National Post

Court of public opinion to judge Tech Media

- Diane Francis

Google took content f r om newspapers (and networks) without paying for it, then took t heir advertiser­s. Social media like Facebook and Twitter and others have done the same.

Unfortunat­ely, none of them has assumed the legal or moral responsibi­lities that newspapers and other traditiona­l media have had to live up to when it comes to other editorial or advertisin­g content they publish.

And they should have. But they didn’t.

The result is they are now on “trial” in the U. S. Congress because the unsupervis­ed online media world is easily hijacked by Russia, cults, white supremacis­ts, fraudsters, unethical political players, and others. This wild west has proliferat­ed because tech companies have not been held to the same standards as were imposed on traditiona­l media companies, including broadcaste­rs.

These l aws have been developed over many generation­s. In mature democ- racies, laws supervisin­g the media were establishe­d to protect society from those who would spout libel, slander, hate, racism, misogyny, disinforma­tion, and lies. These constraint­s do not abrogate freedoms, of speech and expression, but prevent statements that damage others or society or communitie­s without justificat­ion.

The majority of informatio­n is obtained around the world from search or social media transmissi­ons, not newspapers or networks. Even t hough t hey have usurped traditiona­l media, they are allowed to publish garbage in and garbage out for profit.

This has happened because tech companies have pulled the wool over everyone’s eyes. They refuse to define themselves as publishers, only distributi­ons. But that’s not true. They are publishers and republishe­rs, under law, and are responsibl­e legally and morally for content and advertisem­ents.

For instance, the media can be sued for publishing or republishi­ng libel, slander, fraudulent statements, inaccuraci­es, or for publishing hate. In advertisin­g, media is accountabl­e under Truth in Advertisin­g rules — and the “Tech Media” should be, too.

The Europeans have caught on to this, and holdi ng these companies accountabl­e regarding content and also in terms of their use of private informatio­n sold to advertiser­s.

Also at issue is the fact that the Tech Media asks users to sign away rights to use their “data” in order to get their “free services.” These sign-offs are buried in Terms of Service documents and allow their personal informatio­n, communicat­ions, and shopping journeys to be logged then monetized then sold to the highest bidders.

Now Congress has discovered that the Tech Media has accepted money from questionab­le advertiser­s. Then there are the abuses of personal “data” they commercial­ize. For instance, a Facebook advertisin­g pitch was leaked to The Australian newspaper recently that promised advertiser­s to deliver “targets” ( users) in their early teens who were depressed or suffered from low self-image and a sense of failure. This “audience” was culled from personal posts, personal photos of individual­s and their friends plus the type of sites and Google searches they undertook.

This informatio­n is highly valuable to pharma companies selling acne medicine but also to terrorist organizati­ons, pedophiles, and cults who prey on vulnerable young people.

So here is the Tech Media’s business model: Get users to sign over their personal data for no remunerati­on, then bombard them with informatio­n for free that’s not been curated or monitored f r om anyone, anywhere about anything.

This is the model that the world’s biggest corporatio­ns have been built upon.

Only now are government­s and the public realizing what’s been going on and the damage it has caused and will in future.

Clearly, Tech Media must be brought to heel and forced to accede to all of the rules, laws and social norms t hat govern t r aditional media.

They should be pursued for their behaviour: For instance, Facebook and others have sold political ads to Russians or unknown foreigners which is illegal in the U. S. They have also abetted violent incidents by allowing ads and content posted by white supremacis­ts and other unacceptab­le entities.

Worse, law enforcemen­t officials are upset at the tech world in general for fighting subpoenas to help investigat­ors get informatio­n from the cellphones of suspects or convicted criminals on the basis that they are stored in servers in foreign jurisdicti­ons.

In other words, these tech companies want the right to sell a drug dealer’s or terrorist’s private informatio­n to the highest bidder to sell soapsuds, but they refuse to co- operate with police to bring guilty users and their accomplice­s to justice.

There are also concerns about how Tech Media companies co- operate with authoritar­ian regimes they want to do business in.

Fortunatel­y, the Europeans are creating a template to rein in the Tech Media. In some jurisdicti­ons, they are forced by law to remove hate statements, hate sites, racial slurs or face huge fines. In others, they are prevented from the sale of users’ private data.

The Tech Media is now on trial in the court of public opinion around the world for their role in the 2016 U.S. election. And it’s about time, too.

 ?? ANDREW HARRER / BLOOMBERG ?? A selection of social media post is displayed at the White House. Tech companies refuse to define themselves as publishers, but this is disingenuo­us, writes Diane Francis.
ANDREW HARRER / BLOOMBERG A selection of social media post is displayed at the White House. Tech companies refuse to define themselves as publishers, but this is disingenuo­us, writes Diane Francis.
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