A NOTE OF CAUTION

to artists who want to respond to the FTC call for comment on platform censorship

The new Request for Information is likely to be used as a mechanism to justify greater governmental control over social media, rather than bring justice to artists censored online.

The Federal Trade Commission (FTC) in the United States has launched an “Inquiry on Tech Censorship,” seeking to “better understand how technology platforms deny or degrade users’ access to services based on the content of their speech or affiliations.” They have qualified this denial and degrading as “censorship” and “bullying,” and are encouraging users who have been “banned, shadow banned, demonetized, or otherwise censored” to share their comments as part of the Request for Information (RFI) period running from February to May 21st. 

At first glance, you may think ‘Hey! That’s me! I’ve been banned, shadow banned, demonetized and otherwise censored on tech platforms,’ and you wouldn’t be wrong to think that. For artists who have been experiencing threats of account deletion, shadowbanning, violation loops and decreased visibility—this call may seem like what you’ve been waiting for.  But beware, this isn’t all it seems to be, and it wasn’t meant for you. In fact, this inquiry is created with intentions that may well go directly against your own interests. 

In the context of the current presidential administration, the FTC RFI is likely motivated by the  unverified claims that social media companies are suppressing speech that is favored by the current US administration. It is likely a tactic meant to pressure platforms into permitting speech the government agrees with 1 . This politicized effort to control the content moderation on these platforms is not just bound to create an environment more hostile to diverse  artistic expression, it also endangers the bedrock freedom that keeps our internet – and our speech – free from government co-option. 

In the present political climate, it seems likely that the results of the FTC RFI will be utilized in an attempt to justify government intervention in how social media companies moderate their content, thereby threatening companies’ ideological independence and First Amendment rights.  While we might not always agree with how social media companies structure and implement their content moderation policies, calling for government oversight over media is a worse outcome for a democratic society. Social media companies are protected in their editorial choices, much in the way your local bookstore or newspaper is, and the government telling them what they can or cannot host (barring illegal content) is censorship. 

This can seem to put artists who have experienced censorship online in a complicated position. While DDA speaks out against biased algorithms and guidelines, and badly-applied moderation, it also intentionally directs these critiques to the social media companies themselves, and not the government. Our efforts to advise social media companies, and point out when they are wrong and to encourage them to center artistic freedom and human rights, are worthy and impactful – and they also preserve the right of free expression that we all enjoy2. Rather than embolden a questionable government effort to jawbone social media companies into adopting different content moderation policies, DDA encourages artists who are dissatisfied with existing content moderation policies to advocate for the preservation of artistic freedom online.

With those caveats, some of you may still be interested in sharing your own experience of censorship; and since the government is generally expected to respond to issues raised in the public comments, if you do so it is good to be strategic about what you write. We encourage you -- if you decide to weigh in -- to use your comment to make plain that you do not support the government takeover of website's content moderation decisions. For those interested in sending a comment through the RFI, DDA has prepared a boilerplate text to incorporate or send as-is.

To read more about the FTC RFI, check out the following links:

David Grossman, “The FTC Wants More Control Over Online Speech. That’s a Big Problem,” Tech Dirt, 17 March 2025, https://www.techdirt.com/2025/03/17/the-ftc-wants-more-control-over-online-speech-thats-a-big-problem/. 

Ari Cohn, “The FTC is Overstepping its Authority and Threatening Free Speech Online,” FIRE.org, 21 February 2025, https://www.thefire.org/news/ftc-overstepping-its-authority-and-threatening-free-speech-online


footnotes

1 For example, under the guise of fighting censorship under his first-day Executive Order 14149 of January 20, 2025 ("Restoring Freedom of Speech and Ending Federal Censorship"), President Trump suggested a former government official be criminally investigated for suppressing speech that "falsely and baselessly denied that the 2020 election was rigged and stolen." See Presidential Memorandum of April 9, 2025 ("Addressing Risks from Chris Krebs and Government Censorship," available at https://www.whitehouse.gov/presidential-actions/2025/04/addressing-risks-from-chris-krebs-and-government-censorship/.

2The basic principles of the First Amendment and free expression protect private expression – including content moderation decisions online – from government interference in editorial choices. See, e.g., Reno v. ACLU, 521 U.S. 844, 885 (1997) (“As a matter of constitutional tradition, in the absence of evidence to the contrary, we presume that governmental regulation of the content of speech is more likely to interfere with the free exchange of ideas than to encourage it. The interest in encouraging freedom of expression in a democratic society outweighs any theoretical but unproven benefit of censorship.”).

*Use the below boilerplate text by copying all the text you want to incorporate into your comment:

DDA Boilerplate text

Online art censorship is real. However, giving the government the power to make content moderation decisions would further jeopardize artistic freedom, and would violate the First Amendment.

I am an artist who has faced art suppression online because of how my artwork was moderated by platforms. This moderation which has inhibited my ability to work, sell, and share my art has been frustrating and harmful to me.

But I am also aware that any way the government directs these spaces to moderate content is equally susceptible to abuse, particularly by a government that is more interested in giving free rein to hateful speech and suppressing diverse and critical voices.

While I am an artist whose works have been wrongfully suppressed and/or censored online, I believe that government intervention in these policies undermines democratic processes and threatens First Amendment protections afforded to social media companies. As part of this inquiry, the FTC must consider and analyze the constitutional implications of interfering with private companies’ content moderation decisions, which are fully protected by the First Amendment. [See generally Moody v. Netchoice, 603 U.S. __ (July 1, 2024), at 2 (“laws curtailing [online companies’] editorial choices must meet the First Amendment’s requirements”).]

Then go to the FTC COMMENT FORM and paste your text into the “comment” section.

submission deadline May 21

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Additional Resources & Report to DDA

Rather than report experiences of art censorship and suppression to the FTC, please send them to Don’t Delete Art. We have censorship report forms which we use to better understand the nature of online art censorship, and which we use to bring visibility to the issue.

Art Censorship Report / DDA Gallery Application Form

Artist’s Instagram Account Status Survey & Report Form