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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The World Cup you’ve never heard of, where the teams have no state

At the Conifa world cup – this year hosted by the Autonomous Republic of Abkhazia – ethnic groups, diaspora communities and disputed territories will battle for footballing glory.

Football's European Championship and the Olympics are set to dominate the back pages over the next few months. How will Team GB fare in Rio? Will the zika virus stop the tournament even going ahead? Will the WAGS prove to be a distraction for the Three Lions? And can Roy Hodgson guide England to a long-awaited trophy?

But before the sprinters are in their blocks or a ball has been kicked, there's a world cup taking place.

Only this world cup is, well, a bit different. There's no Brazil, no damaged metatarsals to speak of, and no Germany to break hearts in a penalty shootout.  There’s been no sign of football’s rotten underbelly rearing its head at this world cup either. No murmurs of the ugly corruption which has plagued Fifa in recent years. Nor any suggestion that handbags have been exchanged for hosting rights.

This biennial, unsung world cup is not being overseen by Fifa however, but rather by Conifa (Confederation of Independent Football Associations), the governing body for those nations discredited by Fifa. Among its member nations are ethnic groups, diaspora communities or disputed territories with varying degrees of autonomy. Due to their contested status, many of the nations are unable to gain recognition from Fifa. As a consequence they cannot compete in tournaments sanctioned by the best-known footballing governing body, and that’s where Conifa provides a raison d’être.

“We give a voice to the unheard”, says Conifa’s General Secretary, Sascha Düerkop, whose world cup kicks off in the Autonomous Republic of Abkhazia at the end of this week.

“We are proud to give our members a forum where they can put themselves on the map.

“From that we hope to give back in the long run and invest in the football infrastructure in our member nations to help them grow.”

The two week footballing celebration starts with an opening ceremony before Kurdistan and Székely Land kick off the tournament. It follows on from 2014’s maiden competition which saw The County of Nice avenging a group stage defeat to Ellan Vannin from the Isle of Man, to take the spoils in the final via a penalty shoot-out.  There were some blowout scores of note however, with South Ossetia smashing Darfur 20-0 and Kurdistan beating the Tamils 9-0 at the event which took place in Östersund, Sweden. Neither of the finalists will be returning to the tournament – throwing down the gauntlet to another twelve teams. 

This, the second Conifa world cup, is testament to the ever-expanding global footprint of the tournament. Abkhazia will welcome sides from four continents – including Western Armenia, the Chagos Islands, United Koreans in Japan and Somaliland.

Despite the “minor” status of the countries taking part, a smattering of professional talent lends credibility to the event. Panjab can call on the experience of ex-Accrington Stanley man Rikki Bains at the heart of their defence, and the coaching savoir-faire of former Tranmere star Reuben Hazell from the dugout. Morten Gamst Pedersen, who turned out for Blackburn Rovers over 300 times and was once a Norwegian international, will lead the Sapmi people. The hosts complete the list of teams to aiming to get their hands on silverware along with Padania, Northern Cyprus, and Raetia.

A quick glance down said list, and it’s hard to ignore the fact that most of the nations competing have strong political associations – be that through war, genocide, displacement or discrimination. The Chagos Islands is one such example. An archipelago in the Indian Ocean, Chagos’ indigenous population was uprooted by the British government in the 1960s to make way for one of the United States' most strategically important military bases – Diego Garcia.

Ever since, they've been campaigning for the right to return. Their side, based in Crawley, has crowdfunded the trip to the tournament. Yet most of its members have never stepped foot on the islands they call home, and which they will now represent. Kurdistan’s efforts to establish an independent state have been well-highlighted, even more so given the last few years of conflict in the Middle East. The hosts too, broke away from Georgia in the 1990s and depend on the financial clout of Russia to prop up their government.

Despite that, Düerkop insists that the event is one which focuses on action on the pitch rather than off it. 

“Many of the nations are politically interested, but we are non-political,” he says. 

“Some of our members are less well-known in the modern world. They have been forgotten, excluded from the global community or simply are ‘unpopular’ for their political positions.

“We are humanitarians and the sides play football to show their existence – nothing more, nothing less.”

The unknown and almost novel status of the tournament flatters to deceive as Conifa’s world cup boasts a broadcast deal, two large stadiums and a plush opening ceremony. Its aim in the long run, however, is to develop into a global competition, and one which is content to sit below Fifa.

“We are happy to be the second biggest football organisation,” admits Düerkop.

“In the future we hope to have women’s and youth tournaments as well as futsal and beach soccer.”

“Our aim is to advertise the beauty and uniqueness of each nation.”

“But the most important purpose is to give those nations that are not members of the global football community a home.”

George Weah, the first African winner of Fifa World Player of the Year award remarked how “football gives a suffering people joy”.

And after speaking to Düerkop there’s certainly a feeling that for those on the game’s periphery, Conifa’s world cup has an allure which offers a shared sense of belonging.

It certainly seems light years away from the glitz and glamour of WAGs and corruption scandals. And that's because it is.

But maybe in a small way, this little-known tournament might restore some of beauty lost by the once “beautiful game”.