vaccine injury” or “covid vaccine exposed” were recommended.
Dangerous Results Regarding Health and More
The consequences of some of the false claims made in these videos can be severe. NewsGuard wrote in its report that the search engine “is consistently feeding millions of young users health misinformation, including some claims that could be dangerous to users’ health.”
Among the hoards of hazardous health claims were videos falsely suggesting that COVID-19 vaccines are toxic and cause permanent damage to organs. The report found that there are still several videos touting the anti-parasite hydroxychloroquine as a cure-all remedy, not just for COVID, but for any illness.
Searches regarding herbal abortions were particularly troublesome. While certain phrases like “mugwort abortion” were blocked, the researchers found several ways around this that lead to multiple videos touting debunked DIY abortion remedies that are not only proven to be ineffective, but can also pose serious health risks.
NewsGuard claimed that the social media app vowed to remove this content in July, but “two months later, herbal abortion content continues to be easily accessible on the platform.”
Other standard forms of conspiracy fodder also occupied space in top search results, including claims that the Uvalde school shooting was planned and that the 2020 presidential election was stolen.
TikTok’s Search Engine Vs. Google
As part of its research, NewsGuard compared TikTok’s search results and suggestions with Google and found that, by comparison, the latter “provided higher-quality and less-polarizing results, with far less misinformation.”
“For example, searching ‘covid vaccine’ on Google prompted ‘walk-in covid vaccine,’ ‘which covid vaccine is best,’ and ‘types of covid vaccines,’” NewsGuard wrote. “None of these terms was suggested by TikTok.”
This is significant because recent reports show that young Internet users have increasingly turned to TikTok as a search engine over Google. While this might elicit safe results for pasta recipes and DIY tutorials, for people searching for current affairs, there could be significant consequences.
NewsGuard said that it flagged six videos containing misinformation to TikTok, and the social media app ended up taking those posts down. In a statement to Mashable, the company pledged to fight against misinformation on its platform.
“Our Community Guidelines make clear that we do not allow harmful misinformation, including medical misinformation, and we will remove it from the platform,” the statement said. “We partner with credible voices to elevate authoritative content on topics related to public health, and partner with independent fact-checkers who help us to assess the accuracy of content.”
Over 70 TikTok Creators Boycott Amazon as Workers Protest Conditions and Pay
As the company fends off pressure on both fronts, the Amazon Labor Union continues to back election petitions around the country including one filed Tuesday in upstate New York.
Gen Z Goes to War With Amazon
More than 70 big TikTok creators have pledged not to work with Amazon until it gives in to union workers’ demands, including calls for higher pay, safer working conditions, and increased paid time off.
Twenty-year-old TikToker Elise Joshi, who serves as deputy executive director for the advocacy group organizing the boycott, Gen Z for Change, posted an open letter on Twitter Tuesday.
“Dear Amazon.com,” it reads, “We are a coalition of over 70 TikTok creators with a combined following of 51 million people. Today, August 16th, 2022, we are joining together in solidarity with Amazon workers and union organizers through our People Over Prime Pledge.”
Amazon has refused to recognize the Amazon Labor Union (ALU) since workers voted to unionize at a Staten Island warehouse in April, and it has resisted collective bargaining negotiations.
Although the ALU is not involved in the boycott, its co-founder and interim President Chris Smalls expressed support for it in a statement to The Washington Post, saying, “It’s a good fight to take on because Amazon definitely is afraid of how we used TikTok during our campaigns.”
While the ALU posts videos on TikTok to drum up popular support for the labor movement, Amazon has sought to win large influencers over to its side. In 2017, it launched the Amazon Influencer Program, which offered influencers the opportunity to earn revenue by recommending products in personalized Amazon storefronts.
Last May, the company flew over a dozen Instagram, YouTube, and TikTok stars to a luxurious resort in Mexico.
Emily Rayna Shaw, a TikTok creator with 5.4 million followers who has partnered with Amazon in the past, is participating in the boycott.
“I think their method of offering influencers life-changing payouts to make them feel as if they need to work with them while also refusing to pay their workers behind the scenes is extremely wrong,” she told The Post.
“As an influencer, it’s important to choose the right companies to work with,” said Jackie James, a 19-year-old TikTok creator with 3.4 million followers, who told the outlet she will cease doing deals with Amazon until it changes its ways.
The ALU is demanding that Amazon bump its minimum wage to $30 per hour and stop its union-busting activities.
Slogging Through the ‘Suffocating’ Heat
Amazon is also facing challenges from workers themselves, with some walking out this week at its largest air hub in California, where company-branded planes transport packages to warehouses across the country.
They are asking for the base pay rate to be raised from $17 per hour to $22 per hour.
A group organizing the work stoppage under the name Inland Empire Amazon Workers United said in a statement that over 150 workers participated, but Amazon countered that the true number was only 74.
The Warehouse Worker Resource Center counted 900 workers who signed a petition demanding pay raises.
Inland Empire Amazon Workers United has complained about the “suffocating” heat in the facility, saying that temperatures at the San Bernardino airport reached 95 degrees Fahrenheit or higher for 24 days last month.
Amazon spokesperson Paul Flaningan, however, claimed to CNBC that the temperature never surpassed 77 degrees and said the company respects its workers’ right to voice their opinions.
On Tuesday, the ALU backed another warehouse’s decision to file a petition for a union election in upstate New York, roughly 10 miles outside Albany.
The National Labor Relations Board requires signatures from 30% of employees to trigger an election.