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.

  • wewbull@feddit.uk
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    16 days ago

    Sure Dragonfucker.

    Netherlands Criminal Code

    Part V. Serious Offences against Public Order

    Section 131

    1. Any person who in public, either verbally or in writing or through images, incites another or others to commit any criminal offence or act of violence against the authorities, shall be liable to a term of imprisonment not exceeding five years or a fine of the fourth category.

    Thank you for your detailed legal analysis.

    • Dragon Rider (drag)@lemmy.nz
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      16 days ago

      Brian Thompson isn’t a Dutch authority, so it’s not illegal to incite violence against him, as per your quote.

            • Serinus@lemmy.worldM
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              14 days ago

              “dragonrider” got called “dragonfucker” and then changed their display name to match.

              • TachyonTele@lemm.ee
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                13 days ago

                All you have to do is click on thier name.

                Dragon Rider (drag)

                dragonfucker
                @lemmy.nz

                Drag rides dragons and also “rides” dragons.

                The person was literally just calling them by thier name.

                  • TachyonTele@lemm.ee
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                    13 days ago

                    Yeah you’re mistaken. That’s been their name on all of thoer accounts for as long as theyve been on lemmy. You can’t change your account name, unless you make a new account, just your display name.

                    I would restore the comment, if possible. The person didn’t do anything wrong.

                    Dragon is also a known troll that’s been banned multiple times from basic comms.

              • catloaf@lemm.ee
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                13 days ago

                I’ve seen that user before. “Dragon rider” has been their display name for quite a while.

                Regardless, using someone’s name like this cannot possibly be considered a personal attack.