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Free speech with a giant asterisk

Fully Charged
Bloomberg

Hey everyone, it's Sarah Frier. Mark Zuckerberg, criticized for Facebook's role in fomenting misinformation and polarization, has been framing his company as a fighter for free expression. He's warned there's "no guarantee" that Facebook's ideals will win out, as competitors, especially from China, bow to government censorship. At a highly publicized speech at Georgetown University last year, he took a stand. "I don't think it's right for a private company to censor politicians or the news in a democracy," he said.

The service is one of the most powerful societal forces ever unleashed, but it's also a business. And this week, Facebook Inc. became a little more comfortable compromising on its principles. Users got a notification that the terms of service are changing. Effective Oct. 1, the company warned it can remove anyone's "content, services or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to Facebook."

Translation: If threatened by a government or a lawsuit, Facebook may pull content off its social network, rather than face the consequences of leaving it up. A Facebook source tells me the company sees this as a move in favor of free expression. Without culling posts that may break laws in a country, Facebook could be banned completely and nobody gets to express themselves online. But the policy still facilitates censorship, and covers decisions that go beyond government requests, simply so Facebook can keep operating the way it wants to.

Australia is the first test. Rather than accept a proposed law forcing Facebook to pay publishers for their content, the company has said it will ban news on Facebook and Instagram. "It is the only way to protect against an outcome that will hurt, not help Australia's media outlets," Facebook head of news partnerships Campbell Brown said.

Facebook's hardline stance generated snarky cheers on social media, with some users saying a news feed without news would be a lot more pleasant. But Facebook's clashes in other countries have more serious implications. Thailand is telling the company to censor critics of the monarchy. Brazil says Facebook must shut down certain accounts -- not just in Brazil, but globally. In India, Facebook is under fire for letting government officials leave content up that may violate its hate speech rules.

Daphne Keller, director of the program on platform regulation at Stanford's Cyber Policy Center, tweeted that in the worst case scenario she could see Facebook "doing what a government or an official wants without that government even having to ask, or having to pass a law that the public can see and challenge in court." Does this sound like a company fighting for free speech? Not really.Sarah Frier

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