F3(a). Process for terms of service enforcement

The company should clearly disclose the circumstances under which it may restrict content or user accounts.

Elements:

  1. Does the company clearly disclose what types of content or activities it does not permit?
  2. Does the company clearly disclose why it may restrict a user’s account?
  3. Does the company clearly disclose information about the processes it uses to identify content or accounts that violate the company’s rules?
  4. Does the company clearly disclose how it uses algorithmic systems to flag content that might violate the company’s rules?
  5. Does the company clearly disclose whether any government authorities receive priority consideration when flagging content to be restricted for violating the company’s rules?
  6. Does the company clearly disclose whether any private entities receive priority consideration when flagging content to be restricted for violating the company’s rules?
  7. Does the company clearly disclose its process for enforcing its rules once violations are detected?

Definitions:

Account / user account — A collection of data associated with a particular user of a given computer system, service, or platform. At a minimum, the user account comprises a username and password, which are used to authenticate the user’s access to his/her data.

Account restriction / restrict a user’s account — Limitation, suspension, deactivation, deletion, or removal of a specific user account or permissions on a user’s account.

Algorithmic system — A system that uses algorithms, machine learning and/or related technologies to automate, optimize and/or personalize decision-making processes.

Clearly disclose(s) — The company presents or explains its policies or practices in its public-facing materials in a way that is easy for users to find and understand.

Content — The information contained in wire, oral, or electronic communications (e.g., a conversation that takes place over the phone or face-to-face, the text written and transmitted in an SMS or email).

Flag — The process of alerting a company that a piece of content or account may be in violation of the company’s rules, or the signal that conveys this information to the company. This process can occur either within the platform or through an external process. Flaggers include users, algorithmic systems, company staff, governments, and other private entities.

Indicator guidance: It is fair to expect companies to set rules prohibiting certain content or activities—like toxic speech or malicious behavior. However, when companies develop and enforce rules about what people can do and say on the internet—or whether they can access a service at all—they must do so in a way that is transparent and accountable.

We therefore expect companies to clearly disclose what these rules are and how they enforce them. This includes information about how companies learn of material or activities that violate their terms. For example, companies may rely on outside contractors to review content and/or user activity. They may also rely on community flagging mechanisms that allow users to flag other users’ content and/or activity for company review. They may also deploy algorithmic systems to detect and flag breaches, in which case, companies should explain how these systems are used and on what types of content. We expect companies to clearly disclose whether they have a policy of granting priority or expedited consideration to any government authorities and/or members of private organizations or other entities that identify their organizational affiliation when they report content or users for allegedly violating the company’s rules. For mobile ecosystems, we expect companies to disclose the types of apps they would restrict. For personal digital assistant ecosystems, we expect companies to disclose the types of skills and search results they would restrict. In this disclosure, the company should also provide examples to help users understand what these rules mean.

Potential sources:

  • Company terms of service, user agreements
  • Company acceptable use policy, community standards, content guidelines, abusive behavior policy, or similar document that explains the rules users have to follow.
  • Company support, help center, or FAQ
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