Hello World,

following feedback we have received in the last few days, both from users and moderators, we are making some changes to clarify our ToS.

Before we get to the changes, we want to remind everyone that we are not a (US) free speech instance. We are not located in US, which means different laws apply. As written in our ToS, we’re primarily subject to Dutch, Finnish and German laws. Additionally, it is our discretion to further limit discussion that we don’t consider tolerable. There are plenty other websites out there hosted in US and promoting free speech on their platform. You should be aware that even free speech in US does not cover true threats of violence.

Having said that, we have seen a lot of comments removed referring to our ToS, which were not explicitly intended to be covered by our ToS. After discussion with some of our moderators we have determined there to be both an issue with the ambiguity of our ToS to some extent, but also lack of clarity on what we expect from our moderators.

We want to clarify that, when moderators believe certain parts of our ToS do not appropriately cover a specific situation, they are welcome to bring these issues up with our admin team for review, escalating the issue without taking action themselves when in doubt. We also allow for moderator discretion in a lot of cases, as we generally don’t review each individual report or moderator action unless they’re specifically brought to admin attention. This also means that content that may be permitted by ToS can at the same time be violating community rules and therefore result in moderator action. We have added a new section to our ToS to clarify what we expect from moderators.

We are generally aiming to avoid content organizing, glorifying or suggesting to harm people or animals, but we are limiting the scope of our ToS to build the minimum framework inside which we all can have discussions, leaving a broader area for moderators to decide what is and isn’t allowed in the communities they oversee. We trust the moderators judgement and in cases where we see a gross disagreement between moderatos and admins’ criteria we can have a conversation and reach an agreement, as in many cases the decision is case-specific and context matters.

We have previously asked moderators to remove content relating to jury nullification when this was suggested in context of murder or other violent crimes. Following a discussion in our team we want to clarify that we are no longer requesting moderators to remove content relating to jury nullification in the context of violent crimes when the crime in question already happened. We will still consider suggestions of jury nullification for crimes that have not (yet) happened as advocation for violence, which is violating our terms of service.

As always, if you stumble across content that appears to be violating our site or community rules, please use Lemmys report functionality. Especially when threads are very active, moderators will not be able to go through every single comment for review. Reporting content and providing accurate reasons for reports will help moderators deal with problematic content in a reasonable amount of time.

    • _haha_oh_wow_@sh.itjust.works
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      8 hours ago

      If I am understanding your question correctly: It means I am not on lemmy.world, I’m on sh.itjust.works, which is federated with lemmy.world but our users are not hosted on your website. I am reading this and posting from a different website.

      So you can post to other instances of lemmy like sopuli.xyz or startrek.website as well as your own home instances, as long as they are federated (connected). If you find you don’t like how one instances is being run, you can always stop using it and register with a different instance (website) while still being able to post to various Lemmy instances.

      • ComradeMiao@lemmy.world
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        7 hours ago

        Sorry I was asking about jury nullification and what that means and what the mod meant since you seemed to get it.

        Thanks for explaining that though. Do you prefer your instance?

        • _haha_oh_wow_@sh.itjust.works
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          6 hours ago

          Aah, sorry, so jury nullification is a legal concept that basically says if a jury thinks someone should not be punished for a crime, even if they are guilty beyond a reasonable doubt as proven by the evidence presented, they are still technically allowed to rule not guilty. This might be because they think the law itself is unjust, the circumstances of the crime still warrant a not guilty verdict, or some other reason entirely.

          Not surprisingly, it’s a controversial subject, but it is an established legal concept in the United States and, even if certain people try to quash discussion of it or spread awareness of it, it is 100% lawful. In my opinion, censoring legal discussions in this way is a step too far and claims of liability are very overblown.

          • ComradeMiao@lemmy.world
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            5 hours ago

            Thanks for explaining it! I had googled it but it seemed so harmless I didn’t get it. That’s kind of insane to ban discussion of a standard law….

            What would lemmy admins have to gain?