Re: Blogspot removing all Hentai blogs
With the report adult content thing, I think what that is for is so they could just mark a blog as adult that wasn't already. (I sent a request to have mine flagged already)
The adult side, yes, but the "offensive" side is about the arbitrary decision-making. If they were really committed to freedom of expression to the point that they'd keep that stance even as legal hassles become an issue for them, then they wouldn't even have "report as offensive" in their description of the reporting feature. It shows that they'd not solidly on the side of expression to the degree that, say, asstr is.
That's not a knock on them. They're a small company with limited resources. It's just something to keep in mind for people when they're deciding where to put their content. That's why I prefer reddit - reddit's got a proven track record when it comes to legal issues, and the resources to contest legal challenges.
And as far as arbitrary deletion, you aren't going to get away from that. It's a standard policy. (If it was your system, wouldn't you want the ability to remove content that would get you in legal trouble?)
Of course, but I'd also make my guidelines rather clear cut. The more vague that a service provider is, the more likely they are to be arbitrary, in my experience.
For example, even adding the following to their Terms/Content/Acceptable Use would make expectations of what would be safe vs deleted clearer (which matters not just for the user, but also for the admins when they're making decisions and have to reference their own guidelines):
Potentially Offensive Content
Ok:
- Text that
+ Is fiction that is unrelated to real persons (e.g. erotic stories about a fictional mother and son)
+ Discusses arguments in favor of controversial beliefs (e.g. white supremacy)
- Images and videos that
+ Depict non-copyrighted fictional persons in sexual situations
+ Depict controversial content (e.g. people who are anorexic) in a way that is non-defamatory
Not ok:
- Text that
+ Directs or encourages others to do harm to anyone in real life
+ Depicts interactions with real persons (e.g. celebrities, a blogger's next-door neighbor)
- Images and videos that
+ Appeal to a prurient interest in violence (e.g. "crushing" porn)
+ Violate applicable local or international laws (e.g. defamation, privacy, hate speech)*
+ Violate copyrights of third parties
+ Direct or encourage others to do harm to anyone in real life
+ Depict real people under the age of 18 in sexually suggestive clothing, poses, or situations (including drawn artwork)
+ Depict nudity of real people under the age of 18 (including drawn artwork)
+ Depict real private persons (non-celebrities) in sexually suggestive clothing, poses, or situations - unless the image or video was created for a licensed adult company and that fact can readily be verified (including drawn artwork)**
* Clarification:
- "International laws" means laws that are applied across international borders; not laws that only apply in limited jurisdictions.
** Clarification:
- Images and videos of people who were paid via contract or employment agreement by legally established companies for professional photoshoots or pornographic video can be depicted.
- Images and video of people who were paid in cash by someone who uploaded their photos online cannot be depicted - even if the person who took the images/videos was a licensed professional.
That's not a list that's completely on the side of freedom of expression, but it's a policy set that is reasonable for a small company that wants to avoid legal troubles while still offering a lot of freedom. It complies with both current laws and likely possible laws, and it doesn't prevent people from sharing content that is about anything fictional.
As soon as the real world is a part of content, things become messy. As long as a site explicitly forbids real-life content that isn't commercially produced by a legal establishment, they're not likely to get tangled up in legal issues.
I could be wrong, but if blog.com is not actually incorporated in the usa, then it would not be subject to their laws. So if you were able to incorporate in say, some random country that has no internet policy stuff, you could do whatever you wanted.
That is what you should look into. Where is blog.com incorporated out of as I believe the rules are that you have to follow the laws of the country that you are incorporated in at minimum. With how often the internet seems to change its "rules" anymore it is almsot sad.
Oh, keep those negreps coming, I want to have the high score for negative rep.
The jurisdiction of the place that hosts the website is important in regard to how that country regards international laws and what local jurisdictional laws it requires people to follow. It's not just a matter of "X is okay in the US, but not okay in the UK". Every site has to provide terms that comply with the jurisdictional rules of the place where its business has primary domain.
However, users also have to follow their local laws and any applicable international laws - above and beyond a site's jurisdictional mandates.
In other words, you can't post guro on a site if guro is illegal in your country, the site's country, or internationally between your two countries.