Takedown requests:
when the right to preserve history
conflicts with the desire to forget it QT13
Blog by Kristin Taylor
As more student newspapers move to digital platforms, editors and advisers are facing a new and insidious form of post-publication censorship: takedown requests.
The requests usually go something like this: “I was a student at [fill in name] high school [fill in number] years ago, and I was interviewed/wrote a story/was in a photo/made a comment that I regret now. I don’t want this showing up in Google searches. Please remove this story from your site.”
This hypothetical student may not know it, but her request is part of a much larger conversation about honoring individual privacy versus preserving the historical record. In 2014, Europe’s highest court ruled individuals have a “right to be forgotten” that may supersede the right to preserve and share information via search engines like Google. This court ruling is controversial and would probably not happen in the United States; the First Amendment has strong protections for free speech and press that would likely prevent this kind of revisionism, but that doesn’t stop individuals from wishing they could take back the past.
Lawyer Mike Godwin, creator of the tongue-in-cheek “Godwin’s law,” has “been thinking longer than just about anyone else about why people can sometimes behave awfully on the Internet,” according to the Washington Post. He is skeptical that we have more “right to be forgotten” online than we do in everyday life:
“There’s this fantasy that these people have that they have control over what they say or do online,” Godwin writes. “But if I say ‘I love you’ to someone, I can’t take it back. I have no control over what happens to it after that. Words have effect in the real world that you can’t take back. That’s language’s eerie power.”
[pullquote]“What you see underlying the ‘right to be forgotten’ is the idea that somehow there’s a sense of yourself out in the world that you can draw boundaries around,” Godwin continues. “That, I think, is fantasy. I sympathize with the fantasy. I think it’s a natural human impulse. But the fact is that we’re connected in ways that require us to think profoundly about how we present ourselves. And we’re never going to achieve the kind of control over that that one might want in an ideal world.”[/pullquote]
“What you see underlying the ‘right to be forgotten’ is the idea that somehow there’s a sense of yourself out in the world that you can draw boundaries around,” he continues. “That, I think, is fantasy. I sympathize with the fantasy. I think it’s a natural human impulse. But the fact is that we’re connected in ways that require us to think profoundly about how we present ourselves. And we’re never going to achieve the kind of control over that that one might want in an ideal world.”
On one level, I have sympathy for takedown requests. It’s true that we do a lot of growing in our high school years, and we do things we later regret. You only have to look at the growing number of articles and warnings about your “digital footprint” to realize this is a big issue in the Information Age. Unlike an op-ed published in a printed school paper, which is difficult to track down, an op-ed in an online paper is easily searchable. But so are a person’s social media posts and posts where others have tagged her. Our digital footprint isn’t going away, and part of being a successful 21st century citizen is learning to manage it.
I think we also need to help our students understand it’s all right to change our minds over time. Rather than insisting we have never held any other opinion or never made a mistake, we should embrace how our ideas and perspectives shift as we get older and have more experiences. Isn’t it healthier to acknowledge our past beliefs and mistakes rather than deny them? If a college admissions officer or future employer brings up an op-ed you wrote in high school, why not say, “Yes, I had a very different view back then than I do now. Let me tell you about how and why my viewpoint has changed since then.”
[pullquote]As sympathetic as I am to the impulse to “take it back,” I can’t support revisionist history. Part of the job of journalism is to provide a historical record — a true account of events and people from a point in time. Professional papers certainly won’t erase past articles, whether print or digital, and scholastic publications shouldn’t either except, perhaps, in extraordinary circumstances.[/pullquote]
As sympathetic as I am to the impulse to “take it back,” I can’t support revisionist history. Part of the job of journalism is to provide a historical record — a true account of events and people from a point in time. Professional papers certainly won’t erase past articles, whether print or digital, and scholastic publications shouldn’t either except, perhaps, in extraordinary circumstances.
So how should we deal with these requests when they arise? JEA’s Scholastic Press Rights Committee outlines ethical guidelines, staff manual processes and a list of suggestions and resources, one of which is this list of three takedown models for your staff manual. Using these guidelines, I worked with my editors at The Archer School for Girls to craft a takedown policy for our manual that errs on the side of preserving the historical record unless the potential harm to the person making the request outweighs all other factors. This is one possible model staffs could use as they begin to develop their own policies.
Staff Manual Model: Takedown Requests
The Oracle is a digital news source, but it is still part of Archer’s historical record. The Oracle’s primary purpose is to publish the truth, as best we can determine it, and be an accurate record of events and issues from students’ perspectives. Writers and editors use the 11 “Put Up” steps before publication to ensure the validity, newsworthiness and ethics of each article. For these reasons, the editorial board will not take down or edit past articles except in extraordinary circumstances.
If someone requests a takedown, the board will consider the following questions and actions:
- Does the content contain libel, inaccurate information, unwarranted invasion of privacy, obscenity or copyright infringement? If so, the editor-in-chief will remove this unprotected speech and add a corrections statement at the end of the article, as per the “Regarding Errors” policy. If, after careful investigation and discussion, the editorial board determines that the article is too heavily saturated with this unprotected speech to maintain, the board may decide to take the article down entirely. The board must come to consensus to make this decision.
- Does the content harm the requester so significantly that it outweighs all other factors? The editorial board will investigate this claim and weigh it against the value of an unaltered historical record. The board must come to consensus before taking down an article for this reason.
- If the content does not meet either of these extraordinary circumstances, it will remain posted.
Regardless of the outcome, the Editor-in-Chief will respond in writing to the request explaining the board’s action(s) and rationale for the final decision.
Guideline: Journalists may be asked to remove online content for any number of reasons. Just because content is unpopular or controversial does not mean a media staff should comply with such requests. When journalists meet their goal of producing consistent, responsible journalism, they likely will choose to leave the content in question online even in the face of criticism.
All media – including student media – provide a historical record of issues, events and comments. As such, content should not be changed unless there are unusual circumstances.
Another alternative to takedown demands would be to create publishing standards we would call Put Up criteria. Train student editors and staffers in why and how something should be published so takedown requests are avoided.
Key point: Source’s remorse, writer’s second-thoughts or other rethinking of existing information accessible to employers, colleges or simply to friends sometimes causes uncomfortable questions for student staffs.
What guidelines should student media staffers adapt or create that fulfills the role of historical-record, forum and source of information?
Stance: We feel there are no quick and easy answers, but plenty of ethical room for discussion and implementation of workable guidelines (not policy) that can withstand the test of time.
Reasoning/suggestions
- In some cases, student editors may take down a story because they determine the content warrants a one-time exception (such as fabrication or to protect a source).
- Reporters may elect to do a follow-up story.
- If student editors choose to remove content, they should publish a note on the site explaining when and why the content was removed.
- Takedown criteria should be outlined and explained in the staff manual.
- Create guidelines and procedures to ensure students only post information and images they feel meet standards of responsible journalism: Put Up guidelines.
Resources: Takedown demands? A roadmap of choices Scholastic Press Rights Committee
Respond to Takedown Demands, Student Press Law Center
Setting Criteria Before the Requests Come, JEA Scholastic Press Rights Committee
10 Steps to a Put-Up Policy, JEA Scholastic Press Rights Committee
Audio: Takedown Requests, JEA Scholastic Press Rights Committee, Press Rights Minute
5 Ways News Organizations Respond to ‘Unpublishing’ Requests, The Poynter Institute
Related: These points and other decisions about mission statement, forum status and editorial policy should be part of a Foundations Package that protects journalistically responsible student expression.
Read MoreThe issues with April Fools coverage QT 11
April Fool’s issues are fake news and can damage student media’s credibility.
Yes, some find them acceptable, but their negatives far outweigh their positives. The ultimate question is are they worth the risks?
As a publication that strives for authentic, storytelling journalism for your community, breaking that convention for a satirical, or even mean, publication is counter to the principles good journalists should strive for. When you break the conventions and principles for which you are known to produce satire, you may be opening yourself up to charges of libel, obscenity, or even disruption. Satire is incredibly hard to do consistently well and correctly, and it is best left to the professionals who have far more protection.
Guidelines: April Fools issues have little to no journalistic value and do not advance the brand of student media. As a result, students should not publish an April Fool’s issue.
Question: Are April Fool’s issues and satire worth the risk? What is the journalistic value of publishing April Fools materials?
Key points/action: If your goal is to publish factual stories with impact and significance, then publishing April Fools material and other fake news may not be your priority. To publish information you know is false might lead to other legal and ethical issues, but if your media are designated public forums, that would be your choice and your responsibility.
Students publishing information they know is not true would be well advised to have a good grasp of legal and ethical journalistic standards.
Professionals have mastered the art of satire and comedy as a form of news reporting, but does that mean we should be trying to teach it in high school? Publications like The Onion have shown us satire can tell stories at the same time that they entertain, but can we effectively teach students to master the same skill
Stance: There are no quick and easy absolutes. Students need to balance their free expression rights with their mission and social responsibility to truth, accuracy and verified reporting. School publications put themselves at great risk when they publish April Fool’s issues and/or satire.
Reasoning/suggestions: Publishing something knowingly false raises significant legal issues of libel and malice and the newly concerning fake news plague. Decisions to choose a path that brings your student media into conflict with serious legal and ethical issues would have to fulfill essential media missions and goals.
Professional publications engaging in satire do so with a clear brand. Most of the public clearly recognizes the convention of the medium, and that gives it much more protection. Your student publication does not have the same brand.
As a publication that strives for authentic, storytelling journalism from your community, breaking that convention for a satirical publication is counter to the principles good journalists should strive for. When you break the conventions and principles for which you are known to produce satire, you may open yourselves to charges of libel, obscenity or even disruption. Satire is incredibly hard to do consistently well and correctly, and it is best left to the professionals who have far more protection.
Resources:
April Fools’ negatives outweigh positives, usually don’t fulfill techniques of satire
SPLC article: The joke is on these college editors — offensive April Fools humor can backfire badly
Related: These points and other decisions about mission statement, forum status and editorial policy should be part of a Foundations Package that protects journalistically responsible student expression.
Read MoreSo your student media
want to do senior wills? QT10
Because senior wills have minimal journalistic value and great potential for damage, they should not be used in school publications.
Seniors wills have been dying a slow death in high school yearbooks. Yes, students love them, but can we defend them as a journalistic device? Do they represent the best of our work, and the most creative way to tell the stories of students in our schools?
Publishing something information not related to all students and which creates significant issues of review might have harsher outcomes than foreseen. Passing Senior Wills off to the senior class for publication might be a workable solution to solving a clash between professional standards and meeting student desires.
Guideline: Because senior wills have minimal journalistic value and great potential for damage, they should not be used in school publications.
Question: What is the journalistic value in publishing senior wills?
Key points/action: Seniors wills have been dying a slow death in high school yearbooks. Yes, students love them, but can we defend them as a journalistic device? Do they represent the best of our work, and the most creative way to tell the stories of students in our schools?
Stance: Students need to balance their free expression rights with their mission and social responsibility to truth, accuracy and verified reporting. Senior wills should be taken out of your yearbooks and replaced with better ways of telling student stories.
Reasoning/suggestions: Publishing something information not related to all students and which creates significant issues of review might have harsher outcomes than foreseen. Passing Senior Wills off to the senior class for publication might be a workable solution to solving a clash between professional standards and meeting student desires.
Senior wills are a vestige of the past and serve little purpose in advancing the stories of the school year. When you allow senior wills, you are inviting others to create content for the product which has your name behind it. You lose control of the message and invite students the opportunity to include inside jokes, Libel, innuendo or other messages which may harm other students in your school. Content could slip in that covertly bullies or harms members of your community, and you would be responsible for it.
Resources: Winner of ‘worst reputation’ award sues Ind. High school over comments in newspaper
Related: These points and other decisions about mission statement, forum status and editorial policy should be part of a Foundations Package that protects journalistically responsible student expression.
Read More
Should student media publish
senior superlatives? QT9
Publishing senior superlatives, if seniors decide they are worthwhile at all, is one of those “traditions” best moved from student media to those who most clearly benefit – the senior class.
Face it, publishing senior superlatives is akin to publishing fake news. They are not newsworthy, not in line with most student media mission statements and not factually based. It can also be argued they take precious funding from other more journalistically responsible topics.
That said, if students really feel they serve a legitimate or traditional purpose, move them totally to the legal, ethical and financial responsibility of senior class officers, including printing or distribution.
We recommend student editorial boards begin work with senior class officials to shift the legal, ethical and financial responsibility to those affected. Once those students and their adults see the difficulties of publishing senior superlatives, only time will tell their future.
Guideline
Publishing senior superlatives, if seniors decide they are worthwhile at all, is one of those “traditions” best moved from student media to those who most clearly benefit – the senior class.
Question: Should student media publish senior superlatives?
Key points/action:
Face it, publishing senior superlatives is akin to publishing fake news. They are not newsworthy, not in line with most student media mission statements and not factually based. It can also be argued they take precious funding from other more journalistically responsible topics.
That said, if students really feel they serve a legitimate or traditional purpose, move them totally to the legal, ethical and financial responsibility of senior class officers, including printing or distribution.
Stance:
Senior superlatives should not take away space, time or finances from responsible journalism. Shift the energy it takes to come up with them to those who benefit most, the senior class.
Reasoning/suggestions:
Students, and sometimes school officials, sometimes forget their main mission of publishing: informing their communities of real news that affect them. Senior superlatives achieve none of those standards.
We recommend student editorial boards begin checking with senior class officials to shift the legal, ethical and financial responsibility to those affected. Once those students and their adults see the difficulties of publishing senior superlatives, only time will tell their future.
Bottom line: student media should stay away from fake news and focus on real stories.
Related: These points and other decisions about mission statement, forum status and editorial policy should be part of a Foundations Package that protects journalistically responsible student expression.
Read More
The role of the adviser is multifold, but ethically, practically, not a doer QT20
The role of the adviser in student-run media incorporates teacher, coach, counselor, listener and devil’s advocate but not doer. We like the JEA Adviser Code of Ethics as guides for advisers.
That role means letting students make all decisions including content, context and grammar.
One way advisers can help this process is by having a staff manual inclusive of the student media mission statement, policies, guidelines and procedures. The mission statement outlines the overall aim of the student media. Policies are either the board-level or media-level and state the functionality of the student press. Guidelines are the ethical components the student media will work with. The procedures and resources for students to learn how to do something
Guidelines
As per the board-level or media-level policy, students should be empowered to make all content decisions for student media.
Key points/action:
If the term “student media” is to have meaning, then the role of the adviser should be just what it says: advise.
The role of the adviser in student-run media incorporates teacher, coach, counselor, listener and devil’s advocate but not doer.
That role means letting students make all decisions including content, context and grammar.
Stance:
Students learn best when they are empowered to make their own decisions with support from the adviser on the sideline. A clear understanding of the adviser’s role helps students take ownership of their work and the program overall.
Reasoning/suggestions:
To help teachers and advisers understand this role more completely, we recommend the JEA Adviser Code of Ethics as a starting point. We also recommend inclusion of a statement on the role of the adviser by noting the adviser code and a statement that students make all decisions of content. Advisers should advise and ask questions to help the students examine the issue from multiple perspectives and concerns.
One way advisers can help this process is by having a staff manual inclusive of the student media mission statement, policies, guidelines and procedures. The mission statement outlines the overall aim of the student media. Policies are either the board-level or media-level and state the functionality of the student press. Guidelines are the ethical components the student media will work with. The procedures and resources for students to learn how to do something.
If students know (or can look at what to do) what By already establishing these prior to a problem happening, it’s easier to see what to do when something does happen. (And, it will.) These policies, guidelines and procedures should function as a reference and be complete (preferably) prior to the problem happening. This helps the students (and adviser) work through issues if they do happen.
Resources: Adviser responsibility
Related: These points and other decisions about mission statement, forum status and editorial policy should be part of a Foundations Package that protects journalistically responsible student expression.
Teaching grit for citizenship — why we must empower, not shield students (related SPRC blog).
Read More