ACADEMIC ARTICLE SUMMARY
Probably Speech, Maybe Free: Toward a Probabilistic Understanding of Online Expression and Platform Governance
Article Source: Knight First Amendment Institute Essay Series, August 21, 2019
Publication Date:
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ARTICLE SUMMARY
Summary:
Because digital platforms operate on a large scale, bans on harmful speech will not work; rather, platforms’ limits on speech try to reduce the spread of speech that is “probably” harmful.
POLICY RELEVANCE
Policy Relevance:
Policymakers should ask who bears the cost of high content moderation error rates.
KEY TAKEAWAYS
Key Takeaways:
- The concept of “probability” has important implications for free speech.
- Platform speech is governed by policies and technological infrastructures defined by the tech firms themselves.
- Observers are concerned that platform self-regulation is inadequate, or suggest that the platforms are too fast and too big to be governed effectively.
- Platform content has several probabilistic elements, including the following:
- Moderation is activated when a threshold of user reports or other algorithmic triggers is met.
- Ranking of news items changes as publishers attempt to drive traffic, and because of the activity of automated bots and fake accounts.
- Disinformation is probabilistic, as fake news is ranked lower but not deleted.
- Moderation is activated when a threshold of user reports or other algorithmic triggers is met.
- “Probability” can refer to:
- Expectations about the world arising from observations of natural events.
- Attempts to control the world by punishing deviance from norms.
- Experimenting to discover the conditions under which people or machines can confidently expect certain outcomes.
- Expectations about the world arising from observations of natural events.
- We should consider the environmental costs of the search for certainty; training the algorithms that create or detect fake news articles involves immense amounts of computing power and has a substantial carbon footprint.
- Online speech platforms operate on a large scale, which makes human oversight difficult; digital platforms must operate using actuarial systems and probabilities to manage content.
- We should carefully consider who has the power to decide whether a restriction that is 80 or 90 percent effective is “good enough.”
- Key questions about probability and speech include the following:
- How can proprietary systems' probabilistic models be challenged?
- Who will suffer when probabilistic systems generate false positive and false negatives?
- What error rates should be tolerated?
- Should platforms be held accountable for high error rates?
- How can proprietary systems' probabilistic models be challenged?