UK ditches ban on 'legal but harmful' online content
reuters.com
reuters.com
I thought it would the the UK with the way they have literally arrested people for tweets... but then I saw the insane and petty corruption taking place in Aus and a journalist getting their house firebombed.
It seems like one should either take free speech absolutist approach and say speech should never be illegal, or accept that some speech is illegal which would obviously mean that it's illegal even on Twitter. But you're not the first person I've seen who seemingly find it extra ridiculous to react to something someone tweeted, as if publishing a tweet or a series of tweets is not an act of speech, and I don't understand it.
As it is, we can't judge for ourselves whether the arrest is warranted or not, which is kind of a big deal when the arrest is used by robswc to illustrate how the UK is approaching authoritarianism.
> the only good Brit soldier is a deed one, burn auld fella, buuuuurn
in relation to Tom Moore’s death. He deleted the tweet after 20 minutes. He was convicted of grossly offensive communications under the Communications Act, and was sentenced to 18 month’s probation and 150 hours of unpaid work.
If people don't want to support their country's military and servicemen, that should be their business; it's a legitimate political position to take. Not least because all British soldiers are volunteers, and most of what British soldiers have been doing for the past generation is tagging along with American imperial military adventurism.
When the reasons are "being critical of the monarchy" or "causing anxiety" I think "for a tweet" can only make things look less ridiculous, lol.
Fundamentally, all speech should be legal, barring very special circumstances. That's freedom of expression.
This is not unheard of in the US either. So what is the distinction being made here?
And for the record the UK and Australia are generally higher up on the various freedom lists that rank countries. I don't know that there is much of an argument that their stricter speech restrictions have them any closer to authoritarianism than the various problems in the US have us.
Do you have a source for the ones you are referencing?
I looked a few and they track things like "whether both men and women feel comfortable expressing themselves in public"
https://worldpopulationreview.com/country-rankings/countries...
And very few seem to give proper weight to objective measurements like laws and actual consequences of speech.
Funny enough, downloading an actual report (https://www.cato.org/human-freedom-index/2021), the UK scores almost perfect (9.8) on "Freedom of internet Expression." The country where you can quite literally be arrested for making an offensive tweet (not a threat), scores just shy of 10/10 on internet freedom? Are the arrests the reason for losing 0.2? I would _love_ to see the methodology behind that score.
Germany, the country where you can have your house literally raided over calling a politician a "dick", scores 9.36 "Internet Expression." 9's are some of the highest scores you can get.
https://www.washingtonpost.com/world/2021/09/09/pimmelgate-g...
The institutions that put these together have 0 skin in the game. I have tried to find how they create their "indicators" but haven't found anything. I honestly just cannot take these reports seriously unless someone has an answer for how countries that can arrest citizens over offensive tweets could score so high on this particular metric.
I would assume this means the experts have concluded that the right to be rude to a politician on Twitter is not a particularly important right and its removal doesn't have much impact on the overall freedom of that society. That seems more likely than a diverse group of think tanks, academic institutions, journalistic outlets, and NGOs have all either joined a conspiracy or randomly acted in concert to misrepresent the relative freedom of the US in comparison to our peers.
All of the ones I have looked through have that. Every single one.
We're looking at just one metric though. Freedom to express ideas on the internet. Countries where you can get arrested for "offensive" tweets or get your house raided for calling a politician a dick score a few 0.1s away from the maximum of 10. We don't know how, because AFAIK, they do not go into specifics about why they give the UK/Germany a 9.x/10 on "Internet Freedom."
>I would assume this means the experts have concluded that the right to be rude to a politician on Twitter is not a particularly important right
Then I, along with most people, would conclude that their metric (and possibly by extension, their entire index) is useless. Not having your house raided for calling a politician a dick is exactly what most people would consider a particularly important "right."
Sounds like you're inciting a call to violent action.
I take it you favor a more passive approach.
>Your comment, in the context of this conversation, argues in favour of arresting anyone who points out that a genocide is taking place. That is extremely dangerous.
This is exactly what my comment was arguing. I wrote that comment not as a reflection of my personal views, but to highlight the consequences of prosecuting individuals for statements which aren't direct threats.
I don't believe arresting and prosecuting individuals for making such statements is justified. I agree that the context of this conversation argues in favor of arresting anyone who points out that genocide is taking place, and I agree that accepting it as a precedent is extremely dangerous. You've elucidated my reasoning on the subject perfectly.
The US is guilty of both those things (and more) when it comes to our treatment of trans people. However, trans people clearly aren't a singular racial, religious, ethnic, or national group. That means they can't technically be the victims of a genocide according to that UN definition, but that is an awfully uncomfortable technically we need to not be guilty of genocide.
And, once we know what was actually being claimed, then we can debate whether it meets the definition of genocide.
I really hate vague-posting like kelseyfrog's post. Don't hint. If you have a claim to make, make it. (Just to be clear, this last paragraph is not aimed at the parent.)
One of the reasons people are vague on HN about these issues is because a simple "The US is committing genocide against trans people" comment is more likely to be downvoted and flagged as being political. We often can only talk about these things here by hinting at them. Ironic considering how pro free speech this community claims to be.
Yes, trans people get beaten to death in numbers that are appallingly high. That's a tragedy and a disgrace on our society. Does it rise to the level of genocide? Blacks get shot in numbers that are appallingly high, too. Is that a genocide?
Preventing medical care? Are trans people being denied medical care for, say, cancer or heart disease? Or are they only being denied medical care for transitioning? Or are they only being denied medical care at public expense for transitioning?
If trans people are being denied medical care for regular medical issues, in large numbers, yes, I could call that genocide. If they're being denied care at public expense for transitioning, no, I probably would not call that genocide.
The problem with lowering the bar to calling things genocide in order to highlight a particular issue is that it lowers the bar for everybody else, too. And if everything's a genocide, then nothing is.
The problem with just hinting at things is it leaves the rest of us unclear on what, exactly, is being claimed. One of the things that most people on HN ought to agree on is that the details matter. If you're making vague claims, all we can do is talk in platitudes, which is unlikely to be effective.
I mean, you can trace a direct line from the current moral panic about "groomers" through QAnon to Pizzagate, and it goes through one specific political party, and you can trace another line from police brutality against black people to Jim Crow and segregation to slave-catchers. The systemic links are there.
The only things people are calling genocides are things that look disturbingly like genocides. No one is arguing everything is a genocide.
The two examples I mentioned were actions by the state. How is that not systemic?
(Yes, "all" isn't actually necessary. Some large fraction, though. You can't have a genocide by killing 1% of the people. That's an atrocity, but it's not a genocide.)
The UN definition specifically calls out that it doesn't have to be directed at the entire population. It also doesn't make any effort to define any "large fraction" that needs to be met before the definition can be applied. A culling of a percentage of specific population would likely still qualify, but the specifics of these things always varies depending on the context of the specific example being judged. However, it is clear that the UN definition primarily hinges on how people are targeted and the actions that are taken, not the scope.
I don't know if this is the right place to share a feeling, but I'm going to try to express it anyway.
I'm not sure whether you're right about this or not, but I think you might be, and it makes me sad almost more than you could believe. It genuinely depresses me.
The claim seems to be nothing short of saying that at the end of the day, all human intelligence sums to a net negative, at least in this area. That we're not collectively capable of rational discourse. That ultimately, we're so blinded by hate for the Other that debating our differences might actually lead to worse outcomes than if we just pulled guns to solve our problems. We're all ultimately just stumbling around in the dark. Maybe, one day, the light of humanity is doomed to go out.
I suspect that one reason liberals, rationalists, civil libertarians, and their allies are so insistent on free speech and an open public square is that they can't really bring themselves to take this possibility seriously. Or, to the extent they do, they think we have to ignore the possibility, because in the event this turns out to be true, who cares about humanity anyway?
Maybe the American attitude toward free speech is just a reflection of optimism about human nature?
Attempting to control second-order factors that may influence behaviour is a very short road to tyranny. How do we decide which factors to control for? Who gets to make this decision? How do we know in retrospect that such a decision was mistaken? The only justice lies in conviction beyond a reasonable doubt by a jury of one's peers.
Also, how "slow burning" does a "genocide" have to be before it's indistinguishable from a normal process of cultural shift and assimilation? (honest question)
> Attempting to control second-order factors that may influence behaviour is a very short road to tyranny. How do we decide which factors to control for? Who gets to make this decision? How do we know in retrospect that such a decision was mistaken? The only justice lies in conviction beyond a reasonable doubt by a jury of one's peers.
It is very hard to read this as not sealioning. Is there a way you could rephrase it so that it doesn't come across that way?
It's an inevitable consequence of power (read: to do harm) being distributed rather than concentrated. With distributed power you're at the mercy of group dynamics and trends. However the risks of concentrated power have borne out to be much more severe.
> rephrase it so that it doesn't come across [as sealioning]
I'm genuinely mystified as to what distinguishes "well-intentioned" use of authority to control people from what we see as obviously tyrannical. What principle would you use to distinguish between the kind of control over speech exercised by the UK and what is commonplace in China? Or are you willing to concede that these are different degrees of the same thing? I'm simply arguing that this "thing" (the use of authority to limit speech) should be avoided at all costs in a free society.
Again, please refrain from sealioning. Simply rephrasing your arguments in ways that don't appear indistinguishable from it. If you keep doing it, I will have to assume you're doing it on purpose an in bad faith. It's not a good debate tactic in a conversation about "rational debate" and its effects on violence. Sealioning is exactly one of the tactics used in the topic we're discussing. You must appreciate the irony.
In addition to all of this, we have to agree that "reduction of harm" is a valid guiding principle to hold above all others. This is fundamentally consequentialist (and valid as such). My thesis though is that "freedom" itself has deontological value, even if it causes harm. Deontologists and consequentialists have a notoriously hard time seeing eye to eye.
I'm not at all trying to derail the conversation, but it just doesn't seem all that clear-cut to me.
I'm so sorry that you came up with the idea that I need to have a test and then continue to ask me what it would be. I hope you can simply lay this to rest. The longer you insist that you're asking questions under the pretense of rational debate, the more and more it looks like it's definitionally sealioning.
The parent reply that started this discussion says they believe it is wrong to suppress speech that is not a call to violence. You responded saying that this logic doesn't work if speech that is non-violent can still lead to violence, with the insinuation being that you are okay banning speech that falls into this category of "not violent, but leads to violence." Which is a perfectly valid point, and I believe a strong argument!
thegrimmest has then attempted to point out that it can be extremely difficult to pinpoint what speech falls into this category, and stated that these sorts of bans can be inappropriately used as tools of oppression by authoritarian governments. He asks how you feel this sort of ban could be properly implemented, given these potential problems. This is a very on-topic response; you appear to be proposing that the government expand its abilities to censor speech, and thegrimmest is asking how we could ensure the government doesn't abuse this power if it is implemented. Given the current state of the world, and the authoritarian trends rearing their head in dozens of countries, this criticism is valid, on-topic, and very far from sealioning.
Rather than try to address his concerns by proposing ways this sort of ban could be thoughtfully and morally implemented, you immediately chose to accuse him of sealioning, which is a form of trolling and a pretty serious accusation. He gamely attempted to appease you by rephrasing his wording, only for you to become snarky, smug, and accuse him of repeatedly pestering you with questions--when you had directly asked him multiple times to please rephrase his questions!
As someone who has experienced sealioning, and finds it quite infuriating, I am genuinely baffled how you can see this interaction as thegrimmest sealioning. I think you may need to take a moment to re-read the HackerNews code of conduct and remember that engaging in good faith is a must.
If you don't wish to engage with thegrimmest's criticisms, that is 100% okay. You can always say, "I support banning speech in this category, and I'm not interested in discussing the possible ways a government could abuse this power." But you cannot pretend that thegrimmest is somehow morally at fault for wishing to discuss government abuse, because presenting these sorts of on-topic and civil criticisms is exactly what these forums are for.
You're a very intelligent person, and I think you raise some great points. I almost always enjoy reading your comments and listening to your insights. But they get lost when you engage like this. I see from your previous comments that this isn't the first time this has happened; other commenters have complained of you being rigid and accusatory. It's probably worth taking a step back and examining why this is a recurring theme in your interactions on here.
>I would probably write
suggests that you are not a click bait headline writer.
I don't think I agree. Almost by definition authorianism doesn't acknowledge what people want. A law passed because people want it would be either democratic or populist, depending on whom you ask.
I think that the issue here is that all laws are authoritarian at some level, since the principle of a law is to impose. And indeed most citizens would probably support most laws. That doesn't really make the law "bad" or "good" per se, though.
Imagine you're a gay person, and marrying the person you love is illegal in your country. The authoritarianism of that isn't contingent on whether that law was put into place by a man in a scary suit or your fellow citizens voting.
1. https://www1.cbn.com/cbnnews/world/2022/august/army-vet-alle...
because people say stuff online they would never say in real life. i hope that cleared things up for you
By contrast, if a protestor said that while right outside the President's office, that could be a true threat. The medium and surrounding circumstances matters, not merely what is said.
Anything I hear about what anyone said on twitter immediately has reduced weight in my mind, just because it's twitter.
Love the guy, but it sounds like you're implying this is an example of an attack on independent journalism, and think the government is involved?
Perhaps worth reviewing the reliability /agenda of your news sources?
But my comment was questioning OP's suggestion that the incident was tied to authoritarianism.
But my point all along has been that "youtube personality getting house firebombed" != "ridiculous authoritarianism in Australia".
If you are arguing against this point, I may need you to explain further.
It does raise the question of _who_ would care enough to firebomb his house though...
I mean, just a few months ago a local gov official literally stabbed a reporter to death for a hell of a lot less.
https://cpj.org/2022/09/police-arrest-local-official-suspect...
So... stranger things have happened.
I'm just not quite seeing how it shows authoritarianism if you weren't suggesting government involvement?
Also your original comment sounds like you're saying Aus and UK are worse than the US on this front, but the worst case example you've just provided is from the US.
>Aus and UK are worse than the US on this front
They are. Just look at how people were treated during COVID and how you can literally get arrested for tweeting "offensive content." That wouldn't happen in the US.
And yes, the example shows that it is not above a politician to literally kill a journalist with their own hands because their corruption is being uncovered. I guess in this case, the dude unfortunately succeeded but there's still two attempted murders and arson cases in AUS over a journalist uncovering corruption. Seems much more organized and deeper than a dude singlehandedly breaking into a house to do such things.
As for the firebombing, to me that feels much more like ClubsNSW/Bikey gang related hush tactics.
The whole thing is surreal
Getting pulled through the legal system because you showed a middle finger to someone or because you said that some random war crime was not really that bad is a thing that just should not happen. But it is a thing that happened before.
Protests and speech being regulated has the effect of everyone just trying to not get jailed. Even if there are no big headlines about it. And that damage is arguably worse than media coverage, which pulls attention to the issue.
You can freely criticise all the governments of those countries. You can disagree with them, you can mock them, you can challenge their claims. Nobody in the US has gone to prison for their "alternative facts". Compare this to Russia where discussing the war can land you in prison for 15 years, China with its extreme censorship, and plenty of other countries where criticising powerful people or reporting inconvenient news can get you in all sorts of trouble.
It's true you can't say everything. That's always been true, but in recent centuries and decades it has moved from banning what's inconvenient to the powerful to banning that what hurts the powerless. Libel and slander are illegal, threats are illegal. There's the classic example of yelling "fire!" in a crowded theater. Planning crimes is illegal despite the fact that that's all just speech. But it's all speech that can lead to situations in which innocent people get hurt. Or silenced, or compelled to do things they don't want to do, or otherwise limited in their freedom. And the same is true for hate speech. We've seen what it leads to. It creates a culture where the people being attacked are more likely to get hurt. Words aren't harnless; they're powerful. It's why free speech is important. But it's also why we shouldn't tolerate lies meant to hurt vulnerable people.
The notable corruption we saw recently was Scott Morrison making himself a secret minister of several portfolios, and for these and other sins the electorate severely rebuked his party at recent state and federal elections.
That is what democracy, not authoritarianism, looks like.
The folks you should be suspicious of are those spoonfeeding these garbage takes to the credulous.
This is nonsense, Trump never put a ban on Muslims, from the ACLU (a stronlgy anti-Trump organization) President Donald
> Trump signed an Executive Order that banned foreign nationals from seven predominantly Muslim countries from visiting the country for 90 days, suspended entry to the country of all Syrian refugees indefinitely, and prohibited any other refugees from coming into the country for 120 days.[1]
Banning people from certain countries is a whole different ball game than banning people from a certain religion, further the country with the world's largest Muslim population, Indonesia wasn't even on the list.
Let me ask you how do you feel about the government labeling and suppressing misinformation?
> As the Muslim ban went into effect on Saturday, lawyers from the ACLU-WA and the NW Immigrant Rights Project rushed to SeaTac Airport to help immigrants on incoming flights who were being denied entry to the U.S.
Kind of hard to take this seriously, when your own source contradicts you. As an analogy, conservatives talk about gun bans in California and New York yet bolt action rifles remain legal there. Not every gun is banned, so it's wrong to call it a "gun ban"?
> Let me ask you how do you feel about the government labeling and suppressing misinformation?
They shouldn't and the fact that said governments are democracies doesn't make it any less authoritarian.
Do you have a citation for this? I’m no fan of Trump, but that’s not what I remember.
https://www.washingtonpost.com/news/the-fix/wp/2017/01/28/mi...
https://en.wikipedia.org/wiki/Executive_Order_13769#Trump_ca...
We don't know that one way or another. We just know he has pissed off someone enough to firebomb his house. Unless he's pissing people off in private, the only people he seems to piss off are those that are involved in corruption. The vast majority of times a journalist is murdered or targeted, it is relation to their reporting. But sure, that is all speculation.
What isn't speculation is the wide array of shady actions taken before the firebombing. Also some of the stuff that happened during covid was just insane to see.
Not to take away from your point though. I too feel that our government, both state and federal, goes unchecked. Just that conspiracies about firebombing are hardly evidence. Instead consider the refusal to implement a federal ICAC or the NSW liberals overthrowing their own and cherry picking candidates.
The Australian economy exists as source of raw materials for the world, a laundromat for wealth via gambling, and a ponzi around housing to enrich the ruling class. Any political force that challenges these pillars is not allowed to be.
Didn't this "secret minister" situation only really come to light AFTER the elections?
The Federal government passed a law requiring a backdoor for all encrypted communication in the country and the press was completely silent. We ban drawn Japanese porn for some unknown reason while allowing real porn which unambiguously provides greater risk of harm. Prior to internet distribution of video games, many were simply banned for import on the whims of a parental advisory board. Australia is a nation obsessed with prohibition and there's nothing Australians love more than collective moral outrage followed by a cathartic wholesale ban.
I'm Australian and whenever I see valid criticism of the country on the internet I soon find an upset Australian replying. They never really refute the underlying point, they'll reply with a non-sequitur or talk about how it doesn't affect their lives. The reality is most Australians don't even feel the noose around their neck because they've never stepped out of line in any way. Most protections on liberty are for extreme and unusual circumstances, you don't notice their absence until it's too late. The vast majority of Chinese people trust their government, and believe the various restrictions on speech and liberty are in the best interests of the nation. Their curbs on liberty are too invasive of course, ours are necessary.
Source?
This is why we can't have a reasoned discussion. Use of hyperbole to replace actual good reasons.
"statewide manhunt" is actually more like a missing persons notice.
"sneezing" is actually having COVID.
"in lifts that they were the only one in" is actually leaving mandated quarantine to go spread COVID amongst a non-vaccinated society desperately trying to stop exactly that.
This is a glorified missing person's notice for someone who was being a dick. At the time, not many people were moving about and many had not much to do so yeah, a lot of people may have seen this news item in some form. But it wasn't a statewide manhunt.
EDIT: and instead of reasoned response. A downvote.
https://www.ncsl.org/research/health/state-quarantine-and-is...
Have a look at "freedom-loving" red states like Florida, Texas, Oklahoma, South Dakota, Mississippi, Georgia, Arkansas and Alabama. All seem to be quite "draconian" when it comes to quarantine
That eliminates the US. Maybe there's some other country that doesn't have "draconian" quarantine measures?
What I will remark is that US citizens have certain constitutional protections which we do not that in theory inhibit their government's ability to enact restrictions like these i.e. "freedom of movement".
But having seen what Italy was going through - lockdowns with COVID still spreading and hospitals overloaded with the dying. I didn't want that for us.
The "freedom of COVID movement" people were cursed many times - they kept the lockdown running for longer because they couldn't see beyond themselves. They were the cause of the curfews because they tried to use cover of darkness.
We were not discussing the merits, or lack thereof, of lockdowns. Let's not shift the goalposts. But FYI: Here's a list of lockdowns in response to Covid worldwide, including the US: https://en.wikipedia.org/wiki/COVID-19_lockdowns
But sure. Lets go into this.
Part 1. Authoritarianism.
I don't like it. I do see the Australian government getting worse with it. And there is very little I could do to stop it other than vote right wing nutters out of parliament.
Part 2. heavy handed approach to COVID
I agree with it - even in hindsight. Society had no vaccine. No RAT. Awkward PCR testing process with delays. No real defense. The ONLY thing that we could do was to halt the spread until we could get a vaccine. As demonstrated by "elevator sneeze man", you can't trust the populace at large not to spread it.
And there were fuckups. Apart from "elevator sneeze man", the airport quarantine bungle anyone? These fuckups should be investigated in their own right.
But it largely worked.
https://www.worldometers.info/coronavirus/#countries
USA 100 526 312 cases, 1 105 029 deaths
Australia 10 651 218 cases, 16 119 deaths
Right now, Australia has ~10% of the number of cases as the US. Which is fair because we're roughly 10% the population size and now we're vaccinated COVID has been allowed to roam.
Australia has ~1.5% of the number of COVID deaths as the US. Which is down to being vaccinated BEFORE we let COVID roam.
I like my parents. I like the parents of many of my friends. At least some of them would have died due to COVID if it had been let to run rampant before we got a vaccine.
Conclusion
So yeah, I was happy to live through the Melbourne lockdown. As traumatic as it was, it was better than the alternative.
But ScoMo should be friggin' nailed for his "multiple ministries" bullshit.
The hypocrisy is so obvious to anyone not blinded by fear and partisan politics.
And yes, some governments definitely show two faces when it comes to China vs what they do themselves.
I'm not sure why you've decided to be so angry, instead of realising our government was doing it's level best to try and get it right. eg Give 'em a break dude.
Not all actions get a "Well shucks, better luck next time" second shot. The anger of myself and others is completely justified. Unless you would also say the same to the Chinese at the moment?
To me the instincts of our leaders in high stress unique situations are critically important. The actions taken by Dan Andrews are disqualifying from leadership in my book. I'm not saying he's a bad guy in his personal life or anything like that, but not fit for office. His actions are by far the grossest breach of human rights in Australia in the last 50 years and will not be forgotten.
By "important measures" I'm meaning things like "number of deaths", "number of COVID infected", but also things like "people who kept their jobs" (etc).
Note that I'm not arguing here, I'm genuinely asking. My impression is that we (in Melbourne) "did ok" as we had low numbers of deaths/infections, and the government support package(s) seemed to have worked for a lot of people. With some notable exceptions (eg artists), which I really don't think should have been excluded from support. :/
A brutal streak of authoritarianism runs deep on both sides of Australian politics. They only get angry about who gets to hold the whip.
What are you on about? There was literally a pandemic on (and still kind of is).
Do you really think people can just go about their ordinary lives, with no thought for other people?
The public can't be trusted to do the right thing. Many people aren't getting additional doses of the vaccine so their immunity has weakened. Why are we not in lockdown right now? It's literally costing lives as we speak.
For the record, I am not against the idea that the government would provide some financial support for people so they could have stayed at home etc. But the forced closure of the whole society including and especially the banning of seeing other people was unbelievably totalitarian and indefensible.
Lockdowns were a shocking totalitarian action I never thought I would live to see in my own country. But of course many can only see/say that when looking at China, even though what is happening there is just a more extreme mirror of our own crimes against humanity.
It’s the story of someone who was sick and legally ordered to quarantine, breaking that quarantine which authorities then wanted to track down. He was spotted on CCTV in a lift.
You can argue the real story is ‘totalitarian’ too if you like, but that doesn’t make the original statement either false or at best a very misleading summary.
For context, I have never seen a murderer or armed robbery command this level of attention.
This guy was being g tracked down because he was a quarantine dodger during a time when everyone was trying hard to contain the virus so it didn't break out and kill people.
The only banned Japanese porn is the kiddy stuff, but even then the law is around any kiddy porn stuff, filmed, animated, drawn, or otherwise.
The backdooring of security was discussed at large in the media, and to the best of anyone's knowledge hasn't even attempted to be implemented. This particular point is quite shit and we all should be up in arms about it, but Joe Average tunes out when it gets any more technical than their Ladbrokes multi on the weekend.
Are you capable of understanding nuance. Do you sincerely think my complaint is that a man was punished for breaking quarantine laws? My critique was of the sum total of the restrictions and the hysterical reaction of the public.
> The only banned Japanese porn is the kiddy stuff, but even then the law is around any kiddy porn stuff, filmed, animated, drawn, or otherwise.
Just simply false, all it requires is a google search [1]. The border force has blocked the import of any 18+ material from Japan. This ban probably affects less than a thousand Australians, but I included it to give people a taste of the Australian style of governance. Grant sweeping powers to enforcers and hope they don't abuse them.
> The backdooring of security was discussed at large in the media,
One particular bill in 2018 received attention, mostly from international media and orgs. This bill [1] passed last year and gave the AFP further ability to backdoor encryption as well as the power to modify your data and impersonate you. There were minor mentions prior to it being tabled. The day it was passed in parliament there wasn't an article about it on any major news provider. Most people are unaware this even happened.
> and to the best of anyone's knowledge hasn't even attempted to be implemented
Do you get much insight into what the AFP, ASIO and ASIS are working on usually? Yes, I'm sure that they make it public knowledge that they've implemented this. That wouldn't defeat the intended purpose at all. Can I clarify, they sought these powers just to have them they don't actually want to use them? And it's my viewpoint that's skewed?
[1] https://www.vice.com/en/article/xgz8md/japanese-hentai-is-no...
[2] https://www.homeaffairs.gov.au/about-us/our-portfolios/natio...
To use an example:
Person A: “I saw a person arrested for licking a lollipop!”
Person B: “That person had a communicable disease and was ordered by law to isolate. They weren’t arrested for licking the lollipop.”
Person A: “Well you don’t see murderers get the same level of attention as this lollipop guy! That’s all I’m saying!”
Regardless of how you feel about enforced quarantine, the person was not arrested for licking a lollipop.
There are no countries in the world, including "bastions of freedom" that allow infectious public health risks to willfully violate quarantine,
BTW: one side-effect of the quarantine travel restrictions was that people overseas saw Australia as being in some sort of draconian lockdown, when, in fact, life was almost totally normal for most of the pandemic because of travel restrictions and qurantine (outside of Melbourne and parts of Sydney in 2021). And many Australians (especially those without overseas ties) assumed that life was "normal" for the rest of the world, when there was, in fact suffering and death, in addition to restrictions.
My friend was unable to go and see her dying mother in France because the Federal government wouldn't allow her to leave the country. Her request to leave was initially rejected and took so long that her mother was dead by the time she was given permission. Now I heard many people have similar experiences because of the inability to find flights. I didn't realise the government forbidding you to leave was a completely normal experience worldwide.
We ALL had to make sacrifices during the pandemic.
Hindsight shows we were wrong and distracted on the wrong thing. Society doesn't care about flu this year, and it's hitting just as hard as covid was. Yet, all I see is messaging on Covid still.
No one said it was governments who firebombed the person in question. As for Youtube-grade non-entities: I think the line is rapidly blurring between people on the internet and "real" journalists. I don't really follow the person in question though, so I can't speak for his credentials.
for these and other sins the electorate severely rebuked his party at recent state and federal elections State elections maybe, but this secret portfolio stuff only came out after the federal election, when he lost his importance. If he had won the election, would it have come out?
For anyone confused about this, like me, wikipedia has an overview. The TLDR is that in Australia apparently you can have more than one person holding a ministry (health, etc) and the incumbent prime minister did this without telling the public.
https://en.m.wikipedia.org/wiki/Scott_Morrison_ministerial_p...
We're pushing legislation that moves the country away from democracy, and hate crimes laws that prohibit mocking religion.
You don't have to look far, there's plenty of them in this thread defending it.
> the decision of Justice Rothman of the Supreme Court of NSW in Voller v Nationwide News Pty Ltd, extended the reach of defamation law such that media outlets could be held liable as ‘publishers’ for defamatory Facebook comments made by third parties on the media outlets’ Facebook posts.
But it was a Judge, not the government. And it was the big media that as targeted, not Joe Citizen. Yet the net effect was a curtailment of Joe Citizen's ability to broadcast their thoughts on the news of the day, and how it was reported. The size of the penalty his honour handed out and the broadness of the ruling meant there was only one sane response from the media giants: heavy moderation of their comment sections, or shut them down. They mostly chose shut down. Heavy moderation is very expensive, so I don't blame them.
The end result has been a biggest reduction of internet speech, comment and civil discourse triggered by news events I've seen in 20 years. Yet it strangely goes mostly unmentioned. Instead we get these conspiracy theories. I guess a conspiracy theory is more titillating than gross incompetence by one powerful individual. If want to go for conspiracy theories try this: why the haven't the law makers drafted a new law to fix the judicial mistake?
You see defenders of censorship all over HN these days, especially by people from the UK and Australia. The people saying "it's nothing to worry about because it only happens to bad people who deserved it" sort of defenses that pop up early on.
Then when authoritarianism naturally grows larger and larger people only blame the politicians, not the people defending it every chance they get.
You do the government pokey and you spin the media around. That's what it's all about.
You put your pay raise in, you take your public good will out, you put your pork in and you shake the public about.
You do the government pokey and you spin the lies around. That's what it's all about.
I pretty much completely agree with the content of what you said as well.
Also, they’ll of course have lots of detractors (whiners all of them!) when they start to untangle things and step on toes, so the temptation is of course to shut them up or get them out of the way.
And voila, fascism and/or outright dictatorship.
Or, you know, we could research what our elected representatives actually do and accomplish instead of what they say they do and accomplish, and vote for those who effectively and reliably do what is in our best interests.
That is, unfortunately, much harder.
Or you happen to be in a group singled out as ‘the bad guys’ when people start getting tired of the dictator or their methods, etc.
It’s extremely rare to have a true Cincinnatus, but pretty common to have someone who says they are. Until they get in the seat, anyway.
does a politician push for smaller and more restrictions on government.
Or do they push for bigger government.
That there is the "and then come the Martians" part.
It’s the ‘this relationship ship will get fixed by having kids’ of politics.
Basically giving the government the absolute minimum amount of power to be functional. With crazy restrictions on making changes so that it’s hard for the government to grab more power.
An armed population helps keep the government from going too crazy like what China is doing to people over Covid.
Hard to weld doors shut on peoples homes if they have shotguns.
Even better, the original (at least, publicly known) intent of the gun ban was to limit ownership of handguns.
Bill C-11 is promoted under the guise of "promoting Canadian content" but of course it's going to be mis-used and abused to control information and the narrative on both domestic and foreign events - if they have the power then they're going to use it for what they want to. A Liberal MP actually stated that they could use the bill to limit 'misinformation' on platforms, though my memory is blank on exactly who it was.
I'm eagerly awaiting for the western first-world political climate to do a complete 180 so all the citizens who supported these emotionally-backed "feel good" laws while voting for the candidates who support them can have "I told you so" thrown into their faces at Mach infinity when the laws they thought were a good idea get used against them by people they don't like.
The western-world is getting increasingly authoritarian now that people are realizing that their country isn't what was sold to them anymore - the never-ending cycle continues.
A bee does not expect to kill a dog(or whatever) with its stinger. It is a deterrent.
Now, I'm not saying that it is necessarily worth it for the population to be armed in this way. I don't know whether it is worth it. Maybe not? But the question is more complicated than "well obviously the government is going to be more armed, and therefore there is no point." .
The ATF did a decent job of policing this but now the threat is shifting to insider threats and insurrection (something we're terrible at policing). When you can't beat the adversary in conventional warfare, you turn to psyops to use the adversary's own weapons against them.
If the military gets called to your ranch, there's no guaranteeing whose side they'll fight on. You may start with plastic AR-15s...until sympathizers toss you the keys to the Abrams.
I'd say Vietnam, Afghanistan prove those points wrong.
This point is always brought up but is never argued to its natural conclusion.
On the surface it seems you are implying that citizens should have powerful guns so they can threaten and potentially kill police officers trying to do something despotic. However if someone did that, the police would just crack down 10x as hard on that individual with more powerful, government purchased guns and arrest them for life. No matter what guns people are allowed to have, it's not a deterrent against despotism on an individual level.
The argument that the point of the 2nd amendment is for the citizenry to defend against government power is ridiculous. Why would a blueprint for a government install protections to make sure it can be violently overthrown, when the rest of the constitution is entirely focused on ensuring the consent of the people is funneled up to government power in a non-violent matter? To argue that that's the point of the 2nd amendment implies the founders didn't believe that the Constitution would be effective in forming a representative democracy.
― Aleksandr I. Solzhenitsyn , The Gulag Archipelago 1918–1956
You're confused that the constitution has more than one kind of safeguard against tyranny?
"The idea that airbags are to prevent injuries is ridiculous. Why would a car have protections stop someone hitting the steering wheel, when there are also seatbelts entirely focused on ensuring that the driver doesn't hit the steering wheel?"
Also note that the guarantee of anti-tyranny violence makes it much less likely that someone's gonna try to do a tyranny in the first place. Compared to a disarmed and helpless population just waiting to be tyrannized.
A mugger is bound by law not to mug you. But he might do it anyway, regardless of what the paper says. However, if he knows you're armed, he's less likely to try. And if he does try, he's less likely to succeed.
It's not to defend against the local police force that smashes your door down - it's not to defend against the military that wants to predator drone your hidden compound of Q-cultists in rural Montana because they've been popping shots at National Guard convoys.
It's to give anybody a chance (albeit an infinitesimally small one, with gigantic risks their own life) to immediately and permanently remove a government representative from office.
I personally don't agree with the premise or concept, but that's probably the most likely intention.
Enabling assassinations is not in any way a part of the intent of the second amendment.
>She said companies could face fines of up to 10% of their turnover if they did >not have systems in place to restrict underage access.
So what does this mean? All social media websites have to check the passport of every UK user that registers? It will be illegal to post anything in a forum, without first uploading your passport?
So Safari knows that a user is under 13 (due to information entered at sign up by guardians) and will block the user from creating an account if a page has the appropriate HTTP header. Or iOS could do the same for app signups.
1. Sites have no reliable way to determine a user's age without massive privacy violations. (E.g. To access this site, upload a copy of your driver's license.)
2. Making the government the final authority on who is allowed to access the adult internet would enable way too much authoritarian abuse. (E.g. Sorry citizen, you have been deemed a dissident, and will therefore now be treated like a child by every website you visit.)
The solution to 1 is to handle the age verification part on the client side, so sites don't need to know anything about the user except whether they're old enough to access the content in question. And the solution for 2 is for parents to enforce access at the household level rather than governments doing it at the national level. (E.g. Don't let your kids use devices/software that lies to sites about their age, unless you're there to supervise.)
The exact details of how that gets implemented at the protocol level aren't as important as the overall principle. (Though I have a few ideas.)
It’s obviously parents leaving their children out in the cold if a 10 year old is given unrestricted access to apps and the internet.
There are abundant and powerful options to track, monitor, and censor content that your children are exposed to on their devices, assuming a parent chooses to provide their children access to such a device.
Asking every single service everywhere to somehow gatekeep when the client-side can do it simply and easily is such a bizarre approach to solving the problem that I can only see it as an obvious and bold-fisted attempt to clamp down on anonymous speech, which is entirely essential for a functional democracy.
I'm not even necessarily saying the government should step in with heavy-handed regulation, but "parents should just manage it and leave the rest of us alone" gets less reasonable with each passing day.
If you don't want your kids to view such content, the only realistic solution is to not give them internet access. Supply them with a library of books, DVDs, etc. of your choice. The only way to manage the content your child sees, is to manage the content your child has access to.
> One wrinkle is the goddamn schools sending home devices I can't administer. Hate, hate, hate that.
This makes things harder, but one option to not give them your wifi password so that these electronics can't be used. If the child needs to use these electronics to complete classwork, then complaining to the school that they are supplying kids with devices that they use to watch porn will probably elicit a strong response.
1. https://www.zdnet.com/article/teen-cracks-au84-million-porn-...
> This makes things harder, but one option to not give them your wifi password so that these electronics can't be used. If the child needs to use these electronics to complete classwork, then complaining to the school that they are supplying kids with devices that they use to watch porn will probably elicit a strong response.
Yeah, they do need them to do homework and check assignments and shit at home. Schools have made things like that more complicated and computer-dependent in the name of progress. Another way this whole computerize-everything craze has been a step back, I suppose.
Overall I'm not sure landing at "literally be someone with college training and work experience in network security and still find all this a needlessly-complex pain in the ass" is going to be where people end up wanting the state of things to settle. Here I am running an extra router on my side of my ISP's because Google's router doesn't give you MAC-level time-bounded blocking, which is pretty much what you need with school devices. And it's less porn than mindless not-actually-educational faux-edutainment web games that the school's introduced them to, for god knows what reason. I'd rather they be in the Switch than playing that crap.
... except maybe other parents they actually won't care how hard this is, since they mostly seem to have given up. Most parents seem to be giving their 3rd graders smartphones anyway. Then act like I'm the weirdo when I suggest maybe letting kids have such phones and carry them at school is batshit crazy, even in high school. Though not, I've noticed, at the not-quite-fancy private school we have some affiliation with, where smartphone ownership among even 6th-graders probably doesn't even hit 20%, way under local public schools (I have insight into several of those, mostly the middling-nice suburban sort)—I think we may be looking at a whole new kind of "digital divide" in the coming generations, and it's the ones who didn't have unlimited access to the Internet at a single-digit age that'll have the advantage. That certainly seems to be what the Fussellian upper-middle is favoring: later, more-limited access to electronics and the Internet. IDK if the climate's similar at actually-fancy private schools and among those parents, but I wouldn't be surprised if it is, and maybe even more pronounced. Meanwhile at the public schools "your family must be poor" if you don't have a smartphone by the time you hit middle school. LOL.
I think the bigger distinction is that I had a desktop PC not a smartphone. Parents can much more easily regulate computer use with the former, and withhold access if their kid isn't getting good grades. I think desktop PC use also lends itself to hacking and promoting exploration of technology. Modding and cheating in games is how I got into tech. What I'd do is give my kid a desktop and a USB drive with Gentoo and let them do whatever they want - I'm mostly joking, but only mostly.
And yeah, giving kids smartphones for use at schools seems extremely bone-headed. When I was in school, teachers were all about keeping phones out of the classroom not brining them in.
credit card?
"But children could just get their parents' credit cards" ... and they could also just get their parents' passports.
Frankly, to me that's just an argument against requiring anything to prove your age on an online platform. It shouldn't be necessary and I consider this a bad development.
Germany has similar simple ways to provide pseudo-verification, e.g. they'll use direct-deposit or direct-debit to transfer a cent or three and put a code in the subject field that you'll need to enter. It's not perfect, and they wouldn't even know who you are, since account numbers aren't tied to names, but it proves (sufficiently for them to say "we really tried") that you are the account owner. While they don't know who you are, your bank has to because of KYC, and in case of trouble they could say "talk to the bank, they know who's hiding behind this username". Of course there are edge cases and ways around it, but it's enough that they get out of hot water.
I don't really have an opinion on whether age should be verified. I'm past most minimum ages and I don't have children, so I'm not affected.
Like is a platform run out of China going to care what fines the UK government threatens.
Sure, that might lead to teenagers using VPNs to access it, but I wouldn't count on that. Most of them aren't even using adblockers.
It's a capitalist desire. They're just exploiting the statists and nationalists.
I would imagine that some rando social media site that collects this stuff to prove someone is over age to be a whole lot less secure (if that is possible?).
At the shop cash tills I noticed recently a sign that said "if you're purchasing alcohol and are fortunate enough to look under 25 we will need to age check you" (or some very similar words).
Same goes for anyone buying solvents and glues, or knives and blades, vapes, etc.
The aim is good - the challenge is the implementation.
Only feasible way seems to be prove you're older than the minimum (which feels like persecuting those that are old enough) rather than prove you're too young!
Imagine if SWATing didn't have much of a chance of getting you hurt, but had a 100% chance of putting you on what is essentially a domestic terrorist watchlist.
the nazis soviets and chinese all had lists of undesirables, the lists only functioned to define the targets
>The opposition Labour Party said replacing the "prevention of harm" with an emphasis on free speech undermined the bill's purpose.
I mean... they're not wrong. The original intention behind this bill was insane, and it no longer does what it wnated. The fundamental problem that the government is facing is that there's behavior they want to discourage but can't functionally ban. Legally you have a choice, you either get ambiguous and open it up to abuse, or you go narrow and fail to really address the issue. I think this approach is fine, but we may have to revisit it.
You mean "appear chaotic", right?
This is a sign that the government is so dysfunctional that not even the military/intelligence industrial complex can get them to pass a bill - they’re no strangers to unenforceable nonsense.
I think it is more likely that this new minister had it explained to them how impossible this was to enforce or take action against, given the difficulty of proving mental harm.
Either way, it's the correct decision. Content policies should be based on clear cut laws in addition to a platform's self authored content moderation policy.
[1] https://www.theguardian.com/world/2021/jul/11/labour-to-vote...
Pornography is speech - and the age verification provisions effectively mean any non-mass scale platform in the UK will have to remove all adult content because the costs of age verifying every visitor are insane.
What does the bill protect in there?
How did we get to this point? I assure you the idea that porn is speech is not an idea that the even liberal Brits would agree with.
The point is, if you let the state draw the line on what is and isn't allowed speech, they'll draw it where it is convenient for them.
Child safety folks are happy for now, but naive. Celebrities are fountains of wisdom so that's all good. The age-verification and trust-washing industry are waiting for their payback. "Recognised" journalism gets protected. And Big Tech is all for it; compliance falls much hard on challengers.
To be fair the dropping yesterday of the "legal but harmful" provisions for adults is finally showing there is some hope for sanity. Although paradoxically this will likely speed and increase the prevalence of a gated UK splinternet; as it will be become required to age-gate children across all (user-to-user and search) services.
If true this is the bigger story here. Illegal speech in the UK already encompassed a goodly chunk of anything "harmful" or likely to cause hurt feewings. Forcing platforms to actually follow their terms of service, however, is revolutionary. Even forcing platforms to disclose to each banned user what part of the ToS they violated and how would rock the digital landscape.
I wonder if I will have to use a VPN to access Hacker News from the UK in the future, as this site will surely not let the UK government prevent it from moderating itself.
The solution is easy: stop lying about being a "platform" if you want editorial control.
> ...the free speech rights of users who want a well-moderated community...
Wut? How does free speech infringe on free speech, exactly?
They forgot you can close your browser tab if you don't like something, or stop using a service if the content isn't something you like.
ie, making their problem everyone else's.
I think the idea is that you don't really have free speech is some group of people are afraid to speak, which is what you have when it's not well moderated.
It's, I think, the argument in the center of "cancel culture is bad for free speech". Cancel culture don't stop people before they talk, and don't legally condemn anyone, but they force some people to not say what they have on their mind because the consequences will be unpleasant for them. In fact, I would even say that people who are critical against cancel culture but are also arguing that free speech should not be moderated are just hypocritical: cancel culture is what you get (amongst other things) when there is no "moderation".
Rightly so. Freedom of speech isn't freedom of reach.
First, I did not say "freedom of speech is ...", but "you don't really have freedom of speech if ...". It's a bit like saying "you don't really have freedom of movement if you have a law abolishing the borders but at the same time another law that says that citizen will have their legs amputated". Of course, "freedom of movement" isn't "freedom of having your legs", but the point is that the GOAL of freedom of movement can be, in practice, impaired if you apply some rules that impair it.
The problem here is that "move along somewhere else" is impacted by this law: apparently (not 100% but some sentence in the text seems to say that), this law can say that every "somewhere else" can be forced to accept the mass of "shut up" people. So, there will be nowhere to go where they can speak freely, which, in practice, will force them to just not being able to exercise their freedom of speech right.
I really don't get people who are pro freedom of speech, but at the same time have no much problem will people being coerced, in one way or another, to not speak. Either they are hypocritical (and want to be able to impose their speech without caring about the speech of others), or they've released the substance for the shadows (they are putting values on an empty concept instead of focusing on the goal).
Across an entire population it has a democratic effect when freedom of speech is in full effect without being restricted or controlled by government for means of shaping the outcome.
If I say "Islamic fundamentalism should be the norm" I will fully expect to be boo'd at, shouted down, blocked, shunned and made unwelcome. That tells me my views are not welcome. I can choose to stay, and keep using my voice, but it'll be counter productive.
So i'll make a space where I can say that Islamic fundamentalism should be the norm, and find like minded people. And if I find enough, we might start a party and get votes. Enough people vote and my islamic fundamentalist government runs the country.
Or, people just keep telling me I am an idiot and that's OK too.
I have big issues with forcing (vs being made uncomfortable by other people's free speech) to move on, but someone's right to say something doesn't trump my right to tell them they are wrong.
100% agree. But it works both ways, and you cannot say that "cancel culture" is a problem: they are just doing that.
> So i'll make a space where I can say that Islamic fundamentalism should be the norm, and find like minded people. And if I find enough, we might start a party and get votes. Enough people vote and my islamic fundamentalist government runs the country.
Uh? That does not make any sense. If they get enough votes to be elected, it means that the majority of the population will not boo them in the first place. And if you argue that by organizing in a small safe place they've found strategies to convince more and more people, you are just saying that it was wrong (for a freedom of speech point of view, I'm personally in support of some moderation) to boo them in the first place: if their opinions are convincing people, when you were booing them, you were doing exactly what the concept of freedom of speech try to avoid: you were working against the freedom of idea and the possibility for new ideas to find their public.
> I have big issues with forcing (vs being made uncomfortable by other people's free speech) to move on, but someone's right to say something doesn't trump my right to tell them they are wrong.
And inversely, right? right?
I think this is the point: "How does free speech infringe on free speech, exactly?" Exactly like that.
What you are describing is called a "hugbox", aka: safe-space. Any platform that actually catered to every neurosis would be totally silent.
> ...cancel culture is what you get (amongst other things) when there is no "moderation".
I wonder how much thought you've actually put into that opinion. Because, for example, Twitter was very aggressively "moderated" and is also the birthplace of what most would characterize as "cancel culture". With such a counterexample I don't know how such a claim could be made with a straight face.
Well, it's a false dilemma: you don't need to have either a law that force all moderation to be identical everywhere or having places that are absolute safe-space. As long as you have some place that guarantee some opinions safe space, where is the problem?
The hypocrisy is that the neurosis of someone is the freedom of speech of another. Bigotry, racism, sexism, ... are arguably as legitimately a neurosis as "woke culture". Yet, anti-cancel-culture people are often promoting solutions where, in practice, we force everywhere to be a safe-space for those anti-woke "neurosis".
> With such a counterexample I don't know how such a claim could be made with a straight face.
You are failing at logic.
"what happens if you don't have a place well moderated" does not imply "if a place moderated exists, it cannot happen".
Twitter was not "well" moderated, because it allowed cancel culture. It was heavily moderated, which does not mean it was well moderated.
In fact, I even think that "well moderated" is rather impossible (you notice the quote-marks around the word moderation in the quote you've used, right?). The best we can have is "diversity of moderation", with several instance that have different moderation rules. Absolute freedom of speech is a concept that just takes water quickly when you think about it with intellectual honesty.
The "platform" argument is based on a misreading of an American law. Whether or not someone call themselves a platform is completely irrelevant. I don't lose my right to not disseminate your speech just because I may choose to disseminate somebody else's speech.
> Wut? How does free speech infringe on free speech, exactly?
If I want to host a community for a particular purpose, but the government forces me to host the community for another purpose, my right to free speech along with everyone who wanted to participate in my community has been violated.
For example, maybe I wish to host a community for supporters of a particular politician, but the government says I also have to include the much more numerous opponents of that politician, maybe I wish to host a community for a marginalized group of people, but the government says I also have to include those who hate those people, or maybe I just wish to host a community that as many people as possible want to use so that they will look at my ads, but government says I also have to include people who make the community worse for everyone else. Regardless, the government has used force to control speech, and has in effect banned certain kinds of communities. That's not free speech.
... and then you go on at length about the safe harbor provision without specifically mentioning the safe harbor provision because that would undermine your point. It has already been litigated, a platform that caters to a special interest is able to do so - so long as that is what is actually going on. You want to eject anyone making threads about non-car related topics on your car-centric board? Cool, you enjoy platform protection. You want to ban users expressing opinions contrary to whatever your agenda is on the platform you've described as "the free speech wing of the free speech party"? That is a problem.
By American standards (according to my limited understanding of the presumably simplified version I hear from American YouTube lawyer Legal Eagle), but those standards aren't universal.
Is a corporation really supposed to have free speech, or just natural people?
That said, I also expect British legislation related to the internet to be a bag of wishful thinking sprinkled with unicorn dust and marinated in snake oil.
As an employee there's things I can not say as a private individual, but I can certainly say those things in one guise or another.
Freedom of speech isn't freedom from consequence.
In the above example, the consequence is of joining a business that redacts my free speech.
Imagine a group that gets together to form a company where they all mutually pledge that “anything goes”. What rights to free speech does that resulting company have? What rights to speech does the New York Times company have?
A company isn't a person, they can have different and discriminatory laws applied to them, rightly or wrongly.
This is sort-of a side-effect of limited liability.
Which is fine. If you want to exercise your right to free speech you can. You can't necessarily make a company exercise those rights on your behalf because the company (in a fairly profound legal sense) isn't you and has limits by law.
"Congress shall make no law" means just that. Everything else is something somebody with a specific agenda made up.
And it's hard to not come to a conclusion that corporations, being legal creations of the state distinct from a mere assembly of individuals, cannot have any natural rights, since their very existence is a privilege; the society can attach whatever restrictions it wants to corporate charters, so long as they're uniform.
(Note that there's a separate question of what restrictions are actually a good idea. I would actually argue for the free speech side here, but that's beyond the point; the point is that, for corporations, either way, we're talking about granted privileges, not inherent rights.)
Separately, "Congress shall make no law", interpreted most literally, means that e.g. state legislatures can make such laws. The First Amendment was not incorporated against the states until 1925, so this country has only had federal free speech protections for less than a century.
Regardless, it's not like you can avoid these laws by not incorporating. An individual who runs a site with user-generated content in a way the government doesn't like would be in even more trouble.
That's exactly WHY corporations have limited liability for the individuals in many cases. That's partly WHY corporations exist.
Do your homework before making ideological mistakes that smarter people have thought of hundreds of years ago.
Your comments sound like the type of nonsense that people use to enforce their views on others; which freedom of speech doesn't grant you, though you wish it would.
It's ironic that you accuse me of wanting to enforce my views on others when that's precisely what you are arguing for, and I'm arguing against.
And likewise, you're being so reductive that the same logic also makes the state and the law "just people", as the courts are made of judges and lawyers who are people, likewise the police and the bailiffs are people, the banks may be increasingly automated but they're also still people, and so on.
But then, we have the government by consent, at least to the same degree we have employment by consent; not just by elections, but also e.g. "if you don't like Brexit, move to Germany" as someone said to me, oblivious that I already had — but not everyone has that option in practice even if they do on paper, just as not everyone is in charge of their employment opportunities in practice even if they are on paper.
Government is by consent in the sense that you need many people to voluntarily cooperate to run a government. That doesn't mean that the government doesn't impose those people's preferences on others by means of violence. The same applies to gangs and other similar organizations. They are run by consent, but that doesn't mean everyone who interacts with them are doing so consensually. Being able to move out of the gang/state territory doesn't make the interaction consensual.
Governments usually try to maintain a monopoly on violence, so when other organizations use violence to impose its members' preferences, it's usually either in defiance of the government or on behalf of the government. Governments also often use violence on behalf of others. When an employee is (indirectly) forced to work for a corporation, it's almost always enforced by the violence of a government rather than the corporation itself.
Speech with consequences isn't free speech, by definition.
>Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction.
Consequences are a "retaliation": https://en.wikipedia.org/wiki/Freedom_of_speech
Alarmingly, a lot of online dictionaries - at least in English - seem to define the 2,400 year old concept of free speech as the American First amendment. Can anyone who speaks another language see if this misconception has spread to other languages?
I wonder how many people got away with sincerely saying "Hail Satan, that Jesus bloke was an idiot" in the late 17th (or even 19th) century Bible Belt?
That kind of reduction doesn't work, given that corporations necessarily (and sometimes optionally) impose various limits on the speech of their employees and contractors — NDAs and non-disparagement clauses from them directly; anti-cartel rules, customer data privacy including but not limited to GDPR, and national security letters from legal obligations.
However, contrary to your claim, that violence can also be directed at assets under the control of a corporation and not just the natural persons. Indeed, in many cases, the whole fundamental point of a corporation is that individuals often should not be held responsible for the corporate actions. So, while fines and penalties for non-compliance can be directed against individuals, this is not the norm, and they are usually directed against the corporation itself; if this exceeds the corporate bank account, then in certain jurisdictions it can become a legal obligation to declare bankruptcy at that point as otherwise it becomes “trading while insolvent” which can result in individuals being banned from sitting on a board of directors for a certain period. The very brief introduction I had to corporate law at university called this “piercing the corporate veil”.
"We will ban accounts for anything we don't like, at our discretion, at any time and for any reason without disclosure".
Job done.
But forcing businesses to disclose their policy in their ToS will prevent this false narrative of "free speech" used to whitewash a politicised and editorialised approach to business.
Just tell people that your "platform" isn't really a platform, it's a mechanism of control outside the bounds of the law.
It's not a judge's job to stop legislation turning into a dead letter if it's incompetently drafted, which this is.
It's to reflect the laws and intersections of them as written.
This bill is going to go down hard in judicial review, because the people writing it and the lobbyists arguing for it are cretins.
That really comes down to whether the judges given the decision want to save it or sink it. Even if the legislation is poorly drafted, if they want to save it, they’ll find a way to read it which saves Parliament’s intentions. If they want to sink it, they can exploit its poor drafting to render it toothless.
I have no idea which path British judges will choose to go down. Unless you can claim some special insight into their thinking, I doubt you really do either.
I can't even wrap my head around this argument. Is the speech of the people who want a moderated community restricted? It may be other things, but it isn't a "free speech" infringement on these people. Free speech is about "speech" first.
If they read something they don't like, it's the fault of the platform. It couldn't possibly be that they should take responsibility for their own offence and close the tab or log out of the service.
Or even, maybe, engage in self reflection to try and deal with their feelings and move on.
As an aside, free speech absolutists always ignore the inconvenient existence of spam. The absolutist position would definitely support the complete takeover of forums by spam, but I have yet to see an absolutist openly accept that.
Pretty sure I was told that the louder group is the one that is the winner.
P.S. I hope that the author sincerely regrets making this comic.
>Do you leave it alone and thus allow Group A's freedom of speech be effectively suppressed or intervene and suppress Group B? Either way, somebody's free speech is being violated.
Currently China is doing just that, drowning out the protests with a flood of louder voices. https://www.cnn.com/2022/11/28/tech/twitter-china-protests-s...
Is that free speech?
>All that comic says is that being told "no" and "you're wrong" and people disagreeing with you isn't a violation of your free speech.
From the text of the comic: >If you're yelled at(which includes heckling), boycotted, have your show canceled(otherwise known as fired), or get banned from an Internet community, your free speech rights aren't being violated.
Formatting mine.
That is a tad more than just being told 'no' or 'your wrong', isn't it. It is normalizing attacking the other.
I stand by what I said, the comic is bad and I hope that the author feels bad about it.
No one is forcing this. It's kind of like how you can either have a restaurant that serves all races, or not have a restaurant.
A companies TOS form a contract between the user and the company, this law is just requires that companies follow what’s written in a contract they will fully entered into.
To claim that this is an infringement of speech is to claim that there’s no situation where a court can force someone to perform, as required by a contract they entered into. In other words, it’s to say that any court enforcing a civil contract is defacto infringing upon that persons right to free speech. Clearly that’s ridiculous because it would totally undermine the value of any signed contract.
All of the evidence so far points in quite the opposite direction.
Having a community moderated by its members is not the same as a huge corporation (which has control over one of a very limited number of effectual public squares) denying a user the right to express an opinion it simply doesn't like - in the same way that (UK) businesses are not allowed to discriminate (e.g. deny gay cake decorations by a religious cake decorator).
Corporations are legal entities in and of themselves, that exist for specific purposes. They are not people.
However, in US federal law we have carved out a narrow exception for "common carriers". A telephone company can't disconnect your calls just because you're making offensive political statements or spreading medical misinformation. Some politicians and legal scholars such as Supreme Court Justice Clarence Thomas have suggested that Congress extend common carrier legislation to also cover social media platforms.
https://www.npr.org/2021/04/05/984440891/justice-clarence-th...
IMHO no content should be removed unless the existence of content creates tangible issues. For example hosting copyrighted material creates the issue of copyright holders not getting paid for their work, therefore removable but the record of someone saying saying something bigoted doesn't actually harm anyone(if there's a harm it has been done at the moment of expressing it) therefore should not be removed and kept as an evidence of the character and actions of the person. Any content is a historical record, thanks to that we can look what Hitler said and we can reason over it and know why he is despised. This gives fidelity and understanding of the situation. We don't say Hitler was bad because he violated rule 4.1 in the TOS, the same must be true for everyone.
If UK does something like that, it can be a huge win.
People going to court to unblock a twitter account is a reasonably common thing in Germany at least. Even having a lawyer fax a letter will often be sufficient.
It really isn't, all terms of service contain a line that effectively allows them to take down anything they like under the guise of distasteful et al.
The bill is nonsense.
How it would change anything? Any ToS that I bothered to look at had some form "we reserve right to ban/delete stuff for any reason at all"
The platforms write their own terms of service. I'm sure they're pretty broad to give them license to do basically whatever they want. Are there many examples of platform moderation decisions that are unequivocally out of touch from their terms of service?
Facebook could say "you can't post harmful content" and then it's up to Facebook (moderators) to define what "harmful content" is.
The YCombinator/Hacker News Terms of Use https://www.ycombinator.com/legal/#tou https://news.ycombinator.com/newsguidelines.html is quite broad and gives them license to remove basically whatever they want (as it should - it's their website, they should be able to run it as they see fit)
Eschew flamebait. Avoid generic tangents. Omit internet tropes.
Please don't use Hacker News for political or ideological battle. That tramples curiosity.Many. The larger a platform gets the more its content policies converge on "anything that makes us money is allowed, anything that costs us money is banned". For example, the sheer length of time it took Trump to get banned from Twitter despite the fact that accounts which simply copy-pasted his Tweets were banned within days for repeated ToS violations.
"Forcing" and "to actually follow" are not a reflection of reality. The Bill details the rights to "kinds of complaints" and provisions to "bring a claim for breach of contract". Good luck with that for non-customers. Though Ofcom will be reviewing the processes used for handling these in general.
They'll try to pander to conservatives by appearing to "protect free speech!" (fuck Reuters) but I really hope people don't fall for it.
Except the Bill doesn't have such provisions. https://news.ycombinator.com/item?id=33786707
What ends up happening is the political bias of the censors leaks into the decisions. You end up creating echo chambers; which are tremendously unhealthy for society.
I'm not sure anywhere has a ban on _all_ lies, though. You can generally say that the sky is green, or even usually tell lies about non-protected groups ("all lawyers are criminals" is clearly a lie, say, but unless the context makes it clear that you're using it about a particular lawyer, you're probably fine).
No, they're there to deliver justice. Truth in courts can and does change often when new evidence is brought into view.
The idea that a single entity could somehow have a priori knowledge of truth, good enough to decide what is/isn't true in general, is a juvenile God fantasy. Truth is a tricky concept.
Hell, alex jones literally just got slapped for his speech.
At some point, you have to ask if banning something that's so pervasive that most (or even a significant minority) is a good idea to begin with.
Courts have always been responsible for determining the truth. Libel is a crime. Every criminal case has a guilty/not guilty decision that must be grounded in the truth.
https://www.signaturelitigation.com/high-court-confirms-that...
I agree that justice, in a philosophical sense, is a subjective concept.
I doubt such a system would ever be put in place, because politicians would be the biggest targets.
It would be naive to think such a government body would be impervious to corruption, or groupthink, or mistakes. In fact, it would be the worlds largest target for anyone who wanted to promote misinformation or bribe/threaten people to weaponize it against their enemies.
Every time a new political party came into power, their opponents would be censored and imprisoned. And at the same time, the people in that government body who get to decide what is true or not would miraculously see their personal wealth increase. What a strange coincidence!
Bad things can even happen by accident: look at how many people were shouted down for saying masks were a good idea when Covid started, and then were shouted down for not wearing masks a few months later. Or look at who was shouted down for saying that missile that landed in Poland might not be Russian.
When the censors get things wrong, and they have the authority of the government behind them, the consequences will be terrible. It would ultimately result the end of free society, and it would not take very long for that to happen.
No. Ten years and four prime ministers ago the government was briefly talking about making it harder to access online porn if you're under 18, but nothing ever came of it.
It's currently trivially easy for people of any age to access online porn in the UK. (So I've heard.)
https://en.wikipedia.org/wiki/Section_63_of_the_Criminal_Jus...
If you ban it, then it becomes illegal.
If you don’t ban it, then it stays legal.
It’s pretty much that simple.
It seems it's still fairly problematic
What if people start getting branded as "undesirable" by certain individuals, and others make sure to cleanse them?
So let me make it more clear, how many innocents are you willing to sacrifice for free speech?
Who said the government should decide?
> Is it better when the governing class decides certain individuals or thoughts are evil and makes sure to cleanse them from the world?
Leave it to the people, let the people vote with their wallet. People clearly don't want that kind of speech available, exhibit all absolute free speech sites.
The government dictating what is allowed to go on platforms and forcing companies to host vitriol and calls to violence to "cleanse" society is not any different to what you describe.
It just adds a middle man so the government keeps their hands clean.
Cut the strawmans. I didn't advocate for government control, you took it there, and the fact that I am even entertaining this response is well beyond what it deserves.
Personal responsibility is a far better position to defend despite the garbage that comes along for the ride than say an overarching unquestionable central authority that dictates and enforces what is acceptable for all with threat of government sanctioned violence (imprisonment) for non-compliance.
The government forcing companies to host speech they do not want to host as DeSantis wants to do with Apple, and has been done in Florida and Texas is inherently fascist.
Where is the personal responsibility for the people who willingly taunt their followers and point the finger towards minorities?
Why are republican figures not facing justice for the atrocities committed as a consequence of their speech?
Unfortunately, idiots can carry guns and have a propensity for acting on said racism. Refusal to confront that problem in the name of some free speech ideological purity is tempting history to repeat.
Not in the UK, usually.
Hacker News is heavily "censored" so it can maintain what it believes to be a high quality posted links and discussion.
Sometimes it gains power for a long period of time with unfortunate results. Not that I think that is a valid argument against freedom of expression.
Advertising works, so does any other form of propaganda. It's taught in psychological manipulation 101.
What you are doing is called victim blaming.
>"We all agree that stuff should be illegal, let's make it illegal," she told BBC News, adding that the government had already pledged to make the promotion of self harm unlawful.
How they intend to make the promotion of self harm illegal I'm not sure.