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Poland Justice Minister announces online freedom of speech bill

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Re: Poland Justice Minister announces online freedom of speech bill

#141
post #137

Earlier quoted context omitted.

"Freedom of speech is also freedom from compelled speech." Uh, aren't for example nutritional labels a form of compelled speech?

Yes, exactly. It's a very restricted and strictly formatted form of compelled speech on specific products. Like other limitations on free speech, it exists because lawmakers have judged the benefits to be greater than the downsides of limiting manufacturers' free speech. Now imagine a law that forces anyone with a website who ever had an unmoderated comment section to host and display those comments forever. That's t…

Yeah, I know, and yet someone downvoted me for saying so o_O.

Re: Poland Justice Minister announces online freedom of speech bill

#142
post #115

Earlier quoted context omitted.

Gay marriage had a popular majority in favour before it became legal (though obviously a popular majority doesn’t necessarily mean much in the US system.) Compare this to interracial marriage which was not approved of by the majority of the population for many years after it was made fully legal across the country .

This lays out the timeline of the shift in popular opinion for gay marriage: https://news.gallup.com/poll/117328/marriage.aspx Here's polling on interracial marriage: https://news.gallup.com/poll/163697/approve-marriage-blacks-... Interracial marriage became legal nationwide in 1967 with Loving v Virginia, but wasn't approved of by the majority of Americans until 1997. Edit: I only add this to support the the comment…

Thanks for the stats. I guess I was a bit wrong in what I wrote above.

Re: Poland Justice Minister announces online freedom of speech bill

#143

Earlier quoted context omitted.

Put another way: In the US at least, r/jailbait didn't actually break any laws (well, maybe some individual posts did, but the whole idea of that subreddit was essentially to ogle underage women/children but in a way that was not explicitly illegal). So with something like this law all social media sites would be forced to host the equivalent of r/jailbait.

Actually, r/jailbait was removed as a reaction to the FOSTA laws which explicitly carve out an exception to section 230 for content that could be considered related to sex trafficking, so in this sense it actually did create a new legal risk compared to other non-sex related subs.

Yes, as afuchs said, FOSTA wasn't passed to 2018, and that forced things like craigslist personals to close. r/jailbait was closed many years earlier in response to an onslaught of negative media attention.

Re: Poland Justice Minister announces online freedom of speech bill

#144
> In the event of removal or blockage, a complaint can be sent to the platform, which will have 24 hours to consider it. Within 48 hours of the decision, the user will be able to file a petition to the court for the return of access. The court will consider complaints within seven days of receipt and the entire process is to be electronic.

It seems like this is not a burden for Facebook but requires manual work from the court.

Imagine if Facebook gleefully takes down anything / everything & forwards the petitions to the polish court. It is zero cost to them after the initial engineering and now they are absolved of moderating Polish FB.

Re: Poland Justice Minister announces online freedom of speech bill

#145
post #5

> Under its provisions, social media services will not be allowed to remove content or block accounts if the content on them does not break Polish law. This is kind of insane. So if I offer a free website- a private company operating as I like- I would be forbidden from removing content from my own website that I don't like because the person who wrote it- again, not a paying customer- wants it to be there. Not only…

Yup, under this law a post mentioning true facts about nazi collaboration in poland during ww2 would be illegal.

Mentioning true facts (mostly falsehoods, but also some true facts) about WW2 is already illegal in Germany.

Re: Poland Justice Minister announces online freedom of speech bill

#146

Trolling and many other forms of online abuse may not be against any law but it is in the public interest to allow platforms to remove such content. This initiative may turn out to be the opposite of what it claims to stand for.

This can, and IMHO should, be addressed the way HN does it (at least by default): content that's downvoted is not visible by default, but not actually removed.

Re: Poland Justice Minister announces online freedom of speech bill

#147

Earlier quoted context omitted.

This government has learned from that time, but looking at the state of TVP and these "tematy zastępcze" they seem rather fond of Goebbels' methods. Paint "the west" as the enemy to your "great traditions" and use the wedges like this law to distract people from creeping towards authoritarianism.

> ... creeping towards authoritarianism Because all the shit going on in the US isn't ?

I don't see how it's relevant. Would you be fine being a kulak in Soviet Russia being scheduled for execution because at least the Japanese are currently organizing mass murder in China as well?

Re: Poland Justice Minister announces online freedom of speech bill

#148
post #5

> Under its provisions, social media services will not be allowed to remove content or block accounts if the content on them does not break Polish law. This is kind of insane. So if I offer a free website- a private company operating as I like- I would be forbidden from removing content from my own website that I don't like because the person who wrote it- again, not a paying customer- wants it to be there. Not only…

> This is kind of insane. It's especially insane because Polish law is not a superset of every other country's law. If a web site is forced to remove content because it violates a law specific to the country the site is based in -- boom, now they've broken the law in Poland.

Nitpicking: you would want it to be a subset of the laws of all other countries‘ for that as it needs to be the intersection of all to be compatible with all of them at once.

Re: Poland Justice Minister announces online freedom of speech bill

#149

Earlier quoted context omitted.

Gay marriage has a popular majority in the UK and Ireland in both polls and referenda. Is it that different in the US? Interpreting old documents is hard, and where there is silence or substantial ambiguity it seems right to err on the side of popular opinion.

You can't really defend the US Supreme Court's actions on gay marriage from any legal viewpoint other than "because five justices said so" and "what are you gonna do about it." Popular opinion is not the talisman of judicial interpretation. If the public wants its way, they can vote for it. For what it's worth, the public did not support gay marriage until after the federal courts made it a fait accompli. E.g. In a r…

There's a straightforward argument for gay marriage based on bans essentially being discrimination based on sex:

A woman may marry a man, but a man may not.

Chief justice Roberts made this point during arguments in obergefell v. hodges.

And you're incorrect about the timeline. Gay marriage was approved of by a majority of Americans somewhere around 2011-2012. The supreme court decision was 2015. See my other comment in this chain for polling data.

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