On Accountability for Search Engine Content

December 6, 2016

For better or worse, Google and, to a lesser extent other Internet search engines, shape the way many people view the world. That is a lot of power, and some folks are uneasy about allowing those companies to wield it without some sort of oversight. For example, MIT Technology Review asks, “What’s Behind Google’s Secretive Ad-Blocking Policy?” At the heart of the issue is Google’s recent decision to ban ads for payday loans, a product widely considered to be predatory and currently under investigation by the U.S. Consumer Financial Protection Bureau. Reporter Elizabeth Woyke observes that such concerns about gate-keeping apply to other major online companies, like Microsoft, Yahoo, and Baidu. She writes:

Consumers might not realize it, but Google—and other ad-supported search engines—have been making editorial decisions about the types of ads they will carry for years. These companies won the right to reject ads they consider objectionable in 2007, when a Delaware district court ruled that constitutional free-speech guarantees don’t apply to search engines since they are for-profit companies and not ‘state actors.’ The decision cited earlier cases that upheld newspapers’ rights to decide which ads to run.

Google currently prohibits ads for ‘dangerous,’ ‘dishonest,’ and ‘offensive’ content, such as recreational drugs, weapons, and tobacco products; fake documents and academic cheating services; and hate-group paraphernalia. Google also restricts ads for content it deems legally or culturally sensitive, such as adult-oriented, gambling-related, and political content; alcoholic beverages; and health care and medicine. It may require additional information from these advertisers and limit placement to certain geographical locations.”

Legal experts, understandably, tend to be skittish about ceding this role to corporations. How far, and in which directions, will they be allowed to restrict content? Will they ever be required to restrict certain content that could cause harm? And, where do we as a society draw those lines? One suggestion that seems to make sense is a call for transparency. That way, at least, users could tap into the power of PR to hold companies accountable. See the write-up for more thoughts on the subject from legal minds.

Cynthia Murrell, December 6, 2016

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