Update: After this article was published, Bluesky restored Kabas’ post and told 404 Media the following: “This was a case of our moderators applying the policy for non-consensual AI content strictly. After re-evaluating the newsworthy context, the moderation team is reinstating those posts.”

Bluesky deleted a viral, AI-generated protest video in which Donald Trump is sucking on Elon Musk’s toes because its moderators said it was “non-consensual explicit material.” The video was broadcast on televisions inside the office Housing and Urban Development earlier this week, and quickly went viral on Bluesky and Twitter.

Independent journalist Marisa Kabas obtained a video from a government employee and posted it on Bluesky, where it went viral. Tuesday night, Bluesky moderators deleted the video because they said it was “non-consensual explicit material.”

Other Bluesky users said that versions of the video they uploaded were also deleted, though it is still possible to find the video on the platform.

Technically speaking, the AI video of Trump sucking Musk’s toes, which had the words “LONG LIVE THE REAL KING” shown on top of it, is a nonconsensual AI-generated video, because Trump and Musk did not agree to it. But social media platform content moderation policies have always had carve outs that allow for the criticism of powerful people, especially the world’s richest man and the literal president of the United States.

For example, we once obtained Facebook’s internal rules about sexual content for content moderators, which included broad carveouts to allow for sexual content that criticized public figures and politicians. The First Amendment, which does not apply to social media companies but is relevant considering that Bluesky told Kabas she could not use the platform to “break the law,” has essentially unlimited protection for criticizing public figures in the way this video is doing.

Content moderation has been one of Bluesky’s growing pains over the last few months. The platform has millions of users but only a few dozen employees, meaning that perfect content moderation is impossible, and a lot of it necessarily needs to be automated. This is going to lead to mistakes. But the video Kabas posted was one of the most popular posts on the platform earlier this week and resulted in a national conversation about the protest. Deleting it—whether accidentally or because its moderation rules are so strict as to not allow for this type of reporting on a protest against the President of the United States—is a problem.

  • neclimdul@lemmy.world
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    6 hours ago

    Protected from government censorship. Companies have strong protections allowing for controlling the speech on their platforms.

    And if you asked Roberts he’d probably say since companies are people, as long as it’s used to protect conservatives they have protection for controlling their platforms speech as a 1st amendment right.

    • kava@lemmy.world
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      4 hours ago

      not claiming private organizations don’t have to the right to regulate speech on their platforms. was responding to statement

      I understand why there are exceptions for those in positions of power, but I’d be more than happy to live in a world where there weren’t.

      which to me implies some sort of state censorship on this type of material

      Really, I just wanted to understand the rationale behind the desire to ban this type of material.

      On the topic of Judge Roberts, on a similar although different legal issue

      He wrote the Court’s opinion in United States v. Stevens (2010), invalidating a federal law that criminalized the creation or dissemination of images of animal cruelty. The government had argued that such images should be a new unprotected category of speech akin to child pornography. Roberts emphatically rejected that proposition, writing that the Court does not have “freewheeling authority to declare new categories of speech outside the scope of the First Amendment.” Roberts also wrote the Court’s opinion in Snyder v. Phelps (2011), ruling that the First Amendment prohibited the imposition of civil liability against the Westboro Baptist Church for their highly offensive picketing near the funeral of a slain serviceman.

      In oft-cited language, Roberts wrote:

      “Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and — as it did here — inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a Nation we have chosen a different course — to protect even hurtful speech on public issues to ensure that we do not stifle public debate. That choice requires that we shield Westboro from tort liability for its picketing in this case.”

      If Judge Roberts were to be consistent, and I make no such claims that he will ever be consistent, I believe he would likewise not support banning fake AI porn.