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April 1 2019 Indian Newslink Digital Edition

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APRIL 1, <strong>2019</strong><br />

10 Christchurch Massacre<br />

Businesslink<br />

Christchurch massacre presents case for regulating Social Media<br />

Paul Brislen<br />

Calls for social media to be<br />

regulated have escalated<br />

following their failure to<br />

act decisively in the public<br />

interest during the terror attacks<br />

in Christchurch.<br />

The cry has been growing ever<br />

louder over the past few years.<br />

We have seen Facebook refuse<br />

to attend UK parliamentary<br />

sessions to discuss its role in<br />

the Cambridge Analytica affair,<br />

watched its CEO testify but not<br />

exactly add any clarity to inquiries<br />

into Russian interference in<br />

the US election, and seen the<br />

company accused of failing to<br />

combat the spread of hate speech<br />

amid violence in Myanmar.<br />

US representatives are now<br />

openly talking about how to<br />

break up the company and our<br />

own prime minister has suggested<br />

that if Facebook can’t find a<br />

way to manage itself, she will.<br />

The offshore issue<br />

But how do we regulate<br />

companies that don’t have offices<br />

in New Zealand (aside from the<br />

odd sales department) and that<br />

base their rights and responsibilities<br />

on another country’s legal<br />

system?<br />

And if we are going to regulate<br />

them, how do we do it in such<br />

a way as to avoid trampling on<br />

users’ civil rights but makes sure<br />

we never see a repeat of the<br />

events of March 15?<br />

Politicians have traditionally<br />

been rubbish at regulating the<br />

internet, and not just local ones.<br />

While the EU got its laws regarding<br />

privacy absolutely right it is<br />

also currently grappling with two<br />

new regulations that will destroy<br />

the ability to share content<br />

online because it doesn’t seem to<br />

fully appreciate how the internet<br />

actually works. And then there’s<br />

Australia, which has introduced<br />

controversial new laws about<br />

encryption.<br />

Inherent risks<br />

There is every danger that<br />

we will overstep the mark and<br />

regulate the social media and<br />

tech giants in such a way as to<br />

make our own lives worse than<br />

they were before, and that’s<br />

something that needs to be taken<br />

into account before we start.<br />

Let us start by making it clear<br />

that if these companies want to<br />

operate in New Zealand, they<br />

must abide by New Zealand law.<br />

Shouldn’t be too hard since they<br />

all say “oh yes, we always operate<br />

under local legal constraints”<br />

wherever they are in the world.<br />

In Germany, for instance,<br />

with its harsh penalties around<br />

Holocaust deniers and Nazi<br />

symbols, Twitter and Facebook<br />

and Instagram and all the rest<br />

manage to avoid upsetting people<br />

on a regular basis by filtering out<br />

such content on a regular basis.<br />

If they can do it in Germany, they<br />

can do it here.<br />

So what laws do we currently<br />

have in place that might provide<br />

a platform to work from?<br />

Current Legislation<br />

In New Zealand we have the<br />

Films, Videos and Publications<br />

Act to protect us from the type<br />

of content nobody really wants<br />

to see. If the content meets the<br />

criteria, it’s deemed objectionable<br />

and anyone caught with it, or<br />

caught sharing it, can expect a<br />

hefty fine and jail time.<br />

But prosecuting individuals<br />

caught actively sharing the<br />

video of the Christchurch mosque<br />

shootings under the Act isn’t likely<br />

to prompt changes in the social<br />

media platforms themselves.<br />

We could start by making<br />

this Act more applicable to the<br />

content hosts as well as to the<br />

uploaders. Currently, under the<br />

Harmful <strong>Digital</strong> Communications<br />

Act there is a safe harbour<br />

arrangement. If you do the right<br />

thing by the law and act quickly<br />

to remove the content, we’ll let<br />

you go about your business. I<br />

would like to see that beefed up.<br />

Let us see how quickly they can<br />

respond, make it mandatory to<br />

report on a quarterly basis how<br />

many complaints they receive<br />

about content and how they acted<br />

on each complaint.<br />

Fixing time frames<br />

Let us put a time frame in - say<br />

24 hours to assess and remove<br />

content. Let us put in some real<br />

incentives as well - rather than a<br />

$10,000 fine let’s move to a model<br />

that will really get their attention.<br />

How about $50 million or 4% of<br />

global revenue per offence?<br />

Let us not leave the decision-making<br />

on what is and is not<br />

objectionable up to of minimum<br />

wage monitors based in the US<br />

who do not know New Zealand<br />

laws.<br />

Let us require that the community<br />

standards applied to New<br />

Zealand content for New Zealand<br />

users are based on New Zealand<br />

law.<br />

And if we are going to have live<br />

streaming video footage uploaded<br />

by anonymous individuals, let’s<br />

have a look at how best we can<br />

monitor and manage that. All<br />

video to be tagged with a hash, for<br />

starters. This is a couple of lines<br />

of code that identify the video<br />

so if it needs to be pulled from<br />

public view it can be found and<br />

removed quickly.<br />

Moderators required<br />

And let us have actual moderators<br />

looking at actual live feeds<br />

with the power to hit the “dump”<br />

button and remove content if<br />

it’s offensive. Social media is<br />

fantastically quick to remove<br />

copyright material (and indeed<br />

material that it thinks is covered<br />

by copyright law) but incredibly<br />

slow to act on everything else so<br />

let’s change that dynamic.<br />

Let us hold senior leaders to<br />

account for any breaches of the<br />

law - just as we have introduced<br />

personal liability for company<br />

directors.<br />

Our Privacy Act<br />

Privacy is an area that needs<br />

strengthening as well.<br />

Our Privacy Act is currently<br />

being reviewed but in light<br />

of the events of last week it<br />

probably needs to be looked at<br />

Logistics is the line between Order and Disorder<br />

through a new lens. The Privacy<br />

Commissioner needs to be able to<br />

act decisively and act with some<br />

force.<br />

While we are at it, let us<br />

introduce a tougher financial<br />

reporting regime. Facebook made<br />

around $800 million from New<br />

Zealand users last year so let us<br />

see it pay tax locally.<br />

There is work underway on this<br />

– I would like to see it accelerated<br />

and scaled up significantly.<br />

Ideally we would work with our<br />

counterparts around the globe.<br />

We need to work together with<br />

other jurisdictions to make sure<br />

these companies are compliant<br />

and don’t simply move virtually<br />

to another location.<br />

Social Licence<br />

All companies operate under a<br />

social licence. We give Facebook<br />

and Twitter, Instagram and<br />

WhatsApp a huge amount of data<br />

about us and they make a huge<br />

amount of money from us, and<br />

most of that is because we allow<br />

them to.<br />

If they are not going to play<br />

fairly then the ultimate penalty<br />

is to take our ball and go home<br />

- uninstalling the app, refusing<br />

to pay for advertising, removing<br />

ourselves from the equation may<br />

be the only option that actually<br />

makes a difference.<br />

But let us try the regulatory<br />

approach first.<br />

Paul Brislen is a Technology<br />

Commentator. The above<br />

article, which appeared on<br />

Radio New Zealand website, has<br />

been reproduced here under a<br />

Special Agreement with www.<br />

rnz.co.nz<br />

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