Free speech up for sale

When I was planning to post this article a couple of weeks ago, Elon Musk’s bid to buy Twitter and take it into private ownership was looking unlikely to succeed. Musk had just declined to take up the offer of a seat on the Twitter board, following which the board adopted a poison-pill defence against a hostile takeover. And just as I was about to go to press at my usual time, the news broke that the original bid had now been accepted by the board, so I hit the pause button instead and waited a day to see what the public reaction was. What a difference 72 hours (and US$44bn) can make… It seems “free speech” does indeed come with a price.

Of course, the Twitter transaction is still subject to shareholder approval and regulatory clearance, as well as confirmation of the funding structure, since Musk is having to raise about half the stated purchase from banks.

Musk’s stated objective in acquiring Twitter was highlighted in a press release put out by the company:

“Free speech is the bedrock of a functioning democracy, and Twitter is the digital town square where matters vital to the future of humanity are debated,” said Mr. Musk. “I also want to make Twitter better than ever by enhancing the product with new features, making the algorithms open source to increase trust, defeating the spam bots, and authenticating all humans. Twitter has tremendous potential – I look forward to working with the company and the community of users to unlock it.”

This latest development in Musk’s apparent love/hate relationship with Twitter is bound to further divide existing users as to the billionaire’s intentions, as well as raise concerns about the broader implications for free speech. Musk himself has encouraged his “worst critics” to stay with the platform. Meanwhile, founder and former CEO, Jack Dorsey has renewed his love of Twitter, despite only recently stepping away from the top job to spend more time on his other interests.

Personally, I’m not overly concerned that a platform such as Twitter is in private hands or under single ownership (subject, of course, to anti-trust rules, etc.). Far from creating an entrenched monopoly, it may actually encourage more competition by those who decide to opt out of Twitter. What I am less comfortable with is the notion that Twitter somehow acts as an exemplar of free speech, and as such, is a bastion of democracy.

On the positive side, we will be able to judge the veracity of Musk’s objectives against his actual deeds. For example, will Twitter actually introduce an edit button, make its algorithms open-source, exorcise the spam bots, verify users, and reduce/remove the platform’s reliance upon advertising?

On the negative side, what credible stance will Twitter now take on “free speech”, short of allowing an “anything goes” policy? If Musk is sincere that Twitter will be a platform for debating “matters vital to the future of humanity”, he may need to modify what he means by public discourse. Personal slanging matches with fellow-billionaires (and those less-able to defend themselves) do not make for an edifying public debating forum. Musk’s own disclosures about Twitter and his other business interests will also come under increased scrutiny. We know from past experience that Elon’s Tweets can move markets, and for this alone he should be aware of the responsibility that comes with ownership of the platform.

We have long understood that free speech is not the same as an unfettered right to say what you like in public – there are limits to freedom of expression, including accountability for the consequences of our words and actions, especially where they can cause harm. The broader challenges we face are:

  • technology outpacing regulation, when it comes to social media
  • defining what it means to “cause offence”
  • increased attacks on “mainstream media” and threats to freedom of the press

1. Just as the printing press, telegraphy, telephony, broadcasting and the internet each resulted in legislative changes, social media has continued to test the boundaries of regulation under which its predecessors now operate. Hitherto, much of the regulation that applies to social and digital media relates to privacy and data protection, as well as the existing law of defamation. But the latter varies considerably by jurisdiction, and by access to redress, and availability of remedies. Social media platforms have resisted attempts to treat them as traditional media (newspapers and broadcasters, which are subject to licensing and/or industry codes of practice) or treat them as publishers (and therefore responsible for content published on their platforms). (Then there is the question of how some social media platforms manage their tax affairs in the countries where they derive their revenue.)

The Australian government is attempting to challenge social media companies in a couple of ways. The first has been to force these platforms to pay for third-party news content from which they directly and indirectly generate advertising income. The second aims to hold social media more accountable for defamatory content published on their platforms, and remove the protection of “anonymity”. However, the former might be seen as a (belated) reaction to changing business models, and largely acting in favour of incumbents; while the latter is a technical response to the complex law of defamation in the digital age.

2. The ability to be offended by what we see or hear on social media is now at such a low bar as to be almost meaningless. During previous battles over censorship in print, on stage or on screen, the argument could be made that, “if you don’t like something you aren’t being forced to watch it”, so maybe you are deliberately going in search of content just to find it offensive. The problem is, social media by its very nature is more pervasive and, fed by hidden algorithms, is actually more invasive than traditional print and broadcast media. Even as a casual, passive or innocent user, you cannot avoid seeing something that may “offend” you. Economic and technical barriers to entry are likewise so low, that anyone and everyone can have their say on social media.

Leaving aside defamation laws, the concept of “hate speech” is being used to target content which is designed to advocate violence, or can be reasonably deemed or expected to have provoked violence or the threat of harm (personal, social or economic). I have problems with how we define hate speech in the current environment of public commentary and social media platforms, since the causal link between intent and consequence is not always that easy to establish.

However, I think we can agree that the use of content to vilify others simply based on their race, gender, sexuality, ethnicity, economic status, political affiliation or religious identity cannot be defended on the grounds of “free speech”, “fair comment” or “personal belief”. Yet how do we discourage such diatribes without accusations of censorship or authoritarianism, and how do we establish workable remedies to curtail the harmful effects of “hate speech” without infringing our civil liberties?

Overall, there is a need to establish the author’s intent (their purpose as well as any justification), plus apply a “reasonable person” standard, one that does not simply affirm confirmation bias of one sector of society against another. We must recognise that hiding behind our personal ideology cannot be an acceptable defence against facing the consequences of our actions.

3. I think it’s problematic that large sections of the traditional media have hardly covered themselves in glory when it comes to their ethical standards, and their willingness to misuse their public platforms, economic power and political influence to undertake nefarious behaviour and/or deny any responsibility for their actions. Think of the UK’s phone hacking scandals, which resulted in one press baron being deemed “unfit to run a company”, as well as leading to the closure of a major newspaper.

That said, it hardly justifies the attempts by some governments, populist leaders and authoritarian regimes to continuously undermine the integrity of the fourth estate. It certainly doesn’t warrant the prosecution and persecution of journalists who are simply trying to do their job, nor attacks and bans on the media unless they “tow the party line”.

Which brings me back to Twitter, and its responsibility in helping to preserve free speech, while preventing its platform being hijacked for the purposes of vilification and incitement to cause harm. If its new owner is serious about furthering public debate and mature discourse, then here are a few other enhancements he might want to consider:

  • in addition to an edit button, a “cooling off” period whereby users are given the opportunity to reconsider a like, a post or a retweet, based on user feedback or community interaction – after which time, they might be deemed responsible for the content as if they were the original author (potentially a way to mitigate “pile-ons”)
  • signing up to a recognised industry code of ethics, including a victim’s formal right of reply, access to mediation, and enforcement procedures and penalties against perpetrators who continually cross the line into vilification, or engage in content that explicitly or implicitly advocates violence or harm
  • a more robust fact-checking process and a policy of “truth in advertising” when it comes to claims or accusations made by or on behalf of politicians, political parties, or those seeking elected office
  • clearer delineation between content which is mere opinion, content which is in the nature of a public service (e.g., emergencies and natural disasters), content which is deemed part of a company’s public disclosure obligations, content which is advertorial, content which is on behalf of a political party or candidate, and content which is purely for entertainment purposes only (removing the bots may not be enough)
  • consideration of establishing an independent editorial board that can also advocate on behalf of alleged victims of vilification, and act as the initial arbiter of “public interest” matters (such as privacy, data protection, whistle-blowers etc.)

Finally, if Twitter is going to remove/reduce advertising, what will the commercial model look like?

Next week: The Crypto Conversation

Vinyl on the brain

In planning to write a blog on vinyl records, I was responding to recent personal experiences and insights on this topic. Then events somewhat overtook me, as I learned of the death this past weekend of Philip Jeck (more on him later). So this post has taken on a slightly different tone.

Image sourced from Vintage Everyday

The initial trigger for this blog came from the realisation that I’ve been spending more time on Twitter engaging with fellow vinyl enthusiasts – and of course, this interest has been amplified by social media algorithms and their “preferences” and “recommendations”. In my experience, most people who post content about music in general (and vinyl in particular) tend to be much nicer than those who indulge in the didactic venom and unfiltered hate speech that passes for “social commentary” these days. But this just goes to prove that you find your audience (and your confirmation bias?) where you choose to seek them.

Part of this on-line engagement is prompted by a passion for collecting, and a love of sharing. Yes, it could merely relate to showing off one’s vinyl stash, and may reveal fetishistic tendencies – but frankly, there are far worse vices. A lot of the commentary details successful crate-digging, charity shop bargains, and re-discovered hidden gems. In fact, the prospect of finding an over-looked classic, unearthing a valuable rarity, or simply completing a gap in your collection often drives this obsession. So much so, that recently I found myself dreaming of records which I know don’t exist, but in so much detail that part of me thinks these artefacts must be out there somewhere!

Like many music enthusiasts, I was first exposed to vinyl records via my parents’ and then my sisters’ collections. For a time in the late ’60s, my dad used to visit EMI on business, and would sometimes come home on a Friday having picked up a new release or two, most memorably the first few singles on the Beatles’ Apple label. I probably got the collecting bug more than my siblings, and still recall the key albums I bought with my own money: “Tubular Bells” by Mike Oldfield, “Autobahn” by Kraftwerk, and “A Clockwork Orange” by Wendy Carlos – which probably confirms my personal bias for instrumental, electronic and soundtrack music.

Then, I started playing in bands with mates from school, an interest that was further fueled by the arrival of punk rock, and the realisation that there was more to music than the Top 40 and old hippies singing into their patchouli-drenched afghan overcoats. One group I was in, Greenfield Leisure, received an airing on John Peel’s BBC Radio 1 programme (the Holy Grail for aspiring musicians at the time), but mostly these bands existed on home-made demo tapes, and were only ever heard (and rarely appreciated…) by our long-suffering families. Later, I worked in a chain of infamous second-hand record stores in London, which, if nothing else, revealed some of the weirder ends of the vinyl-collecting public. It also helped expand my musical knowledge, but at the cost of a fair chunk of my paltry shop wages.

Vinyl is not necessarily the most convenient format of music – it’s not as portable as digital, and not as robust as CD. Records get scratched, they warp, the grooves fill up with dust, and the sleeves get battered and torn. So, despite advances in technology, and the huge market for digital music and streaming services, why have vinyl records endured?

The continued and renewed interest in music on vinyl cannot be explained by a single factor – this phenomenon is as multi-faceted as the genres of music people listen to.

First, whether or not driven by events like Record Store Day, limited edition releases, box set retrospectives or physical copies being shipped with download coupons, vinyl sales are steadily on the up. But as a proportion of how people listen to music each week, purchased music (physical and download formats) comprises less than 10%, while streaming formats account for two-thirds of our listening.

Second, the tactile nature of vinyl records, plus the opportunity they present for creativity in their use of artwork, design and packaging, can generate a more engaging and long-lasting experience. As someone said recently on Twitter, you probably don’t remember the first music you downloaded or streamed, but it’s very likely you remember the first record you bought.

Third, quite apart from the vast amount of artist and label back catalogue being reissued on vinyl, more and more new and contemporary music is being released on vinyl as well as digital – sometimes, there’s not even a CD edition.

Fourth, swathes of back-catalogue can only be accessed via original vinyl editions, having never been re-issued during the hey-day of CDs in the 1990s and early 2000s. In fact, even where current and past releases have been released for streaming and/or download, the vagaries of geo-blocking can mean that this digital content is not available in all territories.

Finally, the economics of streaming (and to a lesser extent, downloads) have revealed that artists receive just a tiny proportion of the subscription revenue generated by Spotify, Apple and others, which can make vinyl purchases more attractive to music fans. This dynamic has also made direct-to-buyer platforms like Bandcamp more appealing to artists and fans alike.

Back to Philip Jeck, a sound artist who transformed piles of dusty old records into a musical experience. Using techniques he gleaned from watching hip-hop DJs and post-modern turntablists, he curated (rather than composed) sound collages built up from layers of seemingly forgotten and anonymous recordings, turning them into live art. I was fortunate enough to see him perform twice. The first was in 1993, when he presented his magnum opus “Vinyl Requiem” at the Union Chapel in North London. The second was in 2008, for a much more intimate solo performance at The Toff in Town, Melbourne. In both cases, the use of streaming could not have resulted in such a strong creative process or delivered such immersive listening.

Next week: Music with literary leanings

Literary legacies

As more classic works of literature come out of copyright protection, and enter the public domain, publishers and booksellers can look forward to sales of re-packaged titles, for which they won’t have to pay royalties. With the right combination of content and marketing, it’s as good as free money.

Under the Berne Convention, copyright in published works is the life of the author plus 50 years, although many territories have extend this to life plus 70 years (100 in Mexico!). These periods may be subject to extensions if the executors of literary estates are able to renew the existing copyright (under previous copyright regimes) or by issuing revised editions of existing works which are sufficiently different to the original so as to constitute an entirely separate publication – but these are exceptions.

By allowing copyright to lapse, this should mean key works will always be in print, and even more obscure titles can be revived with little to no production cost. For nearly 20 years, Google Books has been scanning works out of copyright and putting them online. But even this process can run into copyright limitations, and questions of provenance (as illustrated by the treatment of George Orwell’s “1984”). But this has also encouraged some enterprising individuals to sell “reprints” of facsimile copies of scanned titles, when the buyer thought they were purchasing an authentic copy, or a contemporary edition (i.e., newly typeset and printed).

Intellectual property law may be complex, and in need of reform to reflect modern technology and contemporary society. But as copyright works pass into the public domain, there remains the issue of moral rights. These give writers the right to be identified as the author of a work (“attribution”), and to protect their work against inappropriate use (“derogatory treatment”). Moral rights also protect writers against “false attribution” – i.e., a publisher can’t claim a work was written by an author who didn’t actually write it.

Moral rights vary from country to country (e.g., Germany, UK, USA, Australia), but generally do not survive when copyright expires. Which can mean that unscrupulous publishers may feel emboldened to “modify” original texts at will, given some recent examples of key 20th century novels. Surely not what authors and their legacies should be subject to?

Next week: Public Indifference?

When is a print not a print?

Alongside drawing, painting and sculpture, print-making is one of the oldest forms of visual art. Although it wasn’t generally recognised as a fine art discipline in the west until the European Renaissance (with the work of Dürer, among others), the practice can be traced back to Paleolithic times when humans first made hand-prints on cave walls. It evolved largely through developments in paper-making and image creation, such as Japanese wood-block printing 1200 years ago, or metal plate engravings in the Middle Ages, and has developed alongside related technologies in lithography, etching, off-set press printing, photography, lino-cut and silk-screen printing, to name a few key methods.

Print-making in this “classical” sense uses a combination of mechanical, manual and chemical processes to transfer an image (created from one or more media) from one surface to another, using ink or paint to “carry” the image between the plate and paper or other printed surface.

While the printing industry has been using the same techniques for centuries (in the service of book publishing, newspapers, advertising, packaging, textiles, etc.) there are key differences between the commercial and the artistic.

First, traditional print-making still retains a high-degree of manual process, and the work is usually produced in limited numbers (sometimes in single editions), and even where multiple copies are generated, variations and differences will appear thanks to inherent “imperfections” of the process.

Second, despite the importance of technical process in print-making, the practice should not be seen as a mere mechanical exercise in reproducing an image – the resulting image is still far more important than the actual technique (i.e., content over form should be the order of the day).

Third, the role of “mark-making” in print-making is as significant as the brush strokes in an oil painting, and are part of the artist’s signature. Equally, choice of materials is also important, just as an artist working in oils will make specific decisions about their brushes, pigments, medium and canvass.

In terms of art curation, print-making can get lumped in with other “works on paper”, which may extend to collage, photography, photo-montage, graphic design and illustration. Photography itself can be used in the course of print-making (e.g., rayographs), but a photographic print of a film-based negative is not the same as print-making in this context.

Likewise, the use of digital processes to capture, create, manipulate, transfer and reproduce an image on paper (or other medium) is further blurring the boundaries as to what constitutes a “print” as opposed to a “technique”.

This delineation between traditional print-making and image creation processes was further highlighted by the recent Experimental Print Prize organised by Castlemaine Art Museum in Victoria’s gold field region. While there were examples of etching, lino-cut, lithography, photographic and other techniques on display, the prize is intended to push the boundaries into more conceptual notions of “what is a print?”.

Examples included the use of light-sensitive paper to create long-delay images, a neon-light to generate an after-image on the viewer’s retinas, and a muon particle detector to track and plot their “image” onto a computer monitor. Although these are all interesting approaches, they perhaps over-step the boundary of permanence, which is usually a feature of print-making, to the extent that the fixed paper and ink endure long after the artist has made his or her mark. Nevertheless, the museum is to be applauded for bringing a new dimension to an ancient art-form.

Next week: Literary legacies