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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