ENCOURAGE USERS TO SPEAK FREELY

Promote diverse speech and speakers.

If your product or service allows users to interact with each other, it is in your best interest to encourage user expression. The more freedom your users have to express themselves freely, the more likely they are to interact deeply with your service, with lasting benefits to everyone involved.

“The internet should be open and available for all. That’s what net neutrality is about. It’s why people from across this country rose up to voice their frustration and anger with the Federal Communications Commission when it decided to ignore their wishes and roll back net neutrality." FCC Commissioner Jessica Rosenworcel on FCC's Latest Action to Harm Net Neutrality, Oct. 5, 2020.

ALLOW SPEECH REGARDLESS OF TOPIC OR VIEWPOINT
To build the widest possible user base, your service should let users discuss the topics they choose and express their own viewpoints. Encouraging debate rather than stifling dissent can produce a vibrant and compelling dialogue that engages existing users and attracts new ones. On the other hand, efforts to censor user speech can generate bad press and outrage users.
Case Study

Apple Walks Back Anti-CSAM Feature Over Surveillance Concerns

Apple ultimately took the right step to safeguard user privacy, security, and free speech by scrapping a controversial plan to scan users’ iCloud accounts to flag content (such photos sent over iMessage) that may be ab

Apple ultimately took the right step to safeguard user privacy, security, and free speech by scrapping a controversial plan to scan users’ iCloud accounts to flag content (such photos sent over iMessage) that may be abusive or exploitative. The initial announcement had been met with widespread criticism, with over 90 civil rights and policy groups and security experts condemning the mechanism as a problematic surveillance technology that would undermine the privacy and security of Apple customers. After this extensive public backlash, Apple put its plan on hold and then announced in 2022 that it would not move forward. The company committed to finding other ways to help prevent child sexual abuse material while preserving its users right to privacy and free speech.

Case Study

Facebook Censors Expression of LGBTQ Love

Facebook has been criticized for disparities in its treatment of content by created by LGBTQ users.

Facebook has been criticized for disparities in its treatment of content by created by LGBTQ users. For example, in 2020, Facebook repeatedly rejected a band’s advertisement which featured an image of two women with their foreheads touching. Facebook labelled the content ‘adult content’ and ‘sexually explicit,’ but approved a similar ad portraying a heterosexual couple. Other LGBTQ creators have come forward with similar discriminatory experiences, leading users to feel targeted because of their identities. Civil rights organizations have called on platforms to “learn to behave like real allies and consider the impact their policies and practices will have on the very communities they claim to support.”

ALLOW USERS TO SPEAK ANONYMOUSLY OR PSEUDONYMOUSLY
Many of your users may have important reasons for remaining anonymous or pseudonymous, whether they are domestic violence survivors, transgender people, or whistleblowers reporting an abuse of power. Other users may simply wish to access and share information without fear of harassment or embarrassment. Even if persistent identities are important for your service, allowing users to use pseudonyms can accomplish that while protecting users from harm and encouraging them to participate more deeply.
Case Study

Twitter Publicly Praised After Standing Up for Political Critics

In 2010 Twitter was applauded for standing up for two anonymous users who were frequent critics of Pennsylvania Attorney General and gubernatorial candidate Tom Corbett.

When Twitter received a subpoena from Pennsylvania prosecutors seeking the identities of the users, it notified the users and gave them a chance to object rather than immediately complying with the demand. The demand was withdrawn after the incident received substantial press coverage and the ACLU intervened. Twitter emerged as one of the heroes of the story for giving its users an opportunity to defend their anonymity.

Case Study

Avvo Gets Rave Reviews for Protecting Anonymous Speech

Online lawyer-rating website Avvo was credited with a “landmark” win protecting “your right to anonymity” after it fought a demand to turn over information about a user who had posted a negative review.

Online lawyer-rating website Avvo was credited with a “landmark” win protecting “your right to anonymity” after it fought a demand to turn over information about a user who had posted a negative review. When Avvo received the demand, it contacted the reviewer, who provided information proving to Avvo’s satisfaction that the reviewer had been one of the lawyer’s clients. Avvo then challenged the demand in court, ultimately earning recognition for winning “a victory for anonymous commenters.

Case Study

Google Defends Users’ Rights to Remain Anonymous Online

Google stood up for the anonymous speech rights of its users when a wealthy pharmaceutical tycoon tried to use a foreign relations law to unmask an anonymous, American Gmail user who had sent critical emails. Google filed a

Google stood up for the anonymous speech rights of its users when a wealthy pharmaceutical tycoon tried to use a foreign relations law to unmask an anonymous, American Gmail user who had sent critical emails. Google filed a motion to quash arguing that American speakers, like Doe, are protected by the First Amendment, which protects the right to speak anonymously and to criticize others. The tycoon retreated and withdrew his subpoena. 

AVOID ACTIVELY MONITORING USER COMMUNICATIONS
If your service attempts to profile users by intercepting email, private messages, or other forms of communication, it may not only invade users’ privacy but also discourage users from communicating freely on your platform. Encourage your users to freely express themselves by making it clear that you will not monitor their online communications.
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