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WordPress Terms of Service, Censorship and Community (Sex in the Public Square)

Feb 5th, 2007 by Viviane

Elizabeth writes:

I like WordPress. A lot. I like that it is based on an open source platform. I like that it is independent, that is, not owned by a monstrously large corporation. I like that as a community it is generally very open.

That is why I’m concerned about a storm that is brewing over issues of censorship and community control among we WordPress.com bloggers. The controversy began when Janie and Kate noticed that their blogs had disappeared from tag pages. I’m writing about it here because, predictably, it began with some beautiful, erotic, sexual content. (Their blogs do contain erotic content. That’s not all they contain, but they do contain that, so if you’re bothered by that kind of thing, don’t click those links.)

The WordPress Terms of Service — you read them, didn’t you? Certainly you got your treat, right? — makes the following things clear:

  1. WordPress (And Automattic, the hosting service) don’t screen content before it is posted. (TOS Item 3)
  2. Bloggers must agree not to post illegal content like spam, obscene material, fraud schemes, etc. (Note: there is in the law a significant difference between obscenity and indecency. Obscenity is not protected by the first amendment.) (TOS item 2)
  3. Automattic (the host of all our content) reserves its right to remove or refuse any content that, in its “reasonable opinion, violates any Automattic policy or is in any way harmful or objectionable.” (Note: Harmful or objectionable are certainly very subjective terms, but we did agree to this when we accepted the TOS and put up our blogs.) (TOS item 2)

The content that started the uproar was not removed from the site. Instead, it was subject to a policy not described in the TOS: “reporting as mature.” (more…)

Tags: bloggers, legal, sex, tes, wordpress

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