Why artists fear online safety laws will chill freedom of expression?

Artists about the implications of online safety legislation on creativity are growing across disciplines. Online safety legislation has been designed to protect users from harmful acts such as cyberbullying, violence, and abuse through misinformation but have also raised worries about whether or not they would restrict artistic experimentation on digital platforms.

For countless artists, the internet is considered one of the most significant resources. It allows artists not only to showcase their work globally, but also to engage new, expanding audiences; often as a direct reply to conditions birthed from social and or political upheaval at the time the artwork was created.

One of the difficulties faced by artists under current legislation is that much of the language used in the laws is vague, unclear, and open to multiple interpretations. For example, the phrase ‘offensive material’ is open for interpretation from person to person, creating an environment.

Art has continually inspired the questioning of society through art, bringing about disruption in the process. For many years, artists from various backgrounds have explored different aspects of society such as identity, gender, political views, trauma and political power.

Regulation, Self-Censorship, and Creative Risk

There is also a fear of artists self-censoring when creating their work. The fear that their work may be flagged, removed, or cause the suspension of their account may lead artists to completely avoid creating anything that they believe would be considered controversial. Artists may create a muted version of their normal creative expression due to this invisible pressure.

Independent and smaller artists are at even greater risk of self-censoring due to the fact that they typically rely on digital platforms and social media to be discovered and generate income. The loss of access to these platforms would be detrimental to their ability to have a successful career.

Concerns exist about unequal application of safety and harassment laws across all artists, especially marginalized art makers from minority backgrounds. For example, marginalized artist creators have an increased probability of being negatively impacted (over-represented) when it comes to content moderation. 

Online safety law advocates argue that as artists are typically targets of abusive behavior online, protection from such abuse is important and should be afforded to all artists. Several members of the advocacy community feel there is no conflict between freedom of expression and a safe environment.

Artists want to be involved in creating any new regulations regarding their profession; therefore, artists would like to see policymakers work hand-in-hand with cultural workers to create regulations that are directly related to specific artistic environments. Without open communication about the nature of the artistic community.

Ultimately, the fear surrounding online safety laws reflects a broader tension between control and creativity. Digital platforms have reshaped how art is made and shared. Protecting users is important, but so is preserving the freedom to imagine, question, and challenge.

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