[governance] Facebook profiles blocked and content removed in Brazil

Wed May 30 23:19:35 EDT 2012

On Thu, May 31, 2012 at 2:58 PM, Marilia Maciel <mariliamaciel at gmail.com>wrote:

> On Wed, May 30, 2012 at 10:17 PM, Salanieta T. Tamanikaiwaimaro <
> salanieta.tamanikaiwaimaro at gmail.com> wrote:
>
>>
>>>
>> Article 3 (7) on Facebook's Terms "You will not post content that: is
>> hateful, threatening, or pornographic; incites violence; or contains nudity
>> or graphic or gratuitous violence."
>> This is in line with the exceptions under Article 19 of the ICCPR as
>> explained by La Rue .Facebook Terms are found here:
>> http://www.facebook.com/legal/terms and most countries laws prohibit
>> hate speech, nudity etc.
>>
>
> Let's consider this for a minute. Little problem, though. What is "nudity"
> and which nudity should be forbidden by FB? Is a pornographic picture the
> same as a picture from the Slut Walk? The same as an old picture taken by
> an artist from a nude person (that was removed from FB as well)? The same
> as an expressionist painting with nude people? The same as a cartoon with
> nude characters? The same as a  picture from a 3 year old girl whose
> picture was posted in FB by their parents (and removed from FB as well,
> according to the news) because she was not wearing shirt? A company should
> not to be entitled to make this decision and enforce to all its users,
> across borders.
>

The debate on what is obscene has been raging for quite a long time and
well before I was born. Public morality in Brazil is different from Public
morality in United Arab Emirates or in Vanuatu. This is why it is well
settled international law at least for jurisdictions that have ratified the
ICCPR, that freedom of expression is not absolute and it comes with
responsibilities. Even in Tunisia recently a journalist and a newspaper was
reprimanded for having a famous footballer and a nude model in hand and
this was considered "obscene". The case citations that I posted show how
public morality has shifted over time and the various distinctions between
what is considered art versus indecent and obscene.

>
> What FB considered impropriate nudity would not be considered as such in
> many countries. So, without discussion, FB is abiding by the last common
> denominator. Of course, this is based of a market decision. It is better to
> take the content down than to face litigation. And this is exactly my
> point: companies make decisions based on profit, regardless of the public
> interest.
>

 What is public interest? Does it stem from the notion that freedom of
expression is an absolute right. What if facebook was merely trying to
comply with US laws and other countries laws that expressly prohibit
obscenity. In those countries, the people make their laws through the
parliament and one can say that they are legitimately exercising their
sovereign right to determine what is "acceptable" versus what is "not
acceptable" - do we then dare say that they are wrong. Every country has
the sovereign right and the people therein the sovereign right to determine
for themselves what is "public morality".

What FB is doing will potentially impact the way that younger generations
> will perceive liberty (including body expression and sexual liberty) and
> morality. And, in my country, FB is actually being more conservative than
> traditional media, endangering the progress we made on recent decades when
> it comes to body expression women's rights and sexual rights.
>

> Is it facebook that is being conservative? Afterall, they are merely
> trying to comply with the laws of the land. I think that if people have an
> issue, they should take it up with their respective Parliaments and have it
> debated. These comments are restricted to the "Freedom of Expression" but
> when it comes to "Privacy" and "misuse" of information and data - I have
> different views.
>

> I do not feel comfortable to place this sort of decision on FB's hands,
> with no chance of democratic debate, with no chance to scrutinize these
> policies they impinge on users.
>
> These are good discussions and Turkey and Thailand and the US make
fascinating studies.

> Best,
> Marília
>
>
>
>
>>  >
>>> > Some basic conclusions: a) rights, such as freedom of expression,
>>>
>>> Why would one who uses FB think they can express themselves outside of
>>> the FB ToS/AUP?
>>>
>>>
>>>  are being
>>> > restricted by the same platforms that are praised and known for
>>> enabling
>>> > their exercise; b) there is a privatization of Internet regulation,
>>> subtle,
>>> > based on contracts (terms of use)
>>>
>>> Would you argue that Internet companies have NO ToS?
>>>
>>>
>>> , but yet, dangerous; c) I see no adequate
>>> > forum where we should take this issue to be analized in a
>>> participatory and
>>> > balanced way in the global arena.
>>>
>>>
>>> Nor should there be IMHO.
>>>
>>>
>>> --
>>> Cheers,
>>>
>>> McTim
>>> "A name indicates what we seek. An address indicates where it is. A
>>> route indicates how we get there."  Jon Postel
>>>
>>
>>
>>
>> --
>> Salanieta Tamanikaiwaimaro aka Sala
>>
>> Tweeter: @SalanietaT
>> Skype:Salanieta.Tamanikaiwaimaro
>> Cell: +679 998 2851
>>
>>
>>
>>
>
>
> --
> Centro de Tecnologia e Sociedade
> FGV Direito Rio
>
> Center for Technology and Society
> Getulio Vargas Foundation
> Rio de Janeiro - Brazil
>

-- 
Salanieta Tamanikaiwaimaro aka Sala

Tweeter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Cell: +679 998 2851
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