Policing Racism Online: Liam Stacey, YouTube And The Law Of Big Numbers

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Michael Rundle
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Policing Racism Online: Liam Stacey, YouTube And The Law Of Big Numbers

Posted: 7/04/2012 08:16 Updated: 7/04/2012 08:21

When Bolton Wanderers footballer Fabrice Muamba collapsed on the pitch at White Heart Lane on 17 March, a 21-year-old student mocked his plight on Twitter. Two weeks later he received a jail sentence of 56 days.

Elsewhere on the Internet, life continued as normal.

One week after the incident, a YouTube troll named DoktorLekterreturns took it upon himself to log in to the website, search for a video of Muamba collapsing, and post this comment below it:

"Why spend a cool hundred thousand of precious money on someone just arrived on the proverbial "banana boat"? Much better to lob him in the Thames and bring over another one."

Despite Google's trust in its users to self-moderate the site, the comment is still viewable. And DoktorLekterReturns was free to log in to the site on 5 April, and beneath a video of the 9/11 attacks bemoan the fact that the "soldiers of Allah" did not film mobile phone footage of the "hapless people in the buildings". He also described the 2004 tsunami as "ethnic cleansing" beneath another video. His account is still active.

On some videos of the Muamba collapse several comments had been removed. But on others, offensive remarks remained. In one a user named babafreya2009 joked about the sound the life support machine would make if and when Muamba died. Enjoying the attention they went on to make the same joke on several other clips. On another a commenter used the video to claim "the white man and his white woman are superior".

And on yet another clip, a user named mattyp09ful joked after he was accused of racism: "SEND ME TO PRISON,,PROOVE IVE WROTE ANYTHIN ,C.P.S WOULD LAUGH AT IT."

As any YouTube user knows, finding comments and videos that appear to the vast majority of people as offensive, stupid and crass is hardly difficult.

But while YouTube remains unscathed, the police and the Crown Prosecution Service appear to have recently run out of patience. Several major cases of reported abuse online have been dealt with swiftly by the courts, including that of Liam Stacey, on the principle expressed by the Department for Culture, Media and Sport that what happens online should be equivalent to what happens offline.

Stacey was sent, sobbing, to jail after being found guilty under the Crime and Disorder Act. In another recent case, Newcastle University student Joshua Cryer, also 21, was convicted under section 127 of the Communications Act 2003 for abusing footballer Stan Collymore. He was sentenced to pay costs, work 240 hours without pay and a serve a two-year community order.

Also in March a teenager Azhar Ahmed appeared in court charged under the Communications Act after posting messages about six dead soldiers killed in Afghanistan which prosecutors claimed were "grossly offensive". He will stand trial in July.

Some have feared the recent spate of cases, as well as others which emerged out of the English riots in 2011, often with far harsher sentences, represent an offensive campaign to turn back the tide on racist abuse - perhaps with worrying implications for future race relations. The CPS itself has spoken of the sentences as "warnings" and the ease at which the cases have led to convictions suggests more could be on the way.

'Can You Really Police The Entire Internet?'

When it comes to online abuse, however, the CPS and others have one major factor working against them: the law of big numbers.

According to YouTube more than 60 hours of footage is uploaded every 60 seconds, and more than half of those videos receive comments. Twitter receives more than 340m tweets a day. Experts suggest that the sheer scale of racist comments posted online makes anything other than isolated prosecutions impossible.

Below: a selection of abusive comments that appeared on YouTube in recent days.



So what, in this campaign against online abuse, represents victory for the CPS, the police, the government - and for users of social media who just wish for a slightly less abusive atmosphere online?

David Banks, who is a media law consultant, said that the Stacey prosecution was "more intended to be a warning than a serious push to tackle the volume of material that's on the internet".

"The idea that you can police the whole internet effectively is a bit optimistic really," he told the Huffington Post UK. "I think that what they will probably do is go for things that come to their notice - as they do with any crime."

He added:

"The Liam Stacey case very rapidly came to people's attention in this country, he was tweeting from within the boundaries of the UK, and under his own name. He was easily tracked, arrested and put through the courts.

"If he'd said what he did in a pub and policeman had heard him he might well have found himself in trouble, but he ended up 56 days in prison because of the potential damage of saying that thing in a medium that can be spread further can do. The courts take these new media crimes very seriously."

For their part most social networks including YouTube, Facebook, Twitter, newspapers, blogs and other niche discussion sites like Reddit leave comment moderation (mostly) to their users - in part because it reduces a publisher's liability if a user posts something that could be accused of being libellous. It also negates the tricky issue of reconciling various international jurisdictions and legal codes.

"If you don't pre-moderate you have a safety net of saying, 'we're a platform and we're okay as long as we take stuff down when it's complained about'," Banks says.

"So, I can't seriously see the CPS taking on the mountain of material that's on YouTube, especially when it's placed there by people outside the UK. It would fill their day completely, and they wouldn't have time for any other prosecutions."

'YouTube Involves A Certain Level Of Trust'

A CPS spokesperson did not comment on the potential volume of future cases, but said it takes all reports of racism "very seriously".

"No matter how it is communicated, if there is sufficient evidence to provide a realistic prospect of conviction an offence of racism, harassment or threats, we will mount a robust prosecution," the CPS said.

"In fact, far from being anonymous, when an offence is committed online the evidence is clear for all to see, including prosecutors and police."

Google, Twitter and Facebook, as well as smaller social media companies, all have published guidelines for discourse on their sites, with varying language.

"We're not asking for the kind of respect reserved for nuns, the elderly, and brain surgeons," reads YouTube's version. "We mean don't abuse the site. Every cool new community feature on YouTube involves a certain level of trust. We trust you to be responsible, and millions of users respect that trust, so please be one of them."

But given the abundance of questionable comments on its site, that trust doesn't appear to be working.

Some YouTube users appear to agree, and have written to Google asking for help:

"I understand first amendment rights," said one YouTube user on Google's own product page. "However, if you can regulate the video content of Youtube for violence, sex, and copyrighted material, how come you cannot remove vile and inappropriate comments from the posting section?"

'The Social Networks Have A Responsibility To Their Customers'

For many campaigners against racism and bullying, relying on users to police themselves isn't good enough.

Sherry Adhami, director of communications at Beat Bullying, a charity that works to stop harassment of young people said that convictions for online abuse were encouraging - but that more had to be done by social networking companies to deal with the problem.

She said: "We as a society have a collective responsibility to make sure that we make clear things like this are unacceptable.

"It's not just about the users doing the work. The social network sites have a responsibility to their customers as well. If you walked into a shop and you were consistently harassed and abused you would expect the shopkeeper to help you. It's much bigger than that - the sites need to take a stance, as do internet service providers, and government."

Adhami added that legislation specifically dealing with cyberbullying and racism would be required.

"It is quite staggering [that the legislation doesn't already exist] when you think about how social networking and social media play a crucial part in our lives," she said.

"No one is anonymous online and you can be tracked. And if you're consistently abusing people in an anti-social way then that's why the internet service provider can track you down."

A Google spokesperson said that as a matter of policy the company would act against racism and other online abuse - but that in the main it relied on its users to report it:

"YouTube has policies against harassment and hate speech as outlined in our Community Guidelines," said a spokesperson.

"We have an easy-to-use Help & Safety tool that lets users contact us about comments. A staff of specialists monitors the reports from the tool 24/7. More information is available on our safety centre."

"We don't allow the promotion of hatred toward groups of people based on their race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity.

"If a user believes that someone is violating this policy, they can click 'Report this profile' within that person's profile. We'll review your report and take action if appropriate."

Other social communities take freedom of speech even more seriously. Until recently Reddit, a popular link-sharing and discussion site, even tolerated forums dedicated to users posting suggestive, if not technically illegal, images of children, on the grounds of freedom of speech - a move of which most of its most dedicated fans approved. In February the site finally took action, under duress, to police its images more carefully. The site currently hosts a forum dedicated to highlighting racist posts which receive positive votes from its users.

Ultimately, as David Banks points out, the nature of the internet, and the trolls who patrol its darker corners, means that the only truly effective censorship is self-censorship. If you don't appreciate racism online, then report it when you see it - and if you don't want to be hauled before the courts, don't post racist abuse.

"Where people are trackable the CPS and the police will go after them," Banks said.

And calls for new legislation also perhaps miss the point, he says.

"Most of these things are covered under existing legislation. If you're making statements that are likely to incite racial hatred it doesn't matter if you shout them in the street or shout them on Twitter or your blog. If it is likely or aimed at inciting racial hatred you can expect a visit from the police."

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When Bolton Wanderers footballer Fabrice Muamba collapsed on the pitch at White Heart Lane on 17 March, a 21-year-old student mocked his plight on Twitter. Two weeks later he ...
When Bolton Wanderers footballer Fabrice Muamba collapsed on the pitch at White Heart Lane on 17 March, a 21-year-old student mocked his plight on Twitter. Two weeks later he ...
 
 
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18:02 on 07/04/2012
Freedom to express one's views truthfully should not be threatened with imprisonment.I noticed that the poppy burners were not called racists by the bleeding heart, hand wringing self appointed dicators on here.
HUFFPOST SUPER USER
Hugh Albert
Moderation in somethings
11:59 on 03/05/2012
All our freedoms, including free speech, are contingent on our not putting others into fear or distress or in harm's way. Just common sense.
05:53 on 21/05/2012
I agree people can't threaten others, not even in the USA you can do that. but the freedom to not be offended..that can't work..people can be easily offended by anything..what that Liam guy tweeted was bad but A) it's not like Mumba(sp?) saw or read it(or had to read it)...i just can't comprehend the UK..i don't see how it's any different than the middle east..well at least the UK doesnt kill people for speech..yet...
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12:53 on 07/04/2012
Now watch people on here defend their right to be racist , but the same people have a problem with the target is motivated enough to make them pay for it. Nobody is trying to brainwash you into not having racist thoughts . that's fine. Guess what you can also harbour anti semitic thoughts ( no wait.. this unnaceptable right ? ).
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HUFFPOST SUPER USER
Dan Jighter
12:00 on 07/04/2012
Well, it seems I found a way the US is far better than the UK.

In this US racist comments and whatnot would be regarded as free speech. And so they should. If people think racist things, censoring them still doesn't change what they think and only deprives you the opportunity of hearing what they say. Including knowing which people are trolls or racists and which people are decent. It is easy to think racist comments should be censored when the comments are merely intended as cruel, hurtful, and flip. But where is the line between a flip remark and someone genuinely expressing the opinion that one race is inferior, which is absurd, or someone saying something offensive that is far less absurd. I don't support racism, I really don't. But I firmly oppose censorship of any form.

Don't police the internet. Not unless they are serious death threats. Don't enforce political correctness and don't force people to be nice and civil. If someone says something racist or off color, don't have the policy (or moderators) deal with it. Let the rest of the online community deal with it. We can then impress upon the person that what they said was wrong, provided our firm attempts to impress such things aren't themselves censored. Don't send policy to deal with bad speech, let the citizens deal with it.
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Drg40
Representative Democracy is all we have.
12:37 on 07/04/2012
That's utopian. What actually happens in general is that the average user, faced with unpleasant nonsense walks away and doesn't get involved. Furthermore, there is often no facility to reply, even if you can understand what is actually being said. I would love to be in favour of your point of view, but the average citizen pays for and tries to support the police to do their policing and their lawmakers to create contemporary enforceable laws. Put another way; if berks in a crowded cinema shout "fire!" so often that nobody can see a film, sooner or later you either have to shut the cinema (which may close anyway through lack of customers) or find a way of keeping out berks. Simply arguing that berks have a right to free speech doesn't cut much ice with an out of work cinema manager.
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Dan Jighter
13:24 on 07/04/2012
It's not intended to be utopian. Just the opposite. You must mistake me for someone who actually would want utopia. I'm not trying to produce a civil and peaceful society, I'm trying to encourage some incivility and disorder where needed.

There are a number of ways to deal with someone saying something bad. One perfectly acceptable way is to just ignore them. Don't give them the time of day. If everyone ignores the comment, nothing comes of it and things are the same as if the comment was never heard. Moreover, giving a cold shoulder can be effective in dealing with people who say bad things. Another way is to get on them for the bad comment, even possibly yelling at them and firming telling them what they said was wrong. That actually can and often does happen online. If someone says something stupid online, there are usually a few people ready to take them to task for it. Maybe the average user wouldn't, but there are other users who would.
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13:00 on 07/04/2012
the first amendment does not include racial hatred and verbal harassment. Death threats fall into the "its free speech" too according to you since most times its only words that are being used to warn the targets of their demise.

The internet may be a free alternate world but its not exempt from laws that we apply in real life. We use digital records for all sorts of purposes to bail us out in real life because they have enough value.

If we police intellectual property , we should police crimes too.
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HUFFPOST SUPER USER
Dan Jighter
13:15 on 07/04/2012
"the first amendment does not include racial hatred and verbal harassment."

Wrong. Hate speech is legal in the US precisely because of the 1st Amendment. See R.A.V. v. City of St. Paul.

"Death threats fall into the "its free speech" too according to you"

No, wrong. I said just the opposite. I explicitly said "Not unless they are serious death threats." to indicate that I do still want death threats policed. Things like death threats and other stuff like inciting a riot are not and should not be covered by free speech because of the harm the speech causes. Not because the speech is bad or offensive but because it causes a concrete harm. I don't want the policy to ignore someone threatening to kill someone, as they very well might go through with it. (Though at times death threats are also just insults and not genuine threats of harm, so the policy should approach such things with that in mind.)

"The internet may be a free alternate world but its not exempt from laws that we apply in real life"

Yea, that's fine. I don't think saying something racist or that is hate speech should be punished by the police and courts when said in real life either. I think racist comments and hate speech are free speech, whether said online or offline.

To clarify, if someone utters hate speech in the middle of a shopping mall, I think that should be entirely legal.
11:58 on 07/04/2012
With regard to the Liam Stacey case, you didn't mention that the European Commissioner for Human Rights called his sentence excessive and wrong. He also asked for greater freedom of expression online.

Government's need to look again at the internet and see if it really is equivalent to face to face communication.

Also, inciting racial hatred is not the same as a few insults.
11:58 on 07/04/2012
Once the internet is policed we might as well all pack up using it, its very success is the freedom to use the right of free speech. Some awful things are said i agree but no one is forced to read them, and if they do read it, they can always reply. Racial abuse has been going on for centuries, look at all the English, Irish and Scottish jokes. Old people, disabled people overweight people, etc all get abused, they develop thick skins thats all. We are descending into a world where neighbour will report neighbour for things they said just like in Russia or nazi Germany.
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Raymond Soltysek
11:33 on 07/04/2012
Police racism online?

The police can't even police racism in the police...
13:13 on 07/04/2012
Awesome.
11:03 on 07/04/2012
The problem is not simply racism. The problem is that abusive insulting vulgar behaviour is admired. Celebrities who are rude are praised. Mischief is admired. Malicious behaviour is admired. Stupid pranks are admired. Being a gangster is admired.

Idiots are taking over popular culture.
HUFFPOST SUPER USER
Hugh Albert
Moderation in somethings
12:02 on 07/04/2012
Read the comments of one day's HuffPo and it becomes only too evident that you are spot on. Pity.
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HUFFPOST SUPER USER
Drg40
Representative Democracy is all we have.
12:44 on 07/04/2012
Spot on. The BBC has vacancies for dirty minds and foul mouths whilst keeping out of work or experience attractive young intelligent people that want to prove themselves and would happily work for (and raise a family on) one hundredth of the money that unpleasant things like Ross demand, for example. Which is better, obscene Ross and dirty minded Brann with a track record of unpleasantness or a hundred young families living a decent life entertaining many people.
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