LAWS0357 Sexuality and the Law (partial
syllabus)
Dr Michael Veale, Associate Professor in
Digital Rights & Regulation UCL Faculty of Laws, 2024-25 (partial
syllabus)
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I run part of this module for final year undergraduates at UCL Laws.
I will maintain my part of the reading list publicly here. If other
parts of the reading list are publicly available, I will add a link in
future.
Sexuality,
Platform Governance and Content Moderation
In recent years, online platforms have taken increasingly active
roles in managing the content on their services. Deciding what should
stay online or be taken down, or what should be suppressed or amplified,
is a value-laden practice called content moderation. Platform
companies such as Meta, TikTok, Google or Twitter all play crucial
roles, and together employ tens of thousands of individuals around the
world to engage in this work, alongside automated algorithmic
technologies and systems for user-reporting and reputation. Governments
too have been increasingly involved in content moderation too, with a
range of emerging laws around the world interacting with the pratices of
platforms. In this seminar, we will consider what happens when content
moderation practices meet queer content, which intrinsically challenges
binaries and boundaries, often seeks to subvert conventional rules and
norms, and which often seeks to reclaim sexual elements that some
individuals, countries or cultures consider taboo.
Questions for Consideration
Read the essential reading (2 articles, excerpts from a
statute) and prepare for the following questions. - What do
online platforms do to shape sexuality and sexual expression? -
How are the rules of online content made, changed and enforced? Looking
at the Digital Services Act, how does law interact with this? - Do you
agree that social media constructs a ‘queer subject without desire’?
What, if any, role for law is there in altering this state of affairs? -
Imagine a governance arrangement for expression and exploration of sex
and sexuality online. What elements would it have? What would be its
biggest challenges?
Essential Reading
Articles
- Ari Ezra Waldman, ‘Disorderly
Content’ (2022) 97 Washington Law Review 907.
- On anti-vice policing, content moderation and the history of rules,
content and queerness.
- Clare Southerton, Daniel Marshall and Rob Cover, ‘Restricted Modes:
Social Media, Content Classification and LGBTQ Sexual Citizenship’
(2021) 23 New Media & Society 920.
- An analysis of controversies on YouTube and Tumblr, and a
consideration of how content filtering and moderation practices of
social media platforms constructs a “queer subject without desire” as a
“good sexual citizen”.
Statute
- Regulation (EU) 2022/2065 of the European Parliament and of the
Council of 19 October 2022 on a Single Market For Digital Services and
amending Directive 2000/31/EC (Digital
Services Act) OJ L 277/1, arts 14(4), 17, 20, 27.
- Look at the DSA — one of the world’s most recent and ambitious
pieces of social media platform regulation. Looking at the articles
listed (you may need to look at the definitions section in art 3 as well
if you are unclear), how do you think they will interact with queer and
sexual content?
Further Reading
- Robert Gorwa, ‘Governance by
Platforms: Definitions, Histories, Concepts’, The Politics of
Platform Regulation: How Governments Shape Online Content
Moderation (Oxford University Press 2024)
- An explanatory paper exploring how platforms govern and how they are
governed.
- ‘Straight
Code’, in Alexander Monea, The Digital Closet: How the Internet
Became Straight (MIT Press 2022).
- A look at the heteronormativity of governing using code.
- Zahra Stardust, ‘Safe
For Work: Feminist Porn, Corporate Regulation and Community
Standards’ in Catherine Dale and Rosemary Overell (eds), Orienting
Feminism: Media, Activism, Cultural Representation (Palgrave Macmillan
2018).
- Jason Koebler and Samantha Cole, ‘Apple
Sucked Tumblr Into Its Walled Garden, Where Sex Is Bad’ (Vice
Motherboard, 3 December 2018)
- A magazine article illustrating the multiple levels of platform
governance around sexuality; how “deeper” platforms like Apple’s App
Store regulate more shallow platforms such as Tumblr with nested
contractual obligations and/or Terms of Service.
- Thiago Dias Oliva and others, ‘Fighting
Hate Speech, Silencing Drag Queens? Artificial Intelligence in Content
Moderation and Risks to LGBTQ Voices Online’ (2021) 25 Sexuality
& Culture 700.
- A study of toxicity detection algorithms Perspective (from
Google’s Jigsaw team) and from Twitter, looking at how the forms of
communication used by the drag community tend to register as toxic and
risk takedown or classification by algorithmic systems.
- Julian A Rodriguez, ‘LGBTQ
Incorporated: YouTube and the Management of Diversity’ [2022]
Journal of Homosexuality.
- A digital ethnography looking the the public corporate face of video
platform YouTube, as well as its less visible practices of moderation,
demonetisation and account blocking of LGBTQ users and content according
to its Terms of Service.
- Jevan A Hutson and others, ‘Debiasing Desire: Addressing Bias
& Discrimination on Intimate Platforms’ (2018) 2 Proceedings of
the ACM on Human-Computer Interaction 73:1.
- This article considers some of the consequences of the design
decisions around dating apps, and how they can facilitate and amplify
bias and discrimination.
- ‘Overblocking’,
in Alexander Monea, The Digital Closet: How the Internet Became
Straight (MIT Press 2022).
- This chapter looks further at content moderation decisions in queer
context online.
- Ellen Simpson and Bryan Semaan, ‘For You, or
For “You”? Everyday LGBTQ+ Encounters with TikTok’ (2021) 4
Proceedings of the ACM on Human-Computer Interaction 252:1.
- An interview-based study with LGBTQ+ TikTok users on how they
navigated with their identities amidst the platform’s algorithmic
systems.
- Stefanie Duguay, Jean Burgess and Nicolas Suzor, ‘Queer
Women’s Experiences of Patchwork Platform Governance on Tinder,
Instagram, and Vine’ (2020) 26 Convergence 237. open access preprint
- An examination of content moderation practices around queer content
in governance context on three platforms.
Sexuality,
Anonymity and an Age-Gated Internet
A 1993 New Yorker cartoon proclaimed
that “on the Internet, nobody knows you’re a dog”. The same veneer of
anonymity that computer-using canines made use of has also been key to
allowing individuals to freely explore their sexualities on the
Internet, particularly in less tolerant cultures or communities, or
where infrequent identities made encountering individuals outside of the
largest cities difficult. At the same time, there have been concerns
around anonymity online, particularly regards the freedom it can give
individuals to act with impunity and without regard for consequences;
and the ease with which children can access content which may be
considered inappropriate for them. In this session, we will unpack these
together, looking both at the importance of control over visibility and
identity for queer individuals online, and zoom in on recent UK policy
proposals around age verification and assurance online.
Questions for Consideration
- What, in your view, is needed for adolescents to sexually mature in
the context of online services?
- What is age verification? Age assurance? What are the arguments for
and against it?
- How does the Online Safety Bill propose to implement different
versions of age verification and individual identification? What
challenges will it face in implementation?
- What impacts might age verification or assurance have on
individuals, particularly those exploring their sexuality, and on the
Internet more broadly?
- Is age verification or assurance a proportionate response to online
policy challenges? What should policymakers do?
Essential Reading
Articles/Chapters
Statute
- Online Safety
Act 2023
- Read sections 1-3, 6-7, 11-13, 35-37 (these
sections focus on the obligations relating to children, and criteria for
services to assess whether they are ‘likely to be accessed by
children’)
- This chapter can help you understand this aspect of the Act if you
are struggling (note it was written before Royal Assent so some clauses
might not line up with section numbers, but few changes happened in the
interim): Lorna Woods, ‘Regulating
to Minimise Harm to Children and Young People’ in Emily Setty, Faith
Gordon and Emma Nottingham (eds), Children, Young People and Online
Harms: Conceptualisations, Experiences and Responses (Springer
2024).
- This paper may also help for the broader understanding of the Act,
especially its tables: Victoria Nash and Lisa Felton, ‘Treating the Symptoms or the Disease?
Analysing the UK Online Safety Act’s Approach to Digital Regulation’
[2024] Policy & Internet
Further reading
- Matthew Carrasco and Andruid Kerne, ‘Queer
Visibility: Supporting LGBT+ Selective Visibility on Social Media’,
Proceedings of the 2018 CHI Conference on Human Factors in Computing
Systems (ACM 2018)
- An interview-based study with US young adults into how they
self-present on social media, and how the design decisions of social
media platforms affect their participation on them.
- Thorsten Thiel, ‘Anonymity: The
Politicisation of a Concept’ in Anon Collective (ed), The Book of Anonymity
(Punctum Books 2021).
- A short chapter providing an overview of different meanings of
anonymity and their social, technical and political trajectories over
time.
- Anthony Henry Triggs, Kristian Møller and Christina Neumayer, ‘Context Collapse and
Anonymity among Queer Reddit Users’ (2021) 23 New Media &
Society 5.
- A study of Reddit users on how they manage their identities online,
particularly when exploring their sexuality.
- Alexander Dhoest and Lukasz Szulc, ‘Navigating Online
Selves: Social, Cultural, and Material Contexts of Social Media Use by
Diasporic Gay Men’ (2016) 2 Social Media + Society 2056305116672485.
- An interview study of individuals in Belgium from various diaspora,
many of which have significant legal or cultural barriers to openness
about their sexuality. Considers the way they use technologies,
particularly Facebook, to navigate these challenges and present their
identities to multiple communities.
- Bryan Choi, ‘The
Anonymous Internet’ (2013) 72 Maryland Law Review 501.
- A law review article arguing that anonymity on the Internet should
be curtailed, as the only other alternative is to limit the ability of
individuals to freely use technologies to generate whatever they
like.
- David Kaye, Report
of the Special Rapporteur on the promotion and protection of the right
to freedom of opinion and expression (United Nations Human Rights
Council, A/HRC/29/2, 22 May 2015), paras 47-55.
- A report by a former UN Special Rapporteur discussing anonymity and
the right to be anonymous online.
- Clare McGlynn, Lorna Woods and Alexandros Antoniou, ‘Pornography, the
Online Safety Act 2023 and the Need for Further Reform’ [2024]
Journal of Media Law.
- Jackie Snow, ‘Why
Age Verification Is So Difficult for Websites’ (Wall Street
Journal, 27 February 2022) (if
paywalled, UCL library link)
- A short news article looking at the practical challenges of age
verification technologies.