Hello World,
following feedback we have received in the last few days, both from users and moderators, we are making some changes to clarify our ToS.
Before we get to the changes, we want to remind everyone that we are not a (US) free speech instance. We are not located in US, which means different laws apply. As written in our ToS, we’re primarily subject to Dutch, Finnish and German laws. Additionally, it is our discretion to further limit discussion that we don’t consider tolerable. There are plenty other websites out there hosted in US and promoting free speech on their platform. You should be aware that even free speech in US does not cover true threats of violence.
Having said that, we have seen a lot of comments removed referring to our ToS, which were not explicitly intended to be covered by our ToS. After discussion with some of our moderators we have determined there to be both an issue with the ambiguity of our ToS to some extent, but also lack of clarity on what we expect from our moderators.
We want to clarify that, when moderators believe certain parts of our ToS do not appropriately cover a specific situation, they are welcome to bring these issues up with our admin team for review, escalating the issue without taking action themselves when in doubt. We also allow for moderator discretion in a lot of cases, as we generally don’t review each individual report or moderator action unless they’re specifically brought to admin attention. This also means that content that may be permitted by ToS can at the same time be violating community rules and therefore result in moderator action. We have added a new section to our ToS to clarify what we expect from moderators.
We are generally aiming to avoid content organizing, glorifying or suggesting to harm people or animals, but we are limiting the scope of our ToS to build the minimum framework inside which we all can have discussions, leaving a broader area for moderators to decide what is and isn’t allowed in the communities they oversee. We trust the moderators judgement and in cases where we see a gross disagreement between moderatos and admins’ criteria we can have a conversation and reach an agreement, as in many cases the decision is case-specific and context matters.
We have previously asked moderators to remove content relating to jury nullification when this was suggested in context of murder or other violent crimes. Following a discussion in our team we want to clarify that we are no longer requesting moderators to remove content relating to jury nullification in the context of violent crimes when the crime in question already happened. We will still consider suggestions of jury nullification for crimes that have not (yet) happened as advocation for violence, which is violating our terms of service.
As always, if you stumble across content that appears to be violating our site or community rules, please use Lemmys report functionality. Especially when threads are very active, moderators will not be able to go through every single comment for review. Reporting content and providing accurate reasons for reports will help moderators deal with problematic content in a reasonable amount of time.
In the TOS, I’d would appreciate it if you would make it clear to users signing up for Lemmy.world which legal jurisdiction the site at large falls under and that the content here must abide by because this is not made clear on the sign up page or in the TOS (it should be front and center, not several scrolls down the page, at the bottom, because it is the basis for everything else in the TOS). At the time of this comment (This information also isn’t listed on any sidebar, or about page for the site itself or the Lemmy.world community/sign up pages so far as I have been able to tell).
The TOS is a legal document and as such, changes should also probably be dated to reflect to existing users what has changed or been updated since their initial sign up and the fact that it is less likely for them to review the TOS at a later date unless you notify them (by email or similar) or they run afoul of the document. This adds important context both for the users and for the legal jurisdiction.
This is also important for moderators who may or may not live or otherwise be subject to the laws of the legal jurisdiction of the site, because naturally moderators will default to and be swayed by what is legal (or illegal) in the jurisdiction where they operate, and will more than likely also not be well acquainted with the laws and regulations outside of where they operate.