(written up with Nikki Usher, GWU)
Anyone tackling fieldwork these days can chose from a wide selection of digital tools to put in their methodological toolkit. Among the best of these tools are platforms that let you archive, analyze, and disseminate at the same time. It used to be that these were fairly distinct stages of research, especially for the most positivist among us. You came up with research questions, chose a field site, entered the field site, left the field site, analyzed your findings, got them published, and shared your research output with friends and colleagues.
But the post-positivist approach that many of us like involves adapting your research questions—reflexively and responsively—while doing fieldwork. Entering and leaving your field site is not a cool, clean and complete process. We analyze findings as we go, and involve our research subjects in the analysis. We publish, but often in journals or books that can’t reproduce the myriad digital artifacts that are meaningful in network ethnography. Actor network theory, activity theory, science and technology studies and several other modes of social and humanistic inquiry approach research as something that involves both people and devices. (Yes yes we know but these wikipedia entries aren’t bad.) Moreover, the dissemination of work doesn’t have to be something that happens after publication or even at the end of a research plan.
Nikki’s work involves qualitative ethnographic work at field sites where research can last from five months to a brief week visit to a quick drop in day. She learned the hard way from her research for Making News at The New York Times that failing to find a good way to organize and capture images was a missed opportunity post-data collection. Since then, Nikki’s been using Pinterest for fieldwork image gathering quite a bit. Phil’s work on The Managed Citizen was set back when he lost two weeks of field notes on the chaotic floor of the Republican National Convention in 2000 (security incinerates all the detritus left by convention goers). He’s been digitizing field observations ever since.
Some people put together personal websites about their research journey. Some share over Twitter. And there are plenty of beta tools, open source or otherwise, that people play with. We’ve both enjoyed using Pinterest for our research projects. Here are some points on how we use it and why we like it.
How To Use It
- When you start, think of this as your research tool and your resource. If you dedicate yourself to this as your primary archiving system for digital artifacts you are more likely to build it up over time. If you think of this as a social media publicity gimmick for your research, you’ll eventually lose interest and it is less likely to be useful for anyone else.
- Integrate it with your mobile phone because this amps up your capacity for portable, taggable, image data collection.
- Link the board posts to Twitter or your other social media feeds. Pinterest itself isn’t that lively a place for researchers yet. The people who want to visit your Pinterest page are probably actively following your activities on other platforms so be sure to let content flow across platforms.
- Pin lots of things, and lots of different kinds of things. Include decent captions though be aware that if you are feeding Twitter you need to fit character limits.
- Use it to collect images you have found online, images you’ve taken yourself during your fieldwork, and invite the communities you are working with to contribute.
- Backup and export things once in a while for safe keeping. There is no built-in export function, but there are a wide variety of hacks and workarounds for transporting your archive.
What You Get
- Pinterest makes it easy to track the progress of the image data you gather. You may find yourself taking more photos in the field because they can be easily arranged, saved and categorized.
- Using it regularly adds another level of data as photos and documents captured on phone and then added on Pinterest can be quickly field captioned and then re-catalogued, giving you a chance to review the visual and built environment of your field site and interrogate your observations afresh.
- Visually-enhanced constant comparative methods: post-data collection, you can go beyond notes to images and captions that are easily scanned for patterns and points of divergence. This may be going far beyond what Glaser and Strauss had imagined, of course.
- Perhaps most important, when you forget what something looks like when you’re writing up your results, you’ve got an instant, easily searchable database of images and clues to refresh your memory.
Why We Like It
- It’s great for spontaneous presentations. Images are such an important part of presenting any research. Having a quick publically accessible archive of content allows you to speak, on the fly, about what you are up to. You can’t give a tour of your Pinterest page for a job talk. But having the resource there means you can call on images quickly during a Q&A period, or quickly load something relevant on a phone or browser during a casual conversation about your work.
- It gives you a way to interact with subjects. Having the Pinterest link allows you to show a potential research subject what you are up to and what you are interested in. During interviews it allows you to engage people on their interpretation of things. Having visual prompts handy can enrich and enliven any focus group or single subject interview. These don’t only prompt further conversation, they can prompt subjects to give you even more links, images, videos and other digital artifacts.
- It makes your research interests transparent. Having the images, videos and artifacts for anyone to see is a way for us to show what we are doing. Anyone with interest in the project and the board link is privy to our research goals. Our Pinterest page may be far less complicated than many of our other efforts to explain our work to a general audience.
- You can disseminate as you go. If you get the content flow right, you can tell people about your research as you are doing it. Letting people know about what you are working on is always a good career strategy. Giving people images rather than article abstracts and draft chapters gives them something to visualize and improves the ambient contact with your research community
- It makes digital artifacts more permanent. As long as you keep your Pinterest, what you have gathered can become a stable resource for anyone interested in your subjects. As sites and material artifacts change, what you have gathered offers a permanent and easily accessible snapshot of a particular moment of inquiry for posterity.
One of us is a Windows Phone user (yes really) and it would be great if there was a real Pinterest app for the Windows Phone. One touch integration from the iPhone, much like Twitter, Facebook, and Flicker from the camera roll would be great (though there is an easy hack).
We wish it would be easier to have open, collaborative boards. Right now, the only person who can add to a board is you, at least at first. You can invite other people to join a “group board” via email, but Pinterest does not have open boards that allow anyone with a board link to add content.
Must-reads for how to study people’s online behavior (and navigate the ethical challenges that entails!)
I realized after posting my thoughts on how to think about social media as a site of human interaction (and all the ethical and methodological implications of doing so) that I forgot to leave links to what are, bar none, the best resources on the planet for policy makers, researchers, and the general public thinking through all this stuff.
Run, don’t walk, to download copies of the following must-reads:
Charles Ess and the AOIR Ethics Committee (2002). Ethical decision-making and Internet research: Recommendations from the AoIR ethics working committee. Approved by the Association of Internet Researchers, November 27, 2002. Available at: http://aoir.org/reports/ethics.pdf
Annette Markham and Elizabeth Buchanan (2012). Ethical decision-making and Internet research: Recommendations from the AoIR ethics working committee (version 2.0). Approved by the Association of Internet Researchers, December 2012. Available at: http://aoir.org/reports/ethics2.pdf
I have the privilege of spending the year as a visiting researcher with the social media researchers at Microsoft Research New England. And for the last two weeks or so, its been a particularly stimulating time to be among them. Spurred by the controversial Facebook emotions study and the vigorous debate surrounding it, there’s been a great deal of discussion in the lab and beyond it.
A number of us have also joined the debate publicly, posting here as well as in other places. Rather than re-post each one individually here, I thought I’d collect them into a single post, as they have in many ways emerged from our thinking together.
danah boyd: What does the Facebook experiment teach us?: “What’s at stake is the underlying dynamic of how Facebook runs its business, operates its system, and makes decisions that have nothing to do with how its users want Facebook to operate. It’s not about research. It’s a question of power.”
Kate Crawford: The Test We Can—and Should—Run on Facebook (in The Atlantic): “It is a failure of imagination and methodology to claim that it is necessary to experiment on millions of people without their consent in order to produce good data science.”
Tarleton Gillespie: Facebook’s algorithm — why our assumptions are wrong, and our concerns are right (on Culture Digitally): “But a key issue, both in the research and in the reaction to it, is about Facebook and how it algorithmically curates our social connections, sometimes in the name of research and innovation, but also in the regular provision of Facebook’s service.”
Andrés Monroy-Hernández: A system designer’s take on the Facebook study – a response to danah boyd’s blog post: “…it’s important that we do not throw out the baby out with the bath water. I do not want to see the research community completely avoiding experimental research in online systems.”
Mary L. Gray: When Science, Customer Service, and Human Subjects Research Collide. Now What? (on Ethnography Matters): “My brothers and sisters in data science, computational social science, and all of us studying and building the Internet of things inside or outside corporate firewalls, to improve a product, explore a scientific question, or both: we are now, officially, doing human subjects research.”
There have also been comments on the issue from other scholars at Microsoft Research, including:
Jaron Lanier, MSR Redmond. Should Facebook Manipulate Users? (The New York Times)
Duncan Watts, MSR New York. Stop complaining about the Facebook study. It’s a golden age for research (The Guardian) and Lessons learned from the Facebook study (Chronicle of Higher Ed)
Matt Salganik, MSR New York. After the Facebook emotional contagion experiment: A proposal for a positive path forward (Freedom to Tinker)
Last week I sent an email reply to danah boyd in response to her thoughtful post about the Facebook study. She encouraged me to post it publicly, but I was a bit scared by the viciousness and panic of the reactions. At the same time, I worried that the silence of people who do research in social computing (often relying on designing, building, and releasing systems for people to use) would be counterproductive in the long run.
Along with other colleagues in the social computing community who are writing their own take on this topic [1,2], my hope is that, together, our voices are heard along with the voices of those who have dominated the discussion so far, those whose research is mainly rhetorical.
So here is my (slightly edited) response to danah:
danah, I enjoyed your post. While critical, it didn’t have the panic tone that has bothered me so much from other articles. Also, I liked that it looks beyond the Facebook experiment itself.
I liked this part where you talk about beneficence and maleficence in research: Getting children to talk about these awful experiences can be quite psychologically tolling. Yet, better understanding what they experienced has huge benefits for society. So we make our trade-offs and we do research that can have consequences.
I liked it because it’s important that we do not throw out the baby out with the bath water. I do not want to see the research community completely avoiding experimental research in online systems. As a designer and someone who has done this type of work, I do want to engage in ethics discussions that go beyond IRBs and liability. I want to engage in discussions with my peers about the experiments I do. I don’t want to feel scared of proposing studies, or witch hunted like our colleagues in the Facebook Data Science team. I want to work with colleagues in figuring out if the risks involved in my work are worth the knowledge we could obtain. I also don’t want to feel paralyzed and having to completely avoid risky but valuable research. The way the Facebook experiment has been framed, feels almost like we’re talking about Milgram or Tuskegee. To be honest, this whole experience made me wonder if I want to publish every finding we have in our work to the academic community, or to keep it internally within product teams.
If anything, studies like this one allow us to learn more about the power and limitations of these platforms. For that, I am grateful to the authors. But I am not going to defend the paper, as I have no idea what went through the researchers head when they were doing it. I do feel that it could be defended, and it’s a shame that the main author seems to have been forced to come out and apologize, without engaging in a discussion about the work and the thinking process that it went through.
The other piece of your post that left me thinking is the one about power, which echoes what Zeynep Tufekci had written about too:
This study isn’t really what’s at stake. What’s at stake is the underlying dynamic of how Facebook runs its business, operates its system, and makes decisions that have nothing to do with how its users want Facebook to operate. It’s not about research. It’s a question of power.
I agree, every social computing system gives power to its designers. This power is also a function of scale and openness. It makes me wonder how one might take these two variables into consideration when assessing research in this space. For example, why did the Wikipedia A/B testing of their fundraising banner did not seem to raise concerns ? Similarly, this experiment on Wikipedia without informed consent did not raise any flags either. Could it be partly because of how open the Wikipedia community is to making decisions about their internal processes? I think the publication of the Facebook emotion study is a step towards this openness, which is why I think the reaction to it is unfortunate.
I’m intrigued by the reaction that has unfolded around the Facebook “emotion contagion” study. (If you aren’t familiar with this, read this primer.) As others have pointed out, the practice of A/B testing content is quite common. And Facebook has a long history of experimenting on how it can influence people’s attitudes and practices, even in the realm of research. An earlier study showed that Facebook decisions could shape voters’ practices. But why is it that *this* study has sparked a firestorm?
In asking people about this, I’ve been given two dominant reasons:
- People’s emotional well-being is sacred.
- Research is different than marketing practices.
I don’t find either of these responses satisfying.
The Consequences of Facebook’s Experiment
Facebook’s research team is not truly independent of product. They have a license to do research and publish it, provided that it contributes to the positive development of the company. If Facebook knew that this research would spark the negative PR backlash, they never would’ve allowed it to go forward or be published. I can only imagine the ugliness of the fight inside the company now, but I’m confident that PR is demanding silence from researchers.
I do believe that the research was intended to be helpful to Facebook. So what was the intended positive contribution of this study? I get the sense from Adam Kramer’s comments that the goal was to determine if content sentiment could affect people’s emotional response after being on Facebook. In other words, given that Facebook wants to keep people on Facebook, if people came away from Facebook feeling sadder, presumably they’d not want to come back to Facebook again. Thus, it’s in Facebook’s better interest to leave people feeling happier. And this study suggests that the sentiment of the content influences this. This suggests that one applied take-away for product is to downplay negative content. Presumably this is better for users and better for Facebook.
We can debate all day long as to whether or not this is what that study actually shows, but let’s work with this for a second. Let’s say that pre-study Facebook showed 1 negative post for every 3 positive and now, because of this study, Facebook shows 1 negative post for every 10 positive ones. If that’s the case, was the one week treatment worth the outcome for longer term content exposure? Who gets to make that decision?
Folks keep talking about all of the potential harm that could’ve happened by the study – the possibility of suicides, the mental health consequences. But what about the potential harm of negative content on Facebook more generally? Even if we believe that there were subtle negative costs to those who received the treatment, the ongoing costs of negative content on Facebook every week other than that 1 week experiment must be more costly. How then do we account for positive benefits to users if Facebook increased positive treatments en masse as a result of this study? Of course, the problem is that Facebook is a black box. We don’t know what they did with this study. The only thing we know is what is published in PNAS and that ain’t much.
Of course, if Facebook did make the content that users see more positive, should we simply be happy? What would it mean that you’re more likely to see announcements from your friends when they are celebrating a new child or a fun night on the town, but less likely to see their posts when they’re offering depressive missives or angsting over a relationship in shambles? If Alice is happier when she is oblivious to Bob’s pain because Facebook chooses to keep that from her, are we willing to sacrifice Bob’s need for support and validation? This is a hard ethical choice at the crux of any decision of what content to show when you’re making choices. And the reality is that Facebook is making these choices every day without oversight, transparency, or informed consent.
Algorithmic Manipulation of Attention and Emotions
Facebook actively alters the content you see. Most people focus on the practice of marketing, but most of what Facebook’s algorithms do involve curating content to provide you with what they think you want to see. Facebook algorithmically determines which of your friends’ posts you see. They don’t do this for marketing reasons. They do this because they want you to want to come back to the site day after day. They want you to be happy. They don’t want you to be overwhelmed. Their everyday algorithms are meant to manipulate your emotions. What factors go into this? We don’t know.
Facebook is not alone in algorithmically predicting what content you wish to see. Any recommendation system or curatorial system is prioritizing some content over others. But let’s compare what we glean from this study with standard practice. Most sites, from major news media to social media, have some algorithm that shows you the content that people click on the most. This is what drives media entities to produce listicals, flashy headlines, and car crash news stories. What do you think garners more traffic – a detailed analysis of what’s happening in Syria or 29 pictures of the cutest members of the animal kingdom? Part of what media learned long ago is that fear and salacious gossip sell papers. 4chan taught us that grotesque imagery and cute kittens work too. What this means online is that stories about child abductions, dangerous islands filled with snakes, and celebrity sex tape scandals are often the most clicked on, retweeted, favorited, etc. So an entire industry has emerged to produce crappy click bait content under the banner of “news.”
Guess what? When people are surrounded by fear-mongering news media, they get anxious. They fear the wrong things. Moral panics emerge. And yet, we as a society believe that it’s totally acceptable for news media – and its click bait brethren – to manipulate people’s emotions through the headlines they produce and the content they cover. And we generally accept that algorithmic curators are perfectly well within their right to prioritize that heavily clicked content over others, regardless of the psychological toll on individuals or the society. What makes their practice different? (Other than the fact that the media wouldn’t hold itself accountable for its own manipulative practices…)
Somehow, shrugging our shoulders and saying that we promoted content because it was popular is acceptable because those actors don’t voice that their intention is to manipulate your emotions so that you keep viewing their reporting and advertisements. And it’s also acceptable to manipulate people for advertising because that’s just business. But when researchers admit that they’re trying to learn if they can manipulate people’s emotions, they’re shunned. What this suggests is that the practice is acceptable, but admitting the intention and being transparent about the process is not.
But Research is Different!!
As this debate has unfolded, whenever people point out that these business practices are commonplace, folks respond by highlighting that research or science is different. What unfolds is a high-browed notion about the purity of research and its exclusive claims on ethical standards.
Do I think that we need to have a serious conversation about informed consent? Absolutely. Do I think that we need to have a serious conversation about the ethical decisions companies make with user data? Absolutely. But I do not believe that this conversation should ever apply just to that which is categorized under “research.” Nor do I believe that academe is necessarily providing a golden standard.
Academe has many problems that need to be accounted for. Researchers are incentivized to figure out how to get through IRBs rather than to think critically and collectively about the ethics of their research protocols. IRBs are incentivized to protect the university rather than truly work out an ethical framework for these issues. Journals relish corporate datasets even when replicability is impossible. And for that matter, even in a post-paper era, journals have ridiculous word count limits that demotivate researchers from spelling out all of the gory details of their methods. But there are also broader structural issues. Academe is so stupidly competitive and peer review is so much of a game that researchers have little incentive to share their studies-in-progress with their peers for true feedback and critique. And the status games of academe reward those who get access to private coffers of data while prompting those who don’t to chastise those who do. And there’s generally no incentive for corporates to play nice with researchers unless it helps their prestige, hiring opportunities, or product.
IRBs are an abysmal mechanism for actually accounting for ethics in research. By and large, they’re structured to make certain that the university will not be liable. Ethics aren’t a checklist. Nor are they a universal. Navigating ethics involves a process of working through the benefits and costs of a research act and making a conscientious decision about how to move forward. Reasonable people differ on what they think is ethical. And disciplines have different standards for how to navigate ethics. But we’ve trained an entire generation of scholars that ethics equals “that which gets past the IRB” which is a travesty. We need researchers to systematically think about how their practices alter the world in ways that benefit and harm people. We need ethics to not just be tacked on, but to be an integral part of how *everyone* thinks about what they study, build, and do.
There’s a lot of research that has serious consequences on the people who are part of the study. I think about the work that some of my colleagues do with child victims of sexual abuse. Getting children to talk about these awful experiences can be quite psychologically tolling. Yet, better understanding what they experienced has huge benefits for society. So we make our trade-offs and we do research that can have consequences. But what warms my heart is how my colleagues work hard to help those children by providing counseling immediately following the interview (and, in some cases, follow-up counseling). They think long and hard about each question they ask, and how they go about asking it. And yet most IRBs wouldn’t let them do this work because no university wants to touch anything that involves kids and sexual abuse. Doing research involves trade-offs and finding an ethical path forward requires effort and risk.
It’s far too easy to say “informed consent” and then not take responsibility for the costs of the research process, just as it’s far too easy to point to an IRB as proof of ethical thought. For any study that involves manipulation – common in economics, psychology, and other social science disciplines – people are only so informed about what they’re getting themselves into. You may think that you know what you’re consenting to, but do you? And then there are studies like discrimination audit studies in which we purposefully don’t inform people that they’re part of a study. So what are the right trade-offs? When is it OK to eschew consent altogether? What does it mean to truly be informed? When it being informed not enough? These aren’t easy questions and there aren’t easy answers.
I’m not necessarily saying that Facebook made the right trade-offs with this study, but I think that the scholarly reaction of research is only acceptable with IRB plus informed consent is disingenuous. Of course, a huge part of what’s at stake has to do with the fact that what counts as a contract legally is not the same as consent. Most people haven’t consented to all of Facebook’s terms of service. They’ve agreed to a contract because they feel as though they have no other choice. And this really upsets people.
A Different Theory
The more I read people’s reactions to this study, the more that I’ve started to think that the outrage has nothing to do with the study at all. There is a growing amount of negative sentiment towards Facebook and other companies that collect and use data about people. In short, there’s anger at the practice of big data. This paper provided ammunition for people’s anger because it’s so hard to talk about harm in the abstract.
For better or worse, people imagine that Facebook is offered by a benevolent dictator, that the site is there to enable people to better connect with others. In some senses, this is true. But Facebook is also a company. And a public company for that matter. It has to find ways to become more profitable with each passing quarter. This means that it designs its algorithms not just to market to you directly but to convince you to keep coming back over and over again. People have an abstract notion of how that operates, but they don’t really know, or even want to know. They just want the hot dog to taste good. Whether it’s couched as research or operations, people don’t want to think that they’re being manipulated. So when they find out what soylent green is made of, they’re outraged. This study isn’t really what’s at stake. What’s at stake is the underlying dynamic of how Facebook runs its business, operates its system, and makes decisions that have nothing to do with how its users want Facebook to operate. It’s not about research. It’s a question of power.
I get the anger. I personally loathe Facebook and I have for a long time, even as I appreciate and study its importance in people’s lives. But on a personal level, I hate the fact that Facebook thinks it’s better than me at deciding which of my friends’ posts I should see. I hate that I have no meaningful mechanism of control on the site. And I am painfully aware of how my sporadic use of the site has confused their algorithms so much that what I see in my newsfeed is complete garbage. And I resent the fact that because I barely use the site, the only way that I could actually get a message out to friends is to pay to have it posted. My minimal use has made me an algorithmic pariah and if I weren’t technologically savvy enough to know better, I would feel as though I’ve been shunned by my friends rather than simply deemed unworthy by an algorithm. I also refuse to play the game to make myself look good before the altar of the algorithm. And every time I’m forced to deal with Facebook, I can’t help but resent its manipulations.
There’s also a lot that I dislike about the company and its practices. At the same time, I’m glad that they’ve started working with researchers and started publishing their findings. I think that we need more transparency in the algorithmic work done by these kinds of systems and their willingness to publish has been one of the few ways that we’ve gleaned insight into what’s going on. Of course, I also suspect that the angry reaction from this study will prompt them to clamp down on allowing researchers to be remotely public. My gut says that they will naively respond to this situation as though the practice of research is what makes them vulnerable rather than their practices as a company as a whole. Beyond what this means for researchers, I’m concerned about what increased silence will mean for a public who has no clue of what’s being done with their data, who will think that no new report of terrible misdeeds means that Facebook has stopped manipulating data.
Information companies aren’t the same as pharmaceuticals. They don’t need to do clinical trials before they put a product on the market. They can psychologically manipulate their users all they want without being remotely public about exactly what they’re doing. And as the public, we can only guess what the black box is doing.
There’s a lot that needs reformed here. We need to figure out how to have a meaningful conversation about corporate ethics, regardless of whether it’s couched as research or not. But it’s not so simple as saying that a lack of a corporate IRB or a lack of a golden standard “informed consent” means that a practice is unethical. Almost all manipulations that take place by these companies occur without either one of these. And they go unchecked because they aren’t published or public.
Ethical oversight isn’t easy and I don’t have a quick and dirty solution to how it should be implemented. But I do have a few ideas. For starters, I’d like to see any company that manipulates user data create an ethics board. Not an IRB that approves research studies, but an ethics board that has visibility into all proprietary algorithms that could affect users. For public companies, this could be done through the ethics committee of the Board of Directors. But rather than simply consisting of board members, I think that it should consist of scholars and users. I also think that there needs to be a mechanism for whistleblowing regarding ethics from within companies because I’ve found that many employees of companies like Facebook are quite concerned by certain algorithmic decisions, but feel as though there’s no path to responsibly report concerns without going fully public. This wouldn’t solve all of the problems, nor am I convinced that most companies would do so voluntarily, but it is certainly something to consider. More than anything, I want to see users have the ability to meaningfully influence what’s being done with their data and I’d love to see a way for their voices to be represented in these processes.
I’m glad that this study has prompted an intense debate among scholars and the public, but I fear that it’s turned into a simplistic attack on Facebook over this particular study rather than a nuanced debate over how we create meaningful ethical oversight in research and practice. The lines between research and practice are always blurred and information companies like Facebook make this increasingly salient. No one benefits by drawing lines in the sand. We need to address the problem more holistically. And, in the meantime, we need to hold companies accountable for how they manipulate people across the board, regardless of whether or not it’s couched as research. If we focus too much on this study, we’ll lose track of the broader issues at stake.
For the last year, I’ve been working with Fordham’s Center on Law and Information Policy to research what legal remedies are available to victims of online harassment. We investigated cyberharassment law, cyberstalking law, defamation law, hate speech, and cyberbullying statutes. We found that although online harassment and hateful speech is a significant problem, there are few legal remedies for victims.
- Section 230 of the Communications Decency Act provides internet service providers(including social media sites, blog hosting companies, etc.) with broad immunity from liability for user-generated content.
- Given limited resources, law enforcement personnel prioritize other cases over
prosecuting internet-related issues.
- Similarly, there are often state jurisdictional issues which make successful prosecution
difficult, as victim and perpetrator are often in different states, if not different countries.
- Internet speech is protected under the First Amendment. Thus, state laws regarding online
speech are written to comply with First Amendment protections, requiring fighting
words, true threats, or obscene speech (which are not protected). This generally means
that most offensive or obnoxious online comments are protected speech.
- For an online statement to be defamatory, it must be provably false rather than a matter of
opinion. This means that the specifics of language used in the case are extremely
- While there are state laws for harassment and defamation, few cases have resulted in
successful prosecution. The most successful legal tactic from a practical standpoint has
been using a defamation or harassment lawsuit to reveal the identities of anonymous
perpetrators through a subpoena to ISPs then settling. During the course of our research,
we were unable to find many published opinions in which perpetrators have faced
criminal penalties, which suggests that the cases are not prosecuted, they are not appealed
when they are prosecuted, or that the victim settles out of court with the perpetrator and
stops pressing charges.
- In offline contexts, hate speech laws seem to only be applied by courts as penalty
enhancements; we could locate no online-specific hate speech laws.
- Given this landscape, the problem of online harassment and hateful speech is unlikely to
be solved solely by victims using existing laws; law should be utilized in combination
with other practical solutions.
The objective of the project is to provide a resource that may be used by the general public, and in particular, researchers, legal practitioners, Internet community moderators, and victims of harassment and hateful speech online. If you’re working on online harassment, cyberbullying, revenge porn, or a host of related issues, we hope this will be of service to you.
Also, read it to find out the difference between calling someone a “bitch” and a “skank” online, what a “true threat” is, and why students are probably at the most risk of being prosecuted for online speech acts.