We can't crowdsource the right to free speech

The BBFC's plan to put content flags on online video could work – but crowd-sourcing censorship isn't the right way to do it.

The debate over protecting children from unsuitable web content has given rise to a novel proposal for content to be rated by users, with the resulting votes going to determine the suitability of the content. Plans are reported to be underway for a traffic light age rating system for user generated videos, on which the British Board of Film Classification and its Dutch equivalent are working with service providers and government. How this will work in practice has not yet been announced but dangers for freedom of expression lurk in relying too heavily on the wisdom of the crowd.

The timing suggests that the idea may be related to the Prime Minster's proposal that households should be able to control their access to adult content online by switching on a simple filter. One of the criticisms levelled at filtering is that to be effective it will have to be a relatively blunt instrument and block both the inoffensive and the inappropriate, with a potential impact on freedom of expression. Crowd-sourced age rating of content is at first sight both appealingly simple and potentially better, allowing greater discernment between content which really is adult and that which a machine might consider so. Red, amber and green ratings will reportedly be arrived at through a combination of the rating applied by the work's contributor and how the audience reacts.

The web inevitably makes available some content which is unsuitable or inappropriate for children to access. Some of this will be illegal, but much more will not, or may be suitable say for over 13s or over 16s only. A traffic light system may therefore struggle to distinguish between these and runs the risk of imposing the strictest warning on masses of content by default.

A greater concern however, is how the new system will guard against becoming a tool to enable prejudices of one kind or another to be played out. The system can only operate if it is the crowd's decision which counts - the reason this is even being considered is because there is too much content for a regulator or platform to consider. Relying on the crowd assumes that a collective consciousness emerges from the great mass of web users and their shared values, rather than a set of subjective reactions. This is a dangerous assumption. As a recent MIT study reported in Science suggests, the "wisdom" of the crowd may be a myth, its mentality more akin to that of a mob or herd. 

A huge amount of content which some viewers may be strongly, even violently, opposed to can be found online. However, such content may well not be illegal, or even be the sort of content that a body such as the BBFC would normally feel the need to apply adult age ratings to - religious teachings for example. Once crowd or mob has control, how will the system ensure it cannot be hijacked to serve the values of one interest group over another? Very few votes may be enough for any piece of video content to be tagged as unsuitable. 

Even then, merely adding a red traffic light rating to a piece of content may not by itself do much harm. But what if the ratings are not a simple visual warning but information which determines whether that piece of content is made available or not?

In controlling what content is made available, European governments' room for manoeuvre is limited. EU law enshrines protection for freedom of expression. Where Member States take measures which affect users' access to and use of services and applications over electronic networks, they have to respect fundamental human rights and freedoms. Any restrictions need to satisfy tests of being appropriate, proportionate and necessary in a democratic society. Determining the suitability of content has, until now, been the preserve of carefully chosen, neutral regulators, applying a set of agreed principles. Would mandating a system of crowd-sourced suitability ratings from anonymous web users around the world satisfy these tests? Without being able to ensure that the system could not be hijacked, it may struggle to do so.

So, encouraging ISPs to take voluntary steps may assist governments in assuaging the most vocal demands for action, while avoiding a difficult debate over internet regulation. But any approved scheme will need safeguards over whether the traffic lights become the basis for automated blocking of content which a household or ISP can apply at the flick of a switch. Once an appealingly simple idea like this takes hold, it may not be readily dropped and may go on to have profound effects on what content is made available in the majority of households in this country.

The BBFC.

Mark Owen is a partner at international law firm Taylor Wessing. He writes here in a personal capacity.

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Air pollution: 5 steps to vanquishing an invisible killer

A new report looks at the economics of air pollution. 

110, 150, 520... These chilling statistics are the number of deaths attributable to particulate air pollution for the cities of Southampton, Nottingham and Birmingham in 2010 respectively. Or how about 40,000 - that is the total number of UK deaths per year that are attributable the combined effects of particulate matter (PM2.5) and Nitrogen Oxides (NOx).

This situation sucks, to say the very least. But while there are no dramatic images to stir up action, these deaths are preventable and we know their cause. Road traffic is the worst culprit. Traffic is responsible for 80 per cent of NOx on high pollution roads, with diesel engines contributing the bulk of the problem.

Now a new report by ResPublica has compiled a list of ways that city councils around the UK can help. The report argues that: “The onus is on cities to create plans that can meet the health and economic challenge within a short time-frame, and identify what they need from national government to do so.”

This is a diplomatic way of saying that current government action on the subject does not go far enough – and that cities must help prod them into gear. That includes poking holes in the government’s proposed plans for new “Clean Air Zones”.

Here are just five of the ways the report suggests letting the light in and the pollution out:

1. Clean up the draft Clean Air Zones framework

Last October, the government set out its draft plans for new Clean Air Zones in the UK’s five most polluted cities, Birmingham, Derby, Leeds, Nottingham and Southampton (excluding London - where other plans are afoot). These zones will charge “polluting” vehicles to enter and can be implemented with varying levels of intensity, with three options that include cars and one that does not.

But the report argues that there is still too much potential for polluters to play dirty with the rules. Car-charging zones must be mandatory for all cities that breach the current EU standards, the report argues (not just the suggested five). Otherwise national operators who own fleets of vehicles could simply relocate outdated buses or taxis to places where they don’t have to pay.  

Different vehicles should fall under the same rules, the report added. Otherwise, taking your car rather than the bus could suddenly seem like the cost-saving option.

2. Vouchers to vouch-safe the project’s success

The government is exploring a scrappage scheme for diesel cars, to help get the worst and oldest polluting vehicles off the road. But as the report points out, blanket scrappage could simply put a whole load of new fossil-fuel cars on the road.

Instead, ResPublica suggests using the revenue from the Clean Air Zone charges, plus hiked vehicle registration fees, to create “Pollution Reduction Vouchers”.

Low-income households with older cars, that would be liable to charging, could then use the vouchers to help secure alternative transport, buy a new and compliant car, or retrofit their existing vehicle with new technology.

3. Extend Vehicle Excise Duty

Vehicle Excise Duty is currently only tiered by how much CO2 pollution a car creates for the first year. After that it becomes a flat rate for all cars under £40,000. The report suggests changing this so that the most polluting vehicles for CO2, NOx and PM2.5 continue to pay higher rates throughout their life span.

For ClientEarth CEO James Thornton, changes to vehicle excise duty are key to moving people onto cleaner modes of transport: “We need a network of clean air zones to keep the most polluting diesel vehicles from the most polluted parts of our towns and cities and incentives such as a targeted scrappage scheme and changes to vehicle excise duty to move people onto cleaner modes of transport.”

4. Repurposed car parks

You would think city bosses would want less cars in the centre of town. But while less cars is good news for oxygen-breathers, it is bad news for city budgets reliant on parking charges. But using car parks to tap into new revenue from property development and joint ventures could help cities reverse this thinking.

5. Prioritise public awareness

Charge zones can be understandably unpopular. In 2008, a referendum in Manchester defeated the idea of congestion charging. So a big effort is needed to raise public awareness of the health crisis our roads have caused. Metro mayors should outline pollution plans in their manifestos, the report suggests. And cities can take advantage of their existing assets. For example in London there are plans to use electronics in the Underground to update travellers on the air pollution levels.

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Change is already in the air. Southampton has used money from the Local Sustainable Travel Fund to run a successful messaging campaign. And in 2011 Nottingham City Council became the first city to implement a Workplace Parking levy – a scheme which has raised £35.3m to help extend its tram system, upgrade the station and purchase electric buses.

But many more “air necessities” are needed before we can forget about pollution’s worry and its strife.  

 

India Bourke is an environment writer and editorial assistant at the New Statesman.