Monday, September 17, 2012

On Web, a Fine Line on Free Speech Across the Globe

For Google last week, the decision was clear. An anti-Islamic video that provoked violence worldwide was not hate speech under its rules because it did not specifically incite violence against Muslims, even if it mocked their faith.

The White House was not so sure, and it asked Google to reconsider the determination, a request the company rebuffed.

Although the administration’s request was unusual, for Google, it represented the kind of delicate balancing act that Internet companies confront every day.

These companies, which include communications media like Facebook and Twitter, write their own edicts about what kind of expression is allowed, things as diverse as pointed political criticism, nudity and notions as murky as hate speech. And their employees work around the clock to check when users run afoul of their rules.

Google is not the only Internet company to grapple in recent days with questions involving the anti-Islamic video, which appeared on YouTube, which Google owns. Facebook on Friday confirmed that it had blocked links to the video in Pakistan, where it violates the country’s blasphemy law. A spokeswoman said Facebook had also removed a post that contained a threat to a United States ambassador, after receiving a report from the State Department; Facebook has declined to say in which country the ambassador worked.

“Because these speech platforms are so important, the decisions they take become jurisprudence,” said Andrew McLaughlin, who has worked for both Google and the White House. Most vexing among those decisions are ones that involve whether a form of expression is hate speech. Hate speech has no universally accepted definition, legal experts say. And countries, including democratic ones, have widely divergent legal approaches to regulating speech they consider to be offensive or inflammatory. (...)

Every company, in order to do business globally, makes a point of obeying the laws of every country in which it operates. Google has already said that it took down links to the incendiary video in India and Indonesia, because it violates local statutes.

But even as a company sets its own rules, capriciously sometimes and without the due process that binds most countries, legal experts say they must be flexible to strike the right balance between democratic values and law.

“Companies are benevolent rulers trying to approximate the kinds of decisions they think would be respectful of free speech as a value and also human safety,” said Jonathan Zittrain, a law professor at Harvard.

by Somini Sengupta, NY Times |  Read more:
Photo: Mohammad Ismail/Reuters