Social Networking Sites’ Gag Order: Commercial Content Moderation’s Adverse Implications for Fundamental Sexual Rights and Wellbeing

Abstract

This article critically investigates the reasoning behind social media content policies and opaque data politics operations regarding sexual visual social media practices and sexual talk, asking what is at stake when social media giants govern sexual sociability on an international scale. Focusing on Facebook, in particular, this article proposes an alternative perspective for handling various expressions of sexuality in social media platforms by exploring the wide-ranging ramifications of community standards and commercial content moderation policies based on them. Given that sexuality is an integral part of human life and as such protected by fundamental human rights, we endorse the freedom of expression as an essential legal and ethical tool for supporting wellbeing, visibility, and non-discrimination. We suggest that social media content policies should be guided by the interpretive lens of fundamental human rights. Furthermore, we propose that social media content policies inclusive of the option to express consent to access sexual content are more ethical and just than those structurally erasing nudity and sexual display.