Censorship Abound. Should Podcasters Be Worried?

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Whether you believe it’s justified or whether you believe it’s censorship, people are being stifled on social media as a result of the events from last week. Should podcasters be worried they’re next on the list? We turn to the podcasting industry’s favorite attorney for answers…Gordon Firemark.

PBJ: With accounts on social media platforms being blocked, should podcasters be concerned? Firemark: We should all, always be concerned about censorship… but the concern should be about government telling us what we can/can’t say.  I’m not at all troubled by individuals being barred from private online services after numerous warnings and breaches of rules. That’s the prerogative of the owners of the service… however poorly reasoned their decisions may be. That’s the free market at work. The Citizen’s United ruling makes clear that corporations have free speech rights, too… so government can’t tell them what they must carry or with whom they must do business.

I feel that this brouhaha about censorship has shifted the focus of the story AWAY from the real story… and that’s troubling. But I don’t know what else the services could’ve done. It’s a tough situation all around.

PBJ: What should podcasters be careful of when talking about the election? Firemark: I don’t think podcasters need to be “careful” about anything but being truthful and presenting things fairly. It’s OK to have an opinion, even an unpopular one, but to clothe it in language of fact is deceit, and shouldn’t be tolerated. So, let’s all be forthright about theft that we’re sharing points of view. But, if you’re going to do a news show; if you consider yourself a journalist, then bring professional journalistic standards and ethics to bear on what you’re doing. (Even though these days there are few role models to follow for examples of this)

PBJ: YouTube banned Steve Bannon’s podcast. What are your thoughts on that? Firemark: YouTube is owned and run by a private company, so it’s within their rights. They may experience fallout as a result… though I’m sure that’s a calculated risk. But this doesn’t mean Bannon can’t produce, publish and promote his podcast… just not on YouTube.

Do you believe hosting companies can/will be targeted if podcasters talk about the election being stolen? Firemark: Targeted yes?  Though I sincerely hope they don’t cave into the pressure. They could also be targeted if they don’t carry such material. It’s a Hobson’s choice for them. So, yes, some hosting  companies will be inundated with unreasonable demands, bogus DMCA takedowns or other abusive tactics, and maybe boycott campaigns. (Nothing new, really).

So, they may react in their own self-interest with more bans like YouTube’s of Bannon.   Personally,  I prefer to do business with companies that provide their services on a content-neutral basis, and that resist pressure from any direction to “shape” what they carry, but I’ll honor their right to decide for themselves.. and then I’ll vote with my dollars if I’m displeased.

What overall advice do you have for podcasters moving forward? Firemark: Podcasting is a powerful medium, to be sure, but we mustn’t forget that we’re really all in a bunch of little echo chambers. I don’t think many of us are really going to change anybody’s minds about much. We’re narrowcasting to people who subscribe to our shows because they agree with us. But what could happen if we all acted responsibly, with transparency and integrity? What if we took time to listen to others before trying to shout them down?  We as podcasters can choose to live up to the potential of this medium.

Reach out to Gordon by e-mail at gfiremark@firemark.com

Comments:

Molly Ruland - Jan 2, 2021

I feel like it’s a pretty simple conversation, don’t cosign Nazis or terrorists and you will probably not be censored. I feel like the real conversation was completely avoided, censorship isn’t the problem, fascism is. Sometimes it feels like we’re living in an alternate universe when people are more concerned about not being able to spew hatred versus the fact that people are actually spewing hatred. I think anybody who associates with Nazis, promotes Nazis, or enables Nazis should be banned. Private company or not.

So, reading between the lines of your comment, anyone associating with, promoting, or enabling the BLM, Chaz, or Antifa violence during 2020 should be banned?

…if however, Molly Ruland, you are referring to the Capitol violence, perhaps you should brush up on your history a bit. The Nazi’s & Fascists came into power in the 1930’s in large part because of their ability to forge messaging via Propaganda-the social media of their time-and censoring, bullying, and using violence against those who disagreed with that messaging. Their very ideology was founded on leftist principles–bigger government striving for complete control of the populace (hence the origin of Nazi: National ‘Socialist’ Party) by convincing the people to subordinate their personal interests for the common good. Bottom line, peaceful protests are a right granted to ALL Americans. Violence and hatred of any kind regardless of your political bias should not be tolerated.

This “it’s a private company” bullshit is getting pretty old. YouTube, Twitter and Facebook are monopolies. Rather than break them up (which would be justifiable under anti-trust law), and rather than take away their Section 230 exemption, at least require them at the least to adhere to Section 230, which means if they want the exemption, they can’t ban anything that’s not violating the First Amendment. The BS about requiring honest “facts” and censoring anyone who is “intentionally misleading” is also a slippery slope that you give very little attention. Who decides what is factual? Who decides whether someone was just wrong, or was intentionally misleading? Do people have a right to be wrong? I should hope so. How many topics will become priorities for these “factchecker” censors? Shall we be censored if we disagree over climate change, or systemic racism? The election fraud issue is just a wedge. You can do better, counselor.

The monopolies are of monstrous size. Of course the Democratic controlled government will never allow anything to change that will allow the widespread dissemination of information that conflicts with their narratives. Kids are graduating from HS indoctrinated or illiterate for over 40 years. This is a losing battle.