scholarly journals Freedom, Commerce, Bodies, Harm: The Case of Backpage.com

2017 ◽  
Vol 5 (2) ◽  
pp. 3-15
Author(s):  
Elizabeth Swanson
Keyword(s):  
Service Providers ◽  
Sexual Exploitation ◽  
Third Parties ◽  
Commercial Sexual Exploitation ◽  
Internet Service ◽  
Harm To Others ◽  
The Law ◽  
Gendered Bodies ◽  
Legal Strategies ◽  
Sexual Commerce

This article situates lawsuits against Backpage.com in the context of changing laws and norms of sexual commerce and trafficking, and of evolving legal interpretations of Section 230 of the Communications Decency Act. Section 230 has been used repeatedly to shield internet service providers such as Backpage.com from liability for content generated by third parties that has led to criminal harm to others; in this case, the trafficking and commercial sexual exploitation of minors. Moving to a critique of the law as at times grievously detached from the realities it addresses, I compare the legal strategies and decisions in three prominent cases brought against Backpage.com in St. Louis, Tacoma, and Boston, respectively. This critique identifies the evacuation of gendered bodies and the harm done to them from the court opinions as an example of what Robert Cover has called the “interpretive violence” of the law, and of the judges who interpret and dispense it. I conclude by calling for courts and Congress to act together to disrupt the accumulation of interpretive precedent favoring freedom of commerce and speech over the protection of bodies from harm.

Experiences of Racism and Racial Tensions Among African American Women Impacted by Commercial Sexual Exploitation in Practice: A Qualitative Study

2019 ◽  
Vol 26 (5) ◽  
pp. 438-457
Author(s):  
Lara B. Gerassi
Keyword(s):  
Black Women ◽  
Qualitative Study ◽  
African American Women ◽  
White Women ◽  
Service Providers ◽  
Sexual Exploitation ◽  
Commercial Sexual Exploitation ◽  
Adult Women ◽  
Related Services ◽  
Related Service

Barriers faced by Black women when navigating commercial sexual exploitation (CSE)-related services remain understudied. This qualitative study explores (a) Black women’s experiences of racism when accessing services in CSE-related organizations and (b) the existence and manifestation of racial tensions in practice. In-depth interviews were conducted with 30 adult women who traded sex as adults and 20 CSE-related service providers. Findings suggest that Black women perceive preferential treatment given to White women. Racial tensions between women accessing programs were identified, as well as a promising practice of intergroup dialogue groups addressing racism, privilege, and oppression. Implications are discussed.

scholarly journals HATE SPEECH ON SOCIAL NETWORK SITES: PERPETRATOR AND SERVICE PROVIDERS’ LIABILITY

Obiter ◽  
2021 ◽  
Vol 32 (2) ◽  
Author(s):  
Frans Marx
Keyword(s):  
South Africa ◽  
Social Network ◽  
Hate Speech ◽  
Service Providers ◽  
Social Network Sites ◽  
The United States ◽  
Third Parties ◽  
The Internet ◽  
Specific Reference ◽  
Internet Service

The article investigates the phenomenon of hate speech on social network sites and gives an overview of the national and international legal instruments which are available to combat hate speech. After an overview of the nature of hate speech andthe early international attempts to curb it, hate speech in South Africa is investigated. The question is posed whether statements of hatred made on the Internet, especially if published from sites such as Facebook which is external to South Africa, can leadto liability for perpetrators in South Africa. International responses to hate speech in cyberspace are then investigated with specific reference to the possible liability of Internet service providers for hate speech posted by third parties on their websites. Itis shown that, although service providers in the United States enjoy more protection than those in European Union, Canada and South Africa, hate speech on social network sites can be legally curbed. It is concluded that the myth that the Internet as a godless, lawless zone can and must be dismissed.

Addressing race, racism, and commercial sexual exploitation in practice through an action-based research partnership

2018 ◽  
Vol 17 (2) ◽  
pp. 220-236 ◽  
Author(s):  
Lara B Gerassi ◽  
Amanda Colegrove ◽  
Deanna Kopriva McPherson
Keyword(s):  
Sex Trafficking ◽  
Service Providers ◽  
Sexual Exploitation ◽  
Research Process ◽  
Service Organizations ◽  
Commercial Sexual Exploitation ◽  
Service Access ◽  
Adult Women ◽  
Social Service Organizations ◽  
Methodological Rigor

This paper analyzes the participatory research process stemming from a five-year transformative relationship between anti-trafficking coalition members (including service providers from multiple social service organizations), the coalition organizer, and a service provider who became a sex trafficking/commercial sexual exploitation researcher. We describe the collaborative process in the study design (including development of research questions, methodological and analytic planning, interview guide development, member checking, dissemination of findings, and creation of action steps) for one study, which sought to understand barriers and facilitators to service access and engagement among adult women involved in commercial sex. We analyze how our relationships enhanced methodological rigor and overall feasibility of the study, while creating a pathway to change in the community. Finally, we reflect on the role of our own diverse racial identities in collaborating on this research study, as well the implications for action.

Global problem, local solutions: Challenges to exiting commercial sexual exploitation and service provision

2017 ◽  
Vol 62 (2) ◽  
pp. 741-753 ◽  
Author(s):  
Bincy Wilson
Keyword(s):  
Best Practices ◽  
Service Provision ◽  
Service Providers ◽  
Sexual Exploitation ◽  
The United States ◽  
Commercial Sexual Exploitation ◽  
Local Solutions ◽  
Using Data ◽  
Different Cultures ◽  
Insight Into

This article explores the challenges (barriers and needs) in exit from commercial sexual exploitation and its implications on service provision across different cultures, using data gathered from 55 service providers in India and the United States. The findings provide an insight into the societal nuances of the exit phenomenon, where the similarities reflect the ubiquitous nature of exploitation and the differences reflect the distinct cultural outlook within each society. The learning would initiate development/modification of interventions that are culturally sensitive and appropriate while sharing knowledge of best practices, thereby helping to make a real impact in the lives of those affected.

Communication, defamation and liability of intermediaries

Legal Studies ◽  
2015 ◽  
Vol 35 (2) ◽  
pp. 348-368 ◽  
Author(s):  
Jan Oster
Keyword(s):  
Human Rights ◽  
Communication Theory ◽  
Service Providers ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
Internet Service Providers ◽  
Internet Service ◽  
Publication Process ◽  
The Law ◽  
Intermediary Liability

The legal framework concerning liability of communication intermediaries for defamation is under-conceptualised. The paper thus develops a holistic doctrinal approach to liability of speech intermediaries, such as Internet service providers (ISPs), booksellers and newspaper vendors, for defamation. It views intermediary liability for defamatory speech against the backdrop of communication theory and freedom of expression doctrine. If properly conceptualised, as suggested in this paper, the law of defamation can accommodate the cyberspace-specific legislation in Arts 12–15 of the e-commerce Directive and s 5 of the Defamation Act 2013, as well as the innocent dissemination defence in s 1 of the Defamation Act 1996, now to be read together with s 10 of the Defamation Act 2013. The paper establishes six tenets of intermediary liability for defamatory content. In particular, it argues that ‘publication’ is to be conceptualised as a merely factual requirement for defamation, whereas the defence of ‘innocent publication’, also known as ‘innocent dissemination’, is a fault-based concept. Communication intermediaries are thus to be considered ‘publishers’, even if they have a merely automatic role in the publication process, but they may avail themselves of the defence of ‘innocent publication’. This defence has to be applied in compliance with the human rights of the parties involved.

Multidisciplinary and Partnership Responses to Prevent and Counteract the Commercial Sexual Exploitation of Children

2012 ◽  
Author(s):  
Katlijn Declercq ◽  
Maia Rusakova ◽  
Sahin Antakyalioglu ◽  
Maria Eugenia Villarreal ◽  
Tufail Muhammad
Keyword(s):  
Sexual Exploitation ◽  
Commercial Sexual Exploitation
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