SOCIAL
Texas law against blocking online posts on hold for now

A Supreme Court ruling leaves it to a federal district court in Texas is to figure out whether a freshly inked Texas law barring social media platforms from filtering content based on viewpoints, no matter how vile, is constituionally flawed. – Copyright AFP/File Arun SANKAR
The US Supreme Court on Tuesday put back on hold a controversial Texas law barring social media platforms from “censoring” posts based on viewpoints.
The law threatens to essentially make it a crime for social media platforms to curb hate speech or bigoted tirades, or even point out when posts are demonstrably false.
Political conservatives have accused Facebook, Twitter and other social media giants of stifling their voices, providing no evidence to support the claims.
Social media platforms have consistently defended themselves against such accusations, saying content moderation decisions are based on factors such as risk of real-world harm.
Former US president Donald Trump was booted from Facebook and Twitter after a group of his supporters attacked the Capitol on January 6, 2021 in an attempt to prevent his rightly elected successor Joe Biden from taking office.
People died during the attack, and there were concerns Trump would use social media to incite further violence.
The Texas law bars social media platforms with more than 50 million users from banning people based on their political viewpoints.
NetChoice trade association, whose members include Amazon, Facebook and Google, challenged the law and convinced a federal court in Texas to stop it from being enforced until it was resolved whether it runs afoul of the US Constitution’s First Amendment.
An appeals court later sided with Texas, saying the state could go ahead with the law, prompting the matter being taken to the Supreme Court.
The top court in the United States on Tuesday backed the original decision to put Texas law HB 20 on hold while the question of whether it should be tossed out completely is resolved.
“Texas’s HB 20 is a constitutional trainwreck — or, as the district court put it, an example of ‘burning the house to roast the pig,’” NetChoice counsel Chris Marchese said in a release.
“Despite Texas’s best efforts to run roughshod over the First Amendment, it came up short in the Supreme Court.”
NetChoice welcomed the decision, which sends the case back to a district court in Texas to hear arguments regarding the law’s constitutionality.
In its original decision about the stay, the district court said social media platforms have a right to moderate content disseminated on their platforms, and that a provision against putting warning labels on misinformation even risked violating the free speech rights of internet firms.
“Texas’s law violates the First Amendment because it compels social media companies to publish speech they don’t want to publish, and because it prevents them from responding to speech they disagree with,” said attorney Scott Wilkens at Columbia University’s Knight First Amendment Institute.
“In addition, the theory of the First Amendment that Texas is advancing in this case would give government broad power to censor and distort public discourse.”
SOCIAL
Walmart says it has stopped advertising on Elon Musk’s X platform

Walmart said Friday that it is scaling back its advertising on X, the social media company formerly known as Twitter, because “we’ve found some other platforms better for reaching our customers.”
Walmart’s decision has been in the works for a while, according to a person familiar with the move. Yet it comes as X faces an advertiser exodus following billionaire owner Elon Musk’s support for an antisemitic post on the platform.
The retailer spends about $2.7 billion on advertising each year, according to MarketingDive. In an email to CBS MoneyWatch, X’s head of operations, Joe Benarroch, said Walmart still has a large presence on X. He added that the company stopped advertising on X in October, “so this is not a recent pausing.”
“Walmart has a wonderful community of more than a million people on X, and with a half a billion people on X, every year the platform experiences 15 billion impressions about the holidays alone with more than 50% of X users doing most or all of their shopping online,” Benarroch said.
Musk struck a defiant pose earlier this week at the New York Times’ Dealbook Summit, where he cursed out advertisers that had distanced themselves from X, telling them to “go f— yourself.” He also complained that companies are trying to “blackmail me with advertising” by cutting off their spending with the platform, and cautioned that the loss of big advertisers could “kill” X.
“And the whole world will know that those advertisers killed the company,” Musk added.
Dozens of advertisers — including players such as Apple, Coca Cola and Disney — have bailed on X since Musk tweeted that a post on the platform that claimed Jews fomented hatred against White people, echoing antisemitic stereotypes, was “the actual truth.”
Advertisers generally shy away from placing their brands and marketing messages next to controversial material, for fear that their image with consumers could get tarnished by incendiary content.
The loss of major advertisers could deprive X of up to $75 million in revenue, according to a New York Times report.
Musk said Wednesday his support of the antisemitic post was “one of the most foolish” he’d ever posted on X.
“I am quite sorry,” he said, adding “I should in retrospect not have replied to that particular post.”
SOCIAL
US Judge Blocks Montana’s Effort to Ban TikTok

TikTok has won another reprieve in the U.S., with a district judge blocking Montana’s effort to ban the app for all users in the state.
Back in May, Montana Governor Greg Gianforte signed legislation to ban TikTok outright from operating in the state, in order to protect residents from alleged intelligence gathering by China. There’s no definitive evidence that TikTok is, or has participated in such, but Gianforte opted to move to a full ban, going further than the government device bans issued in other regions.
As explained by Gianforte at the time:
“The Chinese Communist Party using TikTok to spy on Americans, violate their privacy, and collect their personal, private, and sensitive information is well-documented. Today, Montana takes the most decisive action of any state to protect Montanans’ private data and sensitive personal information from being harvested by the Chinese Communist Party.”
In response, a collection of TikTok users challenged the proposed ban, arguing that it violated their first amendment rights, which led to this latest court challenge, and District Court Judge Donald Molloy’s decision to stop Montana’s ban effort.
Montana’s TikTok ban had been set to go into effect on Jan. 1, 2024.
In issuing a preliminary injunction to stop Montana from imposing a full ban on the app, Molloy said that Montana’s legislation does indeed violate the Constitution and “oversteps state power.”
Molloy’s judgment is primarily centered on the fact that Montana has essentially sought to exercise foreign policy authority in enacting a TikTok ban, which is only enforceable by federal authorities. Molloy also noted that there was a “pervasive undertone of anti-Chinese sentiment” within Montana’s proposed legislation.
TikTok has welcomed the ruling, issuing a brief statement in response:
We are pleased the judge rejected this unconstitutional law and hundreds of thousands of Montanans can continue to express themselves, earn a living, and find community on TikTok.
— TikTok Policy (@TikTokPolicy) December 1, 2023
Montana attorney general, meanwhile, has said that it’s considering next steps to advance its proposed TikTok ban.
The news is a win for TikTok, though the Biden Administration is still weighing a full TikTok ban in the U.S., which may still happen, even though the process has been delayed by legal and legislative challenges.
As I’ve noted previously, my sense here would be that TikTok won’t be banned in the U.S. unless there’s a significant shift in U.S.-China relations, and that relationship is always somewhat tense, and volatile to a degree.
If the U.S. government has new reason to be concerned, it may well move to ban the app. But doing so would be a significant step, and would prompt further response from the C.C.P.
Which is why I suspect that the U.S. government won’t act, unless it feels that it has to. And right now, there’s no clear impetus to implement a ban, and stop a Chinese-owned company from operating in the region, purely because of its origin.
Which is the real crux of the issue here. A TikTok ban is not just banning a social media company, it’s blocking cross-border commerce, because the company is owned by China, which will remain the logic unless clear evidence arises that TikTok has been used as a vector for gathering information on U.S. citizens.
Banning a Chinese-owned app because it is Chinese-owned is a statement, beyond concerns about a social app, and the U.S. is right to tread carefully in considering how such a move might impact other industries.
So right now, TikTok is not going to be banned, in Montana, or anywhere else in the U.S. But that could still change, very quickly.
SOCIAL
EU wants to know how Meta tackles child sex abuse

The investigation is the first step in procedures launched under the EU’s new online content law known as the Digital Services Act – Copyright AFP Kirill KUDRYAVTSEV
The EU on Friday demanded Instagram-owner Meta provide more information about measures taken by the company to address child sexual abuse online.
The request for information focuses on Meta’s risk assessment and mitigation measures “linked to the protection of minors, including regarding the circulation of self-generated child sexual abuse material (SG-CSAM) on Instagram”, the European Commission said.
Meta must also give information about “Instagram’s recommender system and amplification of potentially harmful content”, it added.
The investigation is the first step in procedures launched under the EU’s Digital Services Act (DSA), but does not itself constitute an indication of legal violations or a move towards punishment.
Meta must respond by December 22.
A report by Stanford University and the Wall Street Journal in June this year said Instagram is the main platform used by paedophile networks to promote and sell content showing child sexual abuse.
Meta at the time said it worked “aggressively” to fight child exploitation.
The commission has already started a series of investigations against large digital platforms seeking information about how they are complying with the DSA.
It has sought more information from Meta in October about the spread of disinformation as well as a request for information last month about how the company protects children online.
The DSA is part of the European Union’s powerful regulatory armoury to bring big tech to heel, and requires digital giants take more aggressive action to counter the spread of illegal and harmful content as well as disinformation.
Platforms face fines that can go up to six percent of global turnover for violations.
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