Republican state lawmakers are pushing for social media giants to face costly lawsuits for policing content on their websites, taking aim at a federal law that prevents internet companies from being sued for removing posts.
GOP politicians in roughly two dozen states have introduced bills that would allow for civil lawsuits against platforms for what they call the “censorship” of posts. Many protest the deletion of political and religious statements, according to the National Conference of State Legislatures. Democrats, who also have called for greater scrutiny of big tech, are sponsoring the same measures in at least two states.
The federal liability shield has long been a target of former President Donald Trump and other Republicans, whose complaints about Silicon Valley stifling conservative viewpoints were amplified when the companies cracked down on misleading posts about the 2020 election.
Twitter and Facebook, which are often criticized for opaque policing policies, took the additional step of silencing Trump on their platforms after the Jan. 6 insurrection at the U.S. Capitol. Twitter has banned him, while a semi-independent panel is reviewing Facebook’s indefinite suspension of his account and considering whether to reinstate access.
Experts argue the legislative proposals are doomed to fail while the federal law, Section 230 of the Communications Decency Act, is in place. They said state lawmakers are wading into unconstitutional territory by trying to interfere with the editorial policies of private companies.
Len Niehoff, a professor at the University of Michigan Law School, described the idea as a “constitutional non-starter.”
“If an online platform wants to have a policy that it will delete certain kinds of tweets, delete certain kinds of users, forbid certain kinds of content, that is in the exercise of their right as a information distributer,” he said. “And the idea that you would create a cause of action that would allow people to sue when that happens is deeply problematic under the First Amendment.”
The bills vary slightly but many allow for civil lawsuits if a social media user is censored over posts having to do with politics or religion, with some proposals allowing for damages of $75,000 for each blocked post. They would apply to companies with millions of users and carve out exemptions for posts that call for violence, entice criminal acts or other similar conduct.
MPP Hillier twitter account temporarily suspended
The sponsor of Oklahoma’s version, Republican state Sen. Rob Standridge, said social media posts are being unjustly censored and that people should have a way to challenge the platforms’ actions given their powerful place in American discourse. His bill passed committee in late February on a 5-3 vote, with Democrats opposed.
“This just gives citizens recourse,” he said, adding that the companies “can’t abuse that immunity” given to them through federal law.
Part of a broad, 1996 federal law on telecoms, Section 230 generally exempts internet companies from being sued over what users post on their sites. The statute, which was meant to promote growth of the internet, exempts websites from being sued for removing content deemed to be “obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable” as long as the companies are acting in “good faith.”
As the power of social media has grown, so has the prospect of government regulation. Several congressional hearings have been held on content moderation, sometimes with Silicon Valley CEOs called to testify. Republicans, and some Democrats, have argued that the companies should lose their liability shield or that Section 230 should be updated to make the companies meet certain criteria before receiving the legal protection.
Twitter and Facebook also have been hounded over what critics have described as sluggish, after-the-fact account suspensions or post takedowns, with liberals complaining they have given too much latitude to conservatives and hate groups.
Trump railed against Section 230 throughout his term in office, well before Twitter and Facebook blocked his access to their platforms after the assault on the Capitol. Last May, he signed a largely symbolic executive order that directed the executive branch to ask independent rule-making agencies whether new regulations could be placed on the companies.
“All of these tech monopolies are going to abuse their power and interfere in our elections, and it has to be stopped,” he told supporters at the Capitol hours before the riot.
Antigone Davis, global head of safety for Facebook, said these kinds of proposals would make it harder for the site to remove posts involving hate speech, sexualized photos of minors and other harmful content.
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“We will continue advocating for updated rules for the internet, including reforms to federal law that protect free expression while allowing platforms like ours to remove content that threatens the safety and security of people across the United States,” she said.
In a statement, Twitter said: “We enforce the Twitter rules judiciously and impartially for everyone on our service – regardless of ideology or political affiliation – and our policies help us to protect the diversity and health of the public conversation.”
Researchers have not found widespread evidence that social media companies are biased against conservative news, posts or materials.
In a February report, New York University’s Stern Center for Business and Human Rights called the accusations political disinformation spread by Republicans. The report recommended that social media sites give clear reasoning when they take action against material on their platforms.
“Greater transparency — such as that which Twitter and Facebook offered when they took action against President Trump in January — would help to defuse claims of political bias, while clarifying the boundaries of acceptable user conduct,” the report read.
While the federal law is in place, the state proposals mostly amount to political posturing, said Darrell West, vice president of governance studies at the Brookings Institution, a public policy group.
“This is red meat for the base. It’s a way to show conservatives they don’t like being pushed around,” he said. “They’ve seen Trump get kicked off Facebook and Twitter, and so this is a way to tell Republican voters this is unfair and Republicans are fighting for them.”
Izaguirre reported from Lindenhurst, New York
© 2021 The Canadian Press
Are You Missing Life’s Moments Because of Social Media?
Recently my wife and I watched the movie Before Sunrise , starring Ethan Hawke as Jesse and Julie Delpy as Celine. While travelling on a Eurail train from Budapest, Jesse, an American, sees Celine, who’s French. It’s Jesse’s last day in Europe before returning to the US. Jesse strikes up a conversation with Celine, and they disembark in Vienna to spend the night wandering Austria’s capital city.
Summary: Before Sunrise is a back-and-forth conversation between a romantic [Celine] and a cynic [Jesse].
During the closing credits, I turned to my wife and said, “That wouldn’t have happened today. Jessie and Celine would have been staring at their respective smartphone throughout the train ride, which in 2021 would have free Wi-Fi, not noticing the passing scenery, their fellow passengers or each other, let alone start a conservation.”
How much of real life are we trading to participate in the digital world?
I have this problem; actually, it’s more of an addiction I need to keep in check constantly. I suffer from FOMO [Fear of Missing Out].
You’ve probably heard of FOMO. Odds are you suffer from it to a degree. FOMO is that uneasy feeling you get when you feel other people might be having a good time without you, or worst, living a better life than you. FOMO is why social media participation is as high as it is. FOMO is why you perpetually refresh your social media feeds, so you don’t feel left out—so that you can compare your life. FOMO is what makes social media the dopamine machine it is.
FOMO has become an issue, especially for those under 40. More and more people choose to scroll mindlessly through their social media feeds regardless of whether they’re commuting on public transit, having dinner in a restaurant, or at a sports event. Saying “yes” to the digital world and “no” to real life is now common.
Your soulmate could be sitting a few seats over on the bus (or Eurail train), or at the diner counter, or in the doctor’s waiting room. However, you’re checking your social media to see if Bob’s vacationing in Aruba with Scarlett or if Farid got the new job and may now be making more money than you. Likely, your potential soulmate is probably doing the same.
Look around. Everyone is looking down at the screen in their hand, not up at each other.
We all know Facebook, Instagram, Twitter, Snapchat, et al. [even LinkedIn] doesn’t provide a very well-rounded picture of people’s lives. Most of what people post is cherry-picked to elicit self-affirming responses, such as likes, thumbs-up and hand-clapping emojis, retweets, shares, and those coveted comments of “Congratulations!”, “Way to go!”, “You’re awesome!”, “Looking good!”
The Internet, especially its social media aspect, equates to “Look at me!”
Sometimes I wonder, if bragging and showing off were banned on social media sites, how much would posts decrease?
“Stop paying so much attention to how others around you are doing” was easy advice to follow pre-Internet (the late 90s). Back in the day, it would be only through the grapevine you were a part of that you found out if Bob was in Aruba with Scarlett and that be without pictures. Evidence of how others are doing, strangers included, is pervasive because undeniably, most of us care about status. In 2021 how people are doing is in the palm of our hands, so we tend to give more time to the device we’re holding at the cost of neglecting the real-life happenings within our immediate surroundings.
Social media has made us a restless, anxious bunch underappreciating the present moment. With lockdown restrictions lifting and more social activities taking place, people will be hunkering down on their smartphones more than before to see what others are doing. They’ll see the BBQ they weren’t invited to or people they consider to be friends having a few laughs on the local pub’s patio or camping or at the beach without them. Loneliness, questioning self-worth, depression will be the result.
Trading engaging with those around you to feed your FOMO angst is what we’ve come down to. In my opinion, Guildwood is the GTA’s most walkable neighbourhood. You can choose to take walks around Guildwood, getting exercise, meeting people or stay addicted to the FOMO distress social media is causing you.
Instead of catching up with an old friend or colleague in person over lunch, coffee, or a walk in Guild Park & Gardens, people prefer to text or message each other on social media platforms eliminating face-to-face interactions. Instead of trying to reconnect with old friends verbally, people would rather sit at home with their technology devices and learn what their friends are up to through social media platforms, thus the start of a slippery slope towards anti-social behaviour.
Social media’s irony is it has made us much less social. How Jesse and Celine meet [you’ll have to see the movie] and the resulting in-depth conversation they have as they gradually open up to each other, thus beginning a postmodern romance wouldn’t have happened today. They’d be too preoccupied with their smartphones feeding their FOMO addiction to notice each other.
Social media will always nudge you to give it attention, but that doesn’t mean you have to oblige. Take it from me; there’s more to be had in enjoying life’s moments outside of social media.
Nick Kossovan is the Customer Service Professionals Network’s Director of Social Media (Executive Board Member). You can reach Nick at firstname.lastname@example.org and him on Instagram and Twitter @NKossovan.
Jennifer Lopez and Ben Affleck pictured kissing as ‘Bennifer’ returns
Jennifer Lopez and Ben Affleck have been pictured exchanging passionate kisses, apparently confirming weeks of fevered rumors that they have rekindled a romance that dominated celebrity media almost 20 years ago.
Paparazzi photos printed in the New York Post on Monday showed the two actors kissing while enjoying a meal with members of Lopez’s family at Malibu’s posh Nobu sushi restaurant west of Los Angeles on Sunday.
Representatives for Lopez, 51, declined to comment on Monday, while Affleck’s publicists did not return a request for comment.
Lopez and “Argo” director Affleck, dubbed “Bennifer,” became the most talked about couple in the celebrity world in the early 2000s in a romance marked by his-and-her luxury cars and a large 6.1-carat pink diamond engagement ring. They abruptly called off their wedding in 2003 and split up a few months later.
The pair have been pictured together several times in Los Angels and Miami in recent weeks, after Lopez and her former baseball player fiance Alex Rodriguez called off their engagement in mid-April after four years together. Monday’s photos were the first in which Lopez and Affleck were seen kissing this time around.
Celebrity outlet E! News quoted an unidentified source last week as saying Lopez was planning to move from Miami to Los Angeles to spend more time with Affleck, 48, and was looking for schools for her 13-year-old twins Max and Emme.
Max and Emme, along with the singer’s sister Lydia, were also photographed walking into the restaurant in Malibu on Sunday.
Lopez married Latin singer Marc Anthony, her third husband, just five months after her 2004 split with Affleck. Affleck went on to marry, and later was divorced from, actress Jennifer Garner.
(Reporting by Jill Serjeant; editing by Jonathan Oatis)
TikTok debuts new voice after Canadian actor sues
After noticing a new female voice narrating the videos on , users of TikTok were baffled as to why. It actually turns out that the Canadian actress behind the old voice filed a lawsuit against the platform for copyright violation as her voice was apparently being used without her permission.
Bev Standing, , is taking China-based ByteDance to court. TikTok’s parent company has since replaced her voice with a new one, with Standing reportedly finding out over email after a tip-off from a journalist. On the matter, Standing said: “They replaced me with another voice. I am so overwhelmed by this whole thing. I’m stumbling for words because I just don’t know what to say.”
TikTok is said to be considering a settlement for Standing outside of the courts, but nobody knows whether or not this is true. According to legal experts, the fact TikTok now has a new voice on the popular social media app suggests they acknowledge Standing’s case and potentially understand that she may have suffered as a result of the company’s actions.
Thanks to the emergence of the powerful smartphone devices of today, alongside taking high-quality images for Instagram, getting lost down YouTube wormholes, and , people are turning to relatively new platforms like TikTok. The service has 689 million monthly active users worldwide and is one of the most downloaded apps in Apple’s iOS App Store. This latest news could harm the platforms future, although many of its younger users potentially aren’t aware that this type of scenario is unfolding.
For Bev Standing, the ordeal is a testing one. She wasn’t informed of the voice change, there is no mention of it in TikTok’s newsroom online, and the development is news to her lawyer also.
This all comes after her case was filed in a New York State court in early May after the voice actor noticed a computer-generated version of her voice had been seen and listened to around the world since 2020. Speculation is rife as to how TikTok managed to obtain the recordings but Standing believes the company acquired them from a project she took part in for the Chinese government in 2018.
The Institute of Acoustics in China reportedly promised her that all of the material she would be recording would be used solely for translation, but they eventually fell into the hands of TikTok and have since been altered and then exposed to a global audience.
According to Pina D’Agostino, an associate professor with Osgoode Hall Law School at York University and an expert in copyright law, the fact that the hugely popular social media platform has now changed Standing’s voice could result in a positive outcome for the distraught voice actor. She said: “It’s a positive step in the way that they are mitigating their damages. And when you’re mitigating, you’re acknowledging that we did something wrong, and you’re trying to make things better.”
When assessing social media etiquette and how both companies and users should act, this type of news can only do more harm than good. Not only does it make the company look bad, but it could have an effect on revenues and, ultimately, TikTok’s reputation.
With a clear desire to move on and put this whole process behind her, Bev Standing is eager for the case to be resolved and get back to the daily work she loves and has been doing for a large part of her life. TikTok has until July 7 to respond to her claim.
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