Content Moderation Case Study: YouTube's New Policy On Nazi Content Results In Removal Of Historical And Education Videos (2019)

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Summary: On June 5, 2019, YouTube announced it would be stepping up its efforts to remove hateful content, focusing on the apparent increase of white nationalist and pro-Nazi content being created by users. This change in algorithm would limit views of borderline content and push more viewers towards content less likely to contain hateful views. The company's blog post specifically stated it would be removing videos that "glorified Nazi ideology."Unfortunately, when the updated algorithm went to work removing this content, it also took down content that educated and informed people about Nazis and their ideology, but quite obviously did not "glorify" them.Ford Fischer -- a journalist who tracks extremist and hate groups -- noticed his entire channel had been demonetized within "minutes" of the rollout. YouTube responded to Fischer's attempt to have his channel reinstated by stating multiple videos -- including interviews with white nationalists -- violated the updated policy on hateful content.A similar thing happened to history teacher Scott Allsop, who was banned by YouTube for his uploads of archival footage of propaganda speeches by Nazi leaders, including Adolph Hitler. Allsop uploaded these for their historical value as well as for use in his history classes. The notice placed on his terminated account stated it had been taken down for "multiple or severe violations" of YouTube's hate speech policies.Another YouTube user noticed his upload of 1938 documentary about the rise of the Nazi party in Germany had been taken down for similar reasons, even though the documentary was decidedly anti-Nazi in its presentation and had obvious historical value.Decisions to be made by YouTube:

• Should algorithm tweaks be tested in a sandboxed environment prior to rollout to see how often they're flagging content that doesn't actually violate policies?
• Given that this sort of mis-targeting has happened in the past, does YouTube have a response plan in place to swiftly handle mistaken content removals?
• Should additional staffing be brought on board to handle the expected collateral damage of updated moderation policies? 

• Should there be a waiting period on enforcement that would allow users with flagged content to make their case prior to being hit by enforcement methods like demonetization or bans?
• Should YouTube offer some sort of compensation to users whose channels are adversely affected by mistakes like these? 
• Should users whose content hasn't been flagged previously for policy violations be given a benefit of a doubt when flagged by automated moderation efforts?

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Estate Of 'Tintin' Comic Creator Loses On Fair Use Grounds To Artist Putting Tintin Alongside Women

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By way of a throat clearing, there are a couple of things you need to know about Hergé, the nom de guerre for the artist behind the well-known Tintin comics of yore. First, Hergé's estate has found its way onto Techdirt's pages before and has a reputation for being wildly restrictive and litigious over any use or reference to Tintin. Alongside that, you need to know that Hergé absolutely did every last thing he could to keep women entirely out of his comic strips. His reasoning for this can be best summarized as a combination of having a too much "respect" for women to include them in his humor comic... and also that women, according to his estate, were "rarely comic elements." Women, in other words, are bad for humor.So it makes perfect sense that a modern artist decided to create new material featuring Tintin in romantic or risqué settings with women and both parody and commentary on the original works. And, likewise, it makes perfect sense that the Hergé estate sued over it.

In Breton artist Xavier Marabout’s Hergé-Hopper mashupsTintin is variously painted into Hopper’s Road and Houses, scratching his head as he greets a woman in a car; looking disgruntled in a version of Hopper’s Cape Cod Evening, 1939; and kissing a girl in a car, in a spin on Hopper’s Queensborough Bridge, 1913. On his website, Marabout describes his work as “strip art”, in which he “strips distant artistic universes to merge them together” in a style where “parody [is] omnipresent”.But the Moulinsart company, which manages the Tintin business, disagrees, accusing Marabout of reproducing the world of Tintin without proper consent.“Taking advantage of the reputation of a character to immerse him in an erotic universe has nothing to do with humour,” a lawyer for the company said in court in Rennes this week, where Moulinsart has sued for infringement, as reported by Ouest-France.

In response, Marabout’s lawyer claimed the paintings were parody, reported Ouest-France, and cited a “conflict between copyright and freedom of expression and creation”, asking: “Does an artist have the right to wonder about Tintin’s sex life?” and “what about artistic freedom?” The Rennes court will rule in May.Marabout told the Guardian that his work echoed the historian Christian Jacob’s belief that “there is no cultural transmission without reappropriation”.

On Monday, Moulinsart’s complaint was rejected by the court in Rennes. “The court recognised the parody exception and the humorous intention expressed by my client,” Marabout’s lawyer, Bertrand Ermeneux, said.The Rennes court also said that Moulinsart had “denigrated” Marabout by contacting galleries showing his work to say that it was infringing, Huffington Post France reported, adding €10,000 (£8,500) in damages for Marabout and €20,000 in legal fees to its ruling.

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