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Harvard Law & Policy Review
Online Censorship Is Unavoidable—So How Can We Improve It?
By Ben Horton*
A few weeks ago, Professors Jack Goldsmith and Andrew Keane Woods ignited controversy by suggesting in the Atlantic that China was right and America was wrong about internet censorship and surveillance. This seemingly contrarian stance rubbed people the wrong way , especially given reports that China’s online censorship delayed their response to COVID-19 and that Chinese agents have actively disseminated disinformation about the virus—and then attempted to suppress reports revealing their disinformation campaign .
Except the professors’ critics seem to have missed the point of their essay. Goldsmith and Woods said China was right that the internet inevitably would be censored and surveilled, not that China’s methods were normatively appealing.
Even discounting existing state surveillance and censorship on the internet in the United States, private surveillance and censorship is ubiquitous. And, notwithstanding our intuitions, most people want an internet that is subject to ubiquitous censorship—that is, “content moderation.”
Putting aside illegal content (child pornography, snuff films, etc.), most consumers do not want to be inundated with what Sarah Jeong has dubbed “ the internet of garbage .” They do not want to be harassed, bullied, threatened, or spammed on the internet. And in the midst of a global pandemic, they want to ensure disinformation is kept to a minimum. They want to limit harmful speech.
Part of our problem is we still think of speech burdens in a binary, on-off way. But especially online, the question is not whether you can find content, it is how hard it will be to be find and how much it will be amplified .
The question is not if there will be censorship and surveillance, [1] the question is who gets to do it, and how it is done. Right now a relatively small group of private actors make not only the substantive decisions about content on the internet, they decide the process that drives those decisions and how information flows through their networks. They wield enormous power , and are almost completely unaccountable to the public.
So, what are our options?
Option 1: Stay the Course
First, the United States could continue to shield tech companies from most tort-based liability for content posted on their platforms via Section 230 of the Communications Decency Act , maintain an expansive view of the First Amendment, and not substantively regulate tech companies.
Supporters of the current system largely admit that ubiquitous content moderation is good, so long as it is private. They hold that a system of private speech regulation provides a market incentive for platforms to reach a Goldilocks-zone of content moderation : Enough harmful speech is blocked that it is possible to maintain deliberative communication amid the noise, but not so much that deliberative communication is also blocked. Consumers have a choice, and services that fail to moderate will either fail or be consigned to the dark corners of the internet .
But how real is that choice? Alphabet owns the two most popular websites in the world. Facebook (through its eponymous service and Instagram), Twitter, and Reddit collectively dominate U.S. social media . Over the past twenty years who has rivaled them? MySpace? Snapchat? Yahoo!? Tumblr? Even including these rivals, American consumers have had two significant options for their search engines and four or five social media sites. And, at least in part, that lack of choice is due to the inaction by antitrust enforcers at the Federal Trade Commission and Department of Justice when Google bought YouTube and when Facebook acquired Instagram . In a monopolistic environment consumers can try to campaign for changes to private companies’ policies, but their effectiveness might rely on some of the substantive regulations discussed below.
As Evelyn Douek has argued, these platforms are increasingly cooperative in their moderation decision-making , making consumer choice even more illusory. YouTube’s policies on terrorism-related content are not significantly different than Facebook’s or Twitter’s because they all belong to the same private group that develops those standards. Facebook’s new Oversight Board is probably a step in the right direction, but what happens if it becomes the de facto decision-maker for social media standards generally?
Finally, the market theory is contingent on the assumption that people choose their networks based on the ability of the network to curate information. But the profit incentive of social media companies is to increase our engagement—which might mean pushing harmful content on users , or at least enabling that sort of thing ( until they’re caught ). The negative effects of this content might be exaggerated , but without greater transparency we just don’t know.
Aside from the harms of disinformation, staying the course has the additional drawback of eliminating the United States from the global conversation about internet governance. As Microsoft President Brad Smith mentioned in a recent interview , in the future, tech companies may simply adapt their products to the regulations of the European Union and other Western democracies that lack stringent First Amendment or Section 230 protections against government involvement in online speech. We already see this to some extent with the NetzDG law in Germany, which, if nothing else, is offering us some useful transparency on content moderation.
Or tech companies themselves might simply decide how public health crises are managed .
Either way, the United States government, for better or worse, will simply not have much of a say in what the internet looks like.
Option 2: Content-Based Regulations
For constitutional reasons, the approach of regulating speech based on its content is closed off to the United States. There is a lively academic debate about the status of lies and hate speech under the First Amendment. But absent a political revolution, it will remain an academic debate. The Supreme Court has said, in an 8-1 opinion , it will not open up new “uncovered” zones of speech. Content-based regulations of harmful speech will continue to be subject to strict scrutiny, and they will continue to be struck down.
In the U.S. context, at least for the foreseeable future, content-based censorship will continue to be ubiquitous and limited to private actors. That does not mean we need to leave the speech moderating apparatus entirely to the private sector.
Option 3: Torts, Competition, Process, and Friction
Contrary to cyber-libertarians, the options available are not limited to “censorship” or no regulation at all. We have other tools at our disposal. The key is to focus on content-neutral regulations, especially those that govern the flow of information rather than regulations that criminalize certain content.
As a threshold matter, these policies do not have to—and likely will not—take the form of flat bans and mandates. They might be conditions attached to liability immunities or tax incentives, and they can—and should—distinguish between different types of online services. Of course, companies have been lobbied, and should be lobbied, to make these changes on their own; I am arguing that there is some role for direct government regulation in these realms.
First, we could reform Section 230. While supporters maintain that Section 230 is necessary to ensure that platforms can engage in decent moderation without fear of liability , detractors argue that a well-crafted alternative could still shield sites that engage in good-faith moderation without shielding sites that are designed to facilitate human trafficking , for instance. And regardless of where you stand on the 230 debate, given bipartisan support for both SESTA – FOSTA and the delayed “ EARN IT Act ,” 230 as we know it is unlikely to survive. If we want sensible intermediary liability protection, and not a patchwork of exceptions that probably make the internet less safe, the 230-or-nothing stance is increasingly politically untenable.
Second, we can advocate for regulations that promote competition, creating a market where consumers have real choices and their choices make a difference. This need not be the traditional “breaking up” of companies given the beneficial network effects consumers find in centralized services and the possible aggravation of harm that a balkanized internet could bring . Pro-competition policy could start with blocking the sale of startups to Facebook and Google . It could include the imposition of substantive requirements, like an information fiduciary responsibility or interoperability requirement on organizations with a certain share of the market. Any regulations, however, need to be sensitive to the needs of non-profits with large user bases and low revenues .
Third, and more controversially, we can require more transparent processes in content moderation. A number of organizations have released and advocated for the “ Santa Clara Principles .” These include, at a minimum, publishing the number of posts and accounts taken down organized by the category of violation, providing notice to users whose accounts or posts are taken down, and instituting some kind of appeal process. If content-based moderation decisions are largely going to be done by private actors, their legitimacy relies on being transparent and understandable to the public. Even if changes are brought about by private pressure, we cannot collectively criticize and improve on secret processes .
Finally, and most controversially, maybe we can impose content-neutral, friction-creating regulations that force consumers to be more deliberate in sharing and consuming information. For instance, WhatsApp recently limited its forwarding function so that any messages that come from a chain of more than five people must be forwarded one chat at a time. This type of rule is not content-based; it applies to speech based on its virality, not the “topic, idea or message” communicated. Disclosure requirements—revealing, for example, whether or not a human is speaking —might also increase friction and deliberation. And some regulations of social media’s “frictionless” design might be allowable under the First Amendment.
These regulations avoid the hard epistemological questions and constitutional hurdles of defining harmful speech. They regulate the flow of information regardless of its content instead of worrying about speech concerning a particular topic. Furthermore, they ban no speech—deliberate communication is unaffected.
There are pros and cons to every policy mentioned, with administrability challenges and constitutional issues . But to reach a substantive discussion of the realistic possibilities for regulation in the U.S. context, the conversation needs to move beyond the false binary of “censorship versus free speech.”
* Ben Horton is a rising 3L at Harvard Law School and an Online Editor for HLPR.
[1] I am not talking about the problems of surveillance presented by innovations like the Ring doorbell , or facial recognition . I am referring to the level of surveillance necessary to ensure that speech is successfully moderated on platforms—being able to tie punishments to certain accounts, for example. That overlaps with the problems of online behavioral manipulation and surveillance capitalism, which I am not addressing in this post.
Freedom of expression in the Digital Age: Internet Censorship
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- Md Nurul Momen 4
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Freedom of expression includes freedom to hold opinions and ideas and to receive and impart information without restrictions by state authorities.
Introduction
Internet is regarded as an important issue that shapes free expression in today’s volatile nature of human rights world (Momen 2020 ). In the digital age, authoritarian governments in the world always attempt to undermine political and social movement through the complete shutdown of the Internet or providing partial access to it. It is also found that the restrictions on freedom of expression on the Internet are through surveillance and monitoring the online activities. In response to any kind of political and social movement, authoritarian governments across the border occasionally shut down many websites, along with the arrest of several anti-government bloggers and political activists. However, under the international legal instruments, for instance, Universal Declaration of Human Rights (UDHR), denial of the...
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Ariffin, L. J. (2012). Rais backs Dr M call for curbs to Internet freedom . https://www.malaysia-today.net/2012/06/05/rais-backs-dr-m-call-for-curbs-to-internet-freedom/ . Accessed 10 June 2018.
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Momen, M.N. (2019). Freedom of expression in the Digital Age: Internet Censorship. In: Romaniuk, S., Thapa, M., Marton, P. (eds) The Palgrave Encyclopedia of Global Security Studies. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-74336-3_31-1
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Need for Internet Censorship and its Impact on Society Essay
Introduction, against civil rights, ignorance and misinformation, technically impossible, standardization, works cited.
The Internet is a worldwide electronic library with virtually any kind of information hence it is the greatest and most convenient source of information at the click of a button. Of all the diverse information available in the internet, some explicit information such as pornography, racism, ethnicity, crime and war are considered unethical and against strong virtues of the society.
The negative impacts of internet have raised many concerns over freedom of access and publishing of information, leading to the need to censor internet. Although censoring of internet can help in protecting virtues and culture, it is technically impossible, prohibits propagation of knowledge and against civil rights freedom of speech and press.
Internet censorship is against freedom of expression. The United States government attempted to control internet in 1996 when they passed Communication Decency Act but the Supreme Court made a landmark ruling that it is a violation of the First and Fifth Amendment of the Supreme Court (Valdes Cortes Para. 7).
According to the American Civil Liberties Union, the internet freedom deserves much protection as books, newspapers, magazines and even as a nude statue in a museum (Para. 1). Therefore, it is unconstitutional to censor internet because people have the inalienable rights of freedom of speech and press so long as the civil rights are protected for the interest of justice.
Since internet is the greatest source of knowledge, the censorship of internet denies people access to vital information required in order to acquire knowledge. Insufficient information in the current society will led to misinformation or ignorance that is quite unrealistic (Yee Para 4).
Misinformation and ignorance completely outweigh the negative consequences of the free internet; it is better to have options and choice on the kind of information than be ignorant and misinformed. Modern society is fighting to eliminate ignorance and misinformation that are key democratic aspects of an open society, free of deception and secrecy.
Internet censorship is a way of controlling the minds of people as they say knowledge is power hence, leaders who are in power wants to control and regulate information access by their subjects so that they can continue gain more power while the subjects become more ignorant on pertinent issues that affects their lives (Yee Para 6).
Internet has made it hard for leaders to guard selfishly the knowledge to be within their own reach thus they are making futile attempts to control the flow of information worldwide. Free access of information from the internet have significantly enabled people to gain more and more knowledge making them have informed decisions in the kind of information and challenges they face because ignorance is no longer an excuse of not making the right decision in life..
Internet information is so vast and diverse to the extent that it will be impossible to censor the information in it. Technically, due to the overwhelming data and consequent complex encryption protocols involved, plus other technical factors makes internet censorship impossible (Chapman 132). Internet protocols are designed in such a way to avoid or prevent blocking. Moreover, internet is very dynamic in that censorship will be as futile excise as chasing the wind.
The internet has no boundaries unlike laws and legislations that are specific to a given territory. The Communication Decency Act left many questions unanswered; what is decency and who will determine decency? Diverse cultures in the world have different perceptions of what is ethical or not, what is decent or not, but a censor may have a different perception of what constitutes decent or ethical.
The diversity of cultures and legislations a cross the countries makes it impossible to have a standard internet censorship. According to the Americans Civil Liberties Union, internet censorship need to be put on the hands of the individual so that they can have autonomy to decides on the information they access or publish (Para 2).
Internet censorship is a noble idea of trying to conserve our cultures and traditions, but on contrary, we also need knowledge to eliminate ignorance that seems to perpetuate in this modern society. The positive impacts of free internet access of any information, outweighs by far its negative effects in the society.
Today, a society without access to information seems be in a dark world full of ignorance and misinformation that makes people behave as if they are blind to the current world issues that directly affects them. It is our inalienable right to access and publish information and the freedom of speech and expression are the integral aspect of information.
A democratic and prosperous society is based on the access of the right information used in the making of informed decisions a better society. The freedom to access information must be fought for, otherwise; people in the power will take advantage of our innocence and deny us the right to information that is necessary to rid of the ignorance in the society.
American Civil Liberties Union. “Censorship on Internet.” ACLU. 2010. Web.
Chapman, Gary. “Censorship: Opposing Viewpoints”. 1997. Greenhaven Press . Web.
Valdes Cortes. “ Margarita. Internet Censorship around the World .” University of Chile. 2010. Web.
Yee, Danny. “Internet Censorship: an Australian Press Council Seminar.” Electronic Frontiers Australia . 2010. Web.
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Home — Essay Samples — Social Issues — Censorship — Pros And Cons Of Internet Censorship
Pros and Cons of Internet Censorship
- Categories: Censorship Freedom of Speech
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Published: Feb 8, 2022
Words: 1338 | Pages: 3 | 7 min read
Table of contents
Introduction, works cited, moral issue, security issue.
- Coleman, B. (2010). Hello China, goodbye freedom: The implications of internet censorship for political dissent in the 21st century. Vanderbilt Journal of Entertainment and Technology Law, 12(4), 891-914.
- Dutton, W. H., Reisdorf, B. C., Dubois, E., & Blank, G. (2017). The Internet trust bubble: Global values, beliefs, and practices. Oxford University Press.
- Foucault, M. (1995). Discipline and punish: The birth of the prison. Vintage Books.
- Gillespie, T. (2010). The politics of ‘platforms’. New Media & Society, 12(3), 347-364.
- Graff, G. (2013). Should we censor the internet? Yes. Intelligence Squared US Debates. Retrieved from https://www.intelligencesquaredus.org/debates/censoring-internet
- Leets, L. (2002). Digital activism: Reclaiming the streets of cyberspace. Gazette, 64(6), 461-476.
- Lessig, L. (2006). Code: Version 2.0. Basic Books.
- Qian, H., & Wu, X. (2019). An overview of internet censorship in China. Journal of Public Policy & Marketing, 38(1), 4-15.
- Rothstein, H. (2019). The benefits of censorship. In The Ethics and Politics of Speech (pp. 57-80). Springer.
- Zuckerman, E. (2014). Internet freedom: Beyond the stalemate. Journal of Democracy, 25(1), 5-17.
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Essay Samples on Internet Censorship
Stand against censorship: unveiling the dangers.
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Advantages and Disadvantages of Internet Censorship: Unveiling the Web
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The Negative Impacts of Censorship on the Internet
This paper will be primarily focused on the various problems stemming from the censorship of materials found on the internet. Extending from that, it will discuss the author’s opinions on the best possible way for the regulation of posts on the internet. Finally, this paper...
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Best topics on Internet Censorship
1. Stand Against Censorship: Unveiling the Dangers
2. Censorship Advantages and Disadvantages in the Media: My View
3. Internet Censorship: an In-Depth Look on the Pros and Cons
4. Advantages and Disadvantages of Internet Censorship: Unveiling the Web
5. The Negative Impacts of Censorship on the Internet
6. Censorship and Freedom of Speech Online
7. Limiting Human Independence by Abusing Censorship: List of Countries with Strict Censorship Laws
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Whether you need to write an argumentative or informative essay on censorship, you’re in the right place. In this article, we’ve collected best internet censorship essay topics, title ideas, research questions, together with paper examples.
Putting aside illegal content (child pornography, snuff films, etc.), most consumers do not want to be inundated with what Sarah Jeong has dubbed “the internet of garbage.” They do not want to be harassed, bullied, threatened, or spammed on the internet.
Internet surveillance systematically violates freedom of expression of its citizens. However, freedom of expression on the Internet remained constrained in Myanmar (Ziccardi 2013). The country has been under close observation in the recent years by many international human rights organizations.
Internet censorship is a noble idea of trying to conserve our cultures and traditions, but on contrary, we also need knowledge to eliminate ignorance that seems to perpetuate in this modern society. The positive impacts of free internet access of any information, outweighs by far its negative effects in the society.
When a government passes a law restricting what people or organizations can say, it is called censorship. Governments can censor anything, including spoken words, public or private written communication, communication via the internet, art, movies and entertainment, news media, and even advertising. Censorship is an extremely controversial ...
Drawing on a growing literature on Internet users’ reactions to censorship, I posit that awareness of censorship, incentives to seek out information, and resources to circumvent censorship are essential to resilience to censorship.
Internet censorship can filter content on the cyberspace and protect the youngster from harmful websites that lead to violence, pornography, and drug abuse. The inappropriate web data can debilitate youngster’s ethical cognizance and contaminate children’s moral.
Tim Arango from The New York Times states, “The government’s priorities in Internet censorship are protecting ‘the reputation of political figures’ and religious defamation cases.” Blasphemy toward holy personages, religious artifacts, and beliefs are forbidden in many countries, and by censoring the internet, they can continue to ...
Do you feel like you are being watched on while using the Internet? This essay argues against censorship, highlighting the dangers it poses to personal freedom and democracy, and provides examples of countries like China where censorship is used to control and manipulate the public....
One of the more controversial topics that involves the internet, is the censorship of the internet. Internet censorship can be defined as the control or suppression of what can be accessed, published or viewed on the internet.