Don’t Delete Art (DDA) promotes artistic freedom online. A project of the National Coalition Against Censorship’s Arts and Culture Advocacy, DDA advocates for the protection of diverse forms of artistic expression across digital platforms by identifying trends affecting artists’ ability to share their work online, responding to those trends through advocacy initiatives, developing and updating resources for artists, and convening online informative programs that address emergent policies and legal regulations in the United States.

OUR WORK

THE ISSUES

In the United States, the First Amendment prevents the government from censoring private speech, including artistic expression. While this remains true of speech circulating online, the governance and enforcement of speech in online environments is largely managed not by the government but by private tech companies–which can prohibit or remove content for any reason outlined in their terms of service. First Amendment protections do not limit the rights of private companies to decide what appears on their platforms.  

As a result, these companies have outsized control over what content is likely to go viral or be relegated to digital obscurity. So when posts of artwork get taken down or restricted, or accounts become disabled—whether because of rigid policies, overbroad enforcement, or technological mishaps—artists and audiences alike can lose access to important forms of cultural expression and public discourse.

BEST PRACTICES FOR UPHOLDING
ARTISTIC FREEDOM ONLINE

The contents below were initially developed as part of a collaboration between civil rights organizations, art collectors, and artist-activists: Article 19, ARC-Artists at Risk Connection, Freemuse, Gala Garrido, IBEX collectors, International Arts Rights Advisors, National Coalition Against Censorship, PEN America, Emma Shapiro, Savannah Spirit, and Spencer Tunick.

Don’t Delete Art advocates for the following practices to be adopted by all online platforms. They are based on the Santa Clara Principles of Transparency and Accountability in Content Moderation

Special protections for artistic content:

  • Platforms should take steps to ensure that artist accounts are not repeatedly unduly silenced, and that content is not too broadly and unnecessarily restricted.

Notifications:

  • All users should be notified every time content is removed or “downranked.” This includes content removed from platform-specific functions ensuring higher visibility, such as search functions, hashtags, explore features, and others.

  • Automated notices should include the following information:

    • details about the specific content removed;

    • details about how the specific content was identified as being in violation of platform guidelines (such as artificial intelligence, user reports, or government action);

    • a description of the exact actions taken against the account or against the visibility of its posts through hashtags, etc.;

    • reasons for the actions taken, including the specific rule violated;

    • as relevant, acknowledgement of specific involvement by state actors in flagging or ordering an action against the account;

    • notification if there is risk of permanent account deletion.

  • Notifications should be accessible even if a user’s account is suspended or terminated.

Appeals:

  • Every notification of removal or downranking should also contain clear information on how to appeal the decision.

  • Appeal should be available even if a user’s account is suspended or terminated.

  • The appeals process needs to include:

    • an opportunity to present additional information to be considered in the review;

    • review by a person or a panel that was not involved in the initial decision;

    • notification of the results and clear explanation, offered within a period of time not longer than seven days;

    • availability of a last instance review by an independent external oversight mechanism.

Both notices and appeals process should be:

  • in the nationally recognized languages of the countries in which the platforms operate;

  • available in the company’s’ Terms of Service; and

  • accessible even if a user’s account is suspended or terminated.

Further suggestions regarding artistic content:

  • Platforms should take steps to make sure artist accounts are not repeatedly silenced: one option is to verify artist and arts organization accounts and then subject them to a different level of algorithmic scrutiny.

  • Platforms should be consistent in their implementation of content moderation rules. For example, if they allow photographic nudity in a “clear artistic context” for one medium or post, they should do it for all mediums and posts that demonstrate a clear artistic context.

  • Platforms should not be censoring artistic expression for the sole reason that it contains nudity. Whereas there may be problems associated with establishing consent or making sure no illegal material is circulated, the human nude has always been one of the central subjects of art. Platforms should develop mechanisms that assure imagery that is present in the world’s museums can also be seen and shared on social media.