Too many citizens and politicians have come to believe that social media regulation is a free speech issue when nothing could be further from the truth. As a society we focus a lot of attention on the safety of products and services in the market place. Corporations invests millions of dollars ensuring that their products and services are safe and effective for the consumer. Yet we look upon social media sites like Facebook, TikTok and others. differently. I am confused as to why.
When a product enters the marketplace or a service is introduced to the consumer we expect the product to be safe. We expect that the company offering this product or service has done its due diligence to ensure no one is hurt, injured or negatively impacted by using the product. Can that be said of social media?
For example, Uber works very hard to ensure that drivers have good driving records and no criminal records. To be certain Uber has taken effective measures to protect themselves and the customer. These include;
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Vehicle age requirements
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Vehicle inspection requirements
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Local regulation requirements
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Driver records
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Rider feedback
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Insurance requirements
This effort by Uber is done with the understanding that driving and riding in an automobile is one of the most dangerous things the average person does. They ensure their service is not overly risky or dangerous. The same can be said for the many millions of products and services available to consumers across the globe.
Another interesting thing we as a society understand is the danger of drug use. We know that drugs and alcohol are extremely dangerous, even life threatening, when used improperly. We see people addicted and dying every hour of everyday because they can’t quit drinking or using illicit, or in some cases, pharmaceutical prescription drugs. We know that distillers and pharmaceutical companies do not intend their products to be used improperly and they, and the government, have instituted methods for controlling their distribution and consumption.
These products and services are overseen and regulated by various government agencies including the Consumer Products Safety Commission, the Federal Trade Commission and others. So, the question must now be answered; why not social media?
Social Media as a Defective Product
Social media is a dangerous and defective product that continues to endanger almost everyone that uses it. It has proven harmful in many ways and yet owners and politicians want to proclaim that the regulation of social media is a free speech issue. I will argue that it is not.
I make this argument not as a lawyer or free speech critic but as an observant consumer. And as a consumer and user of social media I have observed its dangerous use first hand. I would argue that if you wish to invoke the First Amendment you need to admit to the intent of the First Amendment. That is to invite the citizen to petition the government, express personal opinions, personal observations, express personal feelings and desires. The First Amendment is meant to bring freedom of news and information and academic research into the public arena for debate and to face the test of public, professional and academic scrutiny. And yes, I would argue that social media does make this possible. But like an alcoholic or drug addict people are misusing the service and it has become harmful to the public. Social media is a dangerous product.
Social Media is Addicting
As medium it has become far more than just a service to connect people as some would have you believe. And yes, people do express themselves with text posts, pictures and videos. But at the same time, they reveal sensitive information about their lives that becomes the product of data marketers. Information that the user never intended to become the raw material of another money-making industry. Social media was designed as a tool to watch and track the user every moment of every day of their life. It is intended to trap and addict you. Like heroin or other illicit narcotics it ensnares the user before they can fight back. Social media destroys family life. It impacts the brain of young people and reduces workplace productivity. Just like any other addictive substance. All these factors have been researched and shown to be accurate. So how can such an invasive and addictive product be considered safe? How is this a free speech issue? It is not. It’s a matter of privacy and the invasion thereof. It is a matter of addiction and psychological manipulation of the consumer. Social media is a dangerous product.
Social media has a history of people using the platform to guide others to act in ways that are harmful to themselves and others. Yet we continue with the argument that this is somehow free speech. Would we believe it is free speech if a gun maker asks its customers to shoot themselves? Or someone else because that is what a gun is meant for. Social media does exactly this. The First Amendment proponents argue that it is the right of the people to express themselves. So true. But would encouraging someone to misuse a product resulting in grave bodily harm or death be considered free expression and how so? What product actually encourages it use to harm others?
TikTok challenges have resulted in serious physical harm and death. No one can argue that. Social media preys on the impressionable minds of children and parents have no idea what their children are up to. Should a product that encourages teens to steal cars be considered free speech or freedom of expression? What about teens that enter a grocery store to lick a container of ice cream and place it back on the shelf? This action can in no way be considered free speech or freedom of expression. It’s dangerous, unsanitary and potentially criminal. Yes, it’s silly and childish but it is not a free speech issue. It’s a situation that simply escalates.
Social Media is an Un-Controlled Product
Social media platforms continue to fail to moderate and control the product. Many claim that parental permission is required to join the site. And how effective has that been? Short of actually seeing and getting signed documents providing that permission nothing is effective. That is a glaring defect in the product. Any child can click a box proclaiming to be 16-or 18-year old. It ridiculous how easy it is to get around parental controls. Like leaving a gun on the table for your child to easily grab. And how many pedophiles claim to be 12, 13 or 14 years old on social media in order to molest or do far worse to a child. Let’s face facts; social media companies have no way to prevent or stop it.
The defects in social media platforms continue. Recently Mark Zuckerberg proclaimed an end to moderators on Facebook. His excuse was that they were too politically biased. That excuse is as pathetic as it is obvious. He is hiding behind the free speech argument that its ok for people to issues threats of violence or harm to other users. Especially the usual target of minorities and the LBGTQ. Call them names, threaten them and their families. Shoot up and murder them in the places where they gather. And then live stream it on social media! Or encourage others to do so. Social media is the bull horn for those urging this action. Threaten spouses, friends, neighbors, public officials. Shoot up a school. It’s all good. Its free speech. It’s like buying a car that goes 150 mph and having the dealer tell you go for it! Forget the law or the danger. Yes, some people need no encouragement to act so recklessly but do we need them to advertise and show others what they are doing. That’s what happened to a young man in Florida who, driving at over 150 mph, killed six people. He drove like that often and posted the videos on social media. He was addicted to the product and wanted to make a name for himself. And six people died. Social media is a dangerous product.
Social Media Peddles Misinformation
We see over and over again where social media is used to provide dangerous misinformation from self proclaimed doctors or professionals. People probably died because they read, heard or saw on social media that the COVID-19 pandemic was a hoax. Or the vaccine was dangerous. Or it was politically motivated scam to control people. This product, social media allowed this. Was it free speech. Yes. People can say what they like or believe. But when they give attention to such obvious lies and misinformation what does social media do? Proclaim that they are just the sounding board and not providing the information themselves. They claim people have the right to believe as they please. Right again. But I would argue that when you provide the stage you share responsibility for the show. Turning a blind eye to the power of your product is cowardice. Social media companies need to understand the power of the platform and respect it. They do not. It’s not about free speech. Its about a product that when used improperly causes harm and death. It’s about a product that has becomes addictive and harmful. Yes, like liquor and other drugs. But those things are not free to obtain and there is some regulation around their sale. Why not similar product regulations around social media?
I am not arguing against free speech or the First Amendment in any way. I am arguing for reasonable laws and regulations to control the use of social media. I am arguing for the right to address social media companies as product makers and not free speech platforms. Free speech is a right. But like all rights there must be reasonable limits. Your right, and exercise thereof, cannot impede on my right to feel safe. It cannot infringe on my right to freely express myself even if I am gay or black. You cannot threaten me because you’re free to do so. Too many people hide behind social media to express vile, nasty and evil ideas. As a society we can’t throw our hands up and say; Hey its free speech! Social media is a dangerous product. It’s not a free speech issue.
