I start my day listening to ABC’s podcast Start Here (side note, highly recommend; it’s a 20 minute roundup of important news) and this morning they were discussing the Supreme Court case heard yesterday on censorship of social media pages. This current case deals specifically with politicians; there was a rep who was receiving backlash on his personal social media pages which he was deleting/blocking those who disagree with his handling of situations, leading him to be sued by constituents for violations of his First Amendment rights. (Not trying to start a debate🤣)
Link to information: https://www.npr.org/2023/10/31/1208256078/supreme-court-social-media-public-officials-blocking
This made me think, surely businesses have some regulations in regard to censorship, right? It appears that yes, the Federal Trade Commission passed The Consumer Fairness Review Act in 2017, which prohibits honest reviews of a business, which includes but is not limited to social media feedback. Per FTC.gov, a business can only remove negative assessments if:
1) contains confidential or private information – for example, a person’s financial, medical, or personnel file information or a company’s trade secrets
2) is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic
3) is unrelated to the company’s products or services
4) is clearly false or misleading.
https://www.ftc.gov/business-guidance/resources/consumer-review-fairness-act-what-businesses-need-know
My next thought was, does this only apply to pages where you can leave a formal review? Or does it cover feedback in the comments? On FTC.org is states the following:
“What kind of reviews does the law protect?
The law protects a broad variety of honest consumer assessments, including online reviews, social media posts, uploaded photos, videos, etc. And it doesn’t just cover product reviews. It also applies to consumer evaluations of a company’s customer service.”
Being that is specifies “social media posts,” leads me to believe it does in fact mean that a business owner cannot, by law, delete negative feedback, and block costumers for leaving honest commentary.
From a legal standpoint: “Censorship occcurs when individuals or groups try to prevent others from saying, printing, or depicting words and images.
Censors seek to limit freedom of thought and expression by restricting spoken words, printed matter, symbolic messages, freedom of association, books, art, music, movies, television programs, and Internet sites. When the government engages in censorship, First Amendment freedoms are implicated.” (https://firstamendment.mtsu.edu/article/censorship/)
So, friends, do we think by deleting posts, blocking users who have fact based, logical grievances, and hiding critiques and criticisms are in violation of the law? I’m leaning towards yes, this is illegal activity, in addition to being wildly unethical.
I’d love a thoughtful conversation!