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Twitter, Others Slip on Removing Hate Speech, EU Review Says 

A view of Twitter headquarters in San Francisco, California, USA, 21 November 2022. (EPA)
A view of Twitter headquarters in San Francisco, California, USA, 21 November 2022. (EPA)
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Twitter, Others Slip on Removing Hate Speech, EU Review Says 

A view of Twitter headquarters in San Francisco, California, USA, 21 November 2022. (EPA)
A view of Twitter headquarters in San Francisco, California, USA, 21 November 2022. (EPA)

Twitter took longer to review hateful content and removed less of it in 2022 compared with the previous year, according to European Union data released Thursday. 

The EU figures were published as part of an annual evaluation of online platforms' compliance with the 27-nation bloc's code of conduct on disinformation. 

Twitter wasn't alone — most other tech companies signed up to the voluntary code also scored worse. But the figures could foreshadow trouble for Twitter in complying with the EU's tough new online rules after owner Elon Musk fired many of the platform's 7,500 full-time workers and an untold number of contractors responsible for content moderation and other crucial tasks. 

The EU report found Twitter assessed just over half of the notifications it received about illegal hate speech within 24 hours, down from 82% in 2021. Facebook, Instagram and YouTube also took longer, while TikTok was the only one to improve. 

The amount of hate speech Twitter removed after it was flagged up slipped to 45.4% from 49.8% the year before. The removal rate at other platforms also slipped, except at YouTube, which surged. 

Twitter didn't respond to a request for comment. Emails to several staff on the company's European communications team bounced back as undeliverable. 

Musk's $44 billion acquisition of Twitter last month fanned widespread concern that purveyors of lies and misinformation would be allowed to flourish on the site. The billionaire Tesla CEO, who has frequently expressed his belief that Twitter had become too restrictive, has been reinstating suspended accounts, including former President Donald Trump's. 

Twitter faces more scrutiny in Europe by the middle of next year, when new EU rules aimed at protecting internet users’ online safety will start applying to the biggest online platforms. Violations could result in huge fines of up to 6% of a company's annual global revenue. 

France's online regulator Arcom said it received a reply from Twitter after writing to the company earlier this week to say it was concerned about the effect that staff departures would have on Twitter's “ability maintain a safe environment for its users.” 

Arcom also asked the company to confirm it can meet its “legal obligations” in fighting online hate speech and that it is committed to implementing the new EU online rules. Arcom said it received a response from Twitter and that it will “study their response,” without giving more details. 

Tech companies that signed up to the EU's disinformation code agree to commit to measures aimed at reducing disinformation and file regular reports on whether they’re living up to their promises, though there’s little in the way of punishment. 

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TikTok Must Face Lawsuit over 10-year-old Girl's Death, US Court Rules

A view shows the office of TikTok after the US House of Representatives overwhelmingly passed a bill that would give TikTok's Chinese owner ByteDance about six months to divest the US assets of the short-video app or face a ban, in Culver City, California, March 13, 2024. REUTERS/Mike Blake
A view shows the office of TikTok after the US House of Representatives overwhelmingly passed a bill that would give TikTok's Chinese owner ByteDance about six months to divest the US assets of the short-video app or face a ban, in Culver City, California, March 13, 2024. REUTERS/Mike Blake
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TikTok Must Face Lawsuit over 10-year-old Girl's Death, US Court Rules

A view shows the office of TikTok after the US House of Representatives overwhelmingly passed a bill that would give TikTok's Chinese owner ByteDance about six months to divest the US assets of the short-video app or face a ban, in Culver City, California, March 13, 2024. REUTERS/Mike Blake
A view shows the office of TikTok after the US House of Representatives overwhelmingly passed a bill that would give TikTok's Chinese owner ByteDance about six months to divest the US assets of the short-video app or face a ban, in Culver City, California, March 13, 2024. REUTERS/Mike Blake

A US appeals court has revived a lawsuit against TikTok by the mother of a 10-year-old girl who died after taking part in a viral "blackout challenge" in which users of the social media platform were dared to choke themselves until they passed out, Reuters reported.

While a federal law typically shields internet companies from lawsuits over content posted by users, the Philadelphia-based 3rd US Circuit Court of Appeals on Tuesday ruled the law does not bar Nylah Anderson's mother from pursuing claims that TikTok's algorithm recommended the challenge to her daughter.

US Circuit Judge Patty Shwartz, writing for the three-judge panel, said that Section 230 of the Communications Decency Act of 1996 only immunizes information provided by third parties and not recommendations TikTok itself made via an algorithm underlying its platform.

She acknowledged the holding was a departure from past court rulings by her court and others holding that Section 230 immunizes an online platform from liability for failing to prevent users from transmitting harmful messages to others.

But she said that reasoning no longer held after a US Supreme Court ruling in July on whether state laws designed to restrict the power of social media platforms to curb content they deem objectionable violate their free speech rights.

In those cases, the Supreme Court held a platform's algorithm reflects "editorial judgments" about "compiling the third-party speech it wants in the way it wants." Shwartz said under that logic, content curation using algorithms is speech by the company itself, which is not protected by Section 230.

"TikTok makes choices about the content recommended and promoted to specific users, and by doing so, is engaged in its own first-party speech," she wrote.

TikTok did not respond to requests for comment.

Tuesday's ruling reversed a lower-court judge's decision dismissing on Section 230 grounds the case filed by Tawainna Anderson against TikTok and its Chinese parent company ByteDance.

She sued after her daughter Nylah died in 2021 after attempting the blackout challenge using a purse strap hung in her mother's closet.

"Big Tech just lost its 'get-out-of-jail-free card,'" Jeffrey Goodman, the mother's lawyer, said in a statement.

U.S. Circuit Judge Paul Matey, in a opinion partially concurring with Tuesday's ruling, said TikTok in its "pursuit of profits above all other values" may choose to serve children content emphasizing "the basest tastes" and "lowest virtues."

"But it cannot claim immunity that Congress did not provide," he wrote.