Hello World,
following feedback we have received in the last few days, both from users and moderators, we are making some changes to clarify our ToS.
Before we get to the changes, we want to remind everyone that we are not a (US) free speech instance. We are not located in US, which means different laws apply. As written in our ToS, we're primarily subject to Dutch, Finnish and German laws. Additionally, it is our discretion to further limit discussion that we don't consider tolerable. There are plenty other websites out there hosted in US and promoting free speech on their platform. You should be aware that even free speech in US does not cover true threats of violence.
Having said that, we have seen a lot of comments removed referring to our ToS, which were not explicitly intended to be covered by our ToS. After discussion with some of our moderators we have determined there to be both an issue with the ambiguity of our ToS to some extent, but also lack of clarity on what we expect from our moderators.
We want to clarify that, when moderators believe certain parts of our ToS do not appropriately cover a specific situation, they are welcome to bring these issues up with our admin team for review, escalating the issue without taking action themselves when in doubt. We also allow for moderator discretion in a lot of cases, as we generally don't review each individual report or moderator action unless they're specifically brought to admin attention. This also means that content that may be permitted by ToS can at the same time be violating community rules and therefore result in moderator action. We have added a new section to our ToS to clarify what we expect from moderators.
We are generally aiming to avoid content organizing, glorifying or suggesting to harm people or animals, but we are limiting the scope of our ToS to build the minimum framework inside which we all can have discussions, leaving a broader area for moderators to decide what is and isn't allowed in the communities they oversee. We trust the moderators judgement and in cases where we see a gross disagreement between moderatos and admins' criteria we can have a conversation and reach an agreement, as in many cases the decision is case-specific and context matters.
We have previously asked moderators to remove content relating to jury nullification when this was suggested in context of murder or other violent crimes. Following a discussion in our team we want to clarify that we are no longer requesting moderators to remove content relating to jury nullification in the context of violent crimes when the crime in question already happened. We will still consider suggestions of jury nullification for crimes that have not (yet) happened as advocation for violence, which is violating our terms of service.
As always, if you stumble across content that appears to be violating our site or community rules, please use Lemmys report functionality. Especially when threads are very active, moderators will not be able to go through every single comment for review. Reporting content and providing accurate reasons for reports will help moderators deal with problematic content in a reasonable amount of time.
Legally you're right. But I think it sort of ignores the spirit of what that free speech should be and the reality it actually exists in. There are corporations that have reached a level of size and power comparable to governments. Plus the government in general is an arm of the capitalist class it represents. Most of the speech that happens today is on these privately owned services. To allow those large corporations to act as censors, it makes the protections on speech from government interference largely moot. Generalizing more, the way I put it is in America, you have freedom... if you can afford it. Sure, nobody is able to stop you from saying what you want to say. But you get to say it to a handful of people you know while a rich person gets to say it to millions of people through media channels and advertising. Sure everyone gets one vote, but if you're rich you can influence a lot more than one vote (and you can probably buy more than one vote of influence with whoever wins.) You may have the right to an abortion, but if you're poor you might not have the means to actually do it. People have the legal right to due process, but despite that, tons of cases end in plea deals or settlements because people don't have the means to be adequately represented in a legal case. When the US legally abolished (most) slavery, many of the freed slaves ended up as share croppers, not much better off or free than they were before because they didn't have the material means to exercise that freedom. Later, the US passed anti-discrimination laws. No more barring black people from living in some towns/neighborhoods. But despite that, the area I grew up in was still heavily segregated. Legal freedoms don't mean much if you don't have the economic freedom to exercise them.
Now, there's clearly a line. It seems obvious that say, if you had some private chat room it would be fine to kick people out of it for whatever reason. And at the extreme end we have these massive platforms acting which perform the role of a public service but in the hands of private interests. There I think there should be limits on what censorship they should be able to do. So where do you make the cutoff along that spectrum? Idk. I feel like a Lemmy instance is probably closer to a private chatroom than a social media corporation. They're small, they're not run for profit, and they're not engaged in any anti-competitive behavior. There's not that much stopping someone from moving to another instance or even making their own.