When FOIA Goes to Court: 20 Years of Freedom of Information Act Litigation by News Organizations and Reporters

Curated on Posted on by Stefaan Verhulst

Report by The FOIA Project: “The news media are powerful players in the world of government transparency and public accountability. One important tool for ensuring public accountability is through invoking transparency mandates provided by the Freedom of Information Act (FOIA). In 2020, news organizations and individual reporters filed 122 different FOIA suits[1] to compel disclosure of federal government records—more than any year on record according to federal court data back to 2001 analyzed by the FOIA Project. 

In fact, the media alone have filed a total of 386 FOIA cases during the four years of the Trump Administration, from 2017 through 2020. This is greater than the total of 311 FOIA media cases filed during the sixteen years of the Bush and Obama Administrations combined. Moreover, many of these FOIA cases were the very first FOIA cases filed by members of the news media. Almost as many new FOIA litigators filed their first case in court in the past four years—178 from 2017 to 2020—than the years 2001 to 2016, when 196 FOIA litigators filed their first case. Reporters made up the majority of these. During the past four years, more than four out of five of first-time litigators were individual reporters. The ranks of FOIA litigators thus expanded considerably during the Trump Administration, with more reporters challenging agencies in court for failing to provide records they are seeking, either alone or with their news organizations.

Using the FOIA Project’s unique dataset of FOIA cases filed in federal court, this report provides unprecedented and valuable insight into the rapid growth of media lawsuits designed to make the government more transparent and accountable to the public. The complete, updated list of news media cases, along with the names of organizations and reporters who filed these suits, is available on the News Media List at FOIAProject.org. Figure 1shows the total number of FOIA cases filed by the news each year. Counts are available in Appendix Table 1 at the end of this report….(More)”.

Figure 1. Freedom of Information Act (FOIA) Cases Filed by News Organizations and Reporters in Federal Court, 2001–2020.

2020 was the year activists mastered hashtag flooding

Curated on Posted on by Stefaan Verhulst

Nicole Gallucci at Mashable: “A lone hashtag might not look very mighty, but when used en masse, the symbols can become incredibly powerful activism tools.

Over the past two decades — largely since product designer Chris Messina pitched hashtags to Twitter in 2007 — activists have learned to harness the symbols to form online communities, raise awareness on pressing issues, organize protests, shape digital narratives, and redirect social media discourse. 

On any given day, a series of hashtags are spotlighted in “Trending” section of Twitter. The hashtags featured are those that have gained traction online and reflect topics being heavily discussed in the moment. More often than not, a trending hashtag’s popularity is organic, but a hashtag’s origin and initial purpose can become clouded when people partake in a clever tactic called hashtag flooding.

Hashtag flooding, or the act of hijacking a hashtag on social media platforms to change its meaning, has been around for years. But in 2020, particularly in the months leading up to the presidential election, activists and social media users looking to make their voices heard used the technique to drown out hateful narratives.

From K-pop fans flooding Donald Trump-related hashtags to members of the gay community putting their own spin on the #ProudBoys hashtag, the method of online communication dominated timelines this year and should be in every activist’s playbook….(More)”.

What we think we know and what we want to know: perspectives on trust in news in a changing world

Curated on Posted on by Stefaan Verhulst

Report by the Reuters Institute for the Study of Journalism: “…Trust in news has eroded worldwide. According to the Reuters Institute’s Digital News Report 2020, fewer than four in ten people (38%) across 40 markets say they typically trust most news (Newman et al. 2020). While trust has fallen by double digit margins in recent years in many places, including Brazil and the United Kingdom (Fletcher 2020), in other countries more stable overall trends conceal stark and growing partisan divides (see, for example, Jurkowitz et al. 2020).

Why is trust eroding, how does it play out across different contexts and different groups, what are the implications, and what might be done about it? These are the organising questions behind the Trust in News Project. This report is the first of many we will publish from the project over the next three years. Because trust is a relationship between trustors and trustees, we anticipate focusing primarily on audiences and the way they think about trust, but we begin the project by taking stock of how those who study journalism and those who practice it think about the subject. We want to be informed by their experiences and for our research to engage with how professional journalists and the news media approach trust so that it can be more useful in their work. Combining an extensive review of existing research on trust in news (including nearly 200 interdisciplinary publications) and original interviews on the subject (including 82 with journalists and other practitioners across several countries), we summarise some of what is known and unknown about trust, what is contributing to these trends, and how media organisations are seeking to address them in increasingly competitive digital environments.

Trust is not an abstract concern but part of the social foundations of journalism as a profession, news as an institution, and the media as a business. It is both important and dangerous, both for the public and for the news media – important for the public because being able to trust news helps people navigate and engage with the world, but dangerous because not everything is equally trustworthy; and important for the news media because the profession relies on it, but dangerous because it can be elusive and hard to regain when lost.

So if ‘trust is the new currency for success’, as the World Association of News Media has stated (Tjaardstra 2017), then how is it earned and what can this currency buy? For those who want to regain or retain it, it is not enough to do things that merely look good or feel good. Those things actually have to work or they risk making no difference, or worse, being counter-productive. Even when they do work, many of the choices involved in seeking to increase trust in accurate and reliable news may come with trade-offs. Our aim in the project is to gather actionable evidence to help journalists and news media make informed decisions about how best to address concerns around eroding trust….(More)”.

Digital Democracy, Social Media and Disinformation

Curated on Posted on by Stefaan Verhulst

Book by Petros Iosifidis and Nicholas Nicoli: “Digital Democracy, Social Media and Disinformation discusses some of the political, regulatory and technological issues which arise from the increased power of internet intermediaries (such as Facebook, Twitter and YouTube) and the impact of the spread of digital disinformation, especially in the midst of a health pandemic.

The volume provides a detailed account of the main areas surrounding digital democracy, disinformation and fake news, freedom of expression and post-truth politics. It addresses the major theoretical and regulatory concepts of digital democracy and the ‘network society’ before offering potential socio-political and technological solutions to the fight against disinformation and fake news. These solutions include self-regulation, rebuttals and myth-busting, news literacy, policy recommendations, awareness and communication strategies and the potential of recent technologies such as the blockchain and public interest algorithms to counter disinformation.

After addressing what has currently been done to combat disinformation and fake news, the volume argues that digital disinformation needs to be identified as a multifaceted problem, one that requires multiple approaches to resolve. Governments, regulators, think tanks, the academy and technology providers need to take more steps to better shape the next internet with as little digital disinformation as possible by means of a regional analysis. In this context, two cases concerning Russia and Ukraine are presented regarding disinformation and the ways it was handled….(More)”

The Politics of Social Media Manipulation

Curated on Posted on by Stefaan Verhulst

(Open Access) Book edited by Richard Rogers and Sabine Niederer: “Disinformation and so-called fake news are contemporary phenomena with rich histories. Disinformation, or the willful introduction of false information for the purposes of causing harm, recalls infamous foreign interference operations in national media systems. Outcries over fake news, or dubious stories with the trappings of news, have coincided with the introduction of new media technologies that disrupt the publication, distribution and consumption of news — from the so-called rumour-mongering broadsheets centuries ago to the blogosphere recently. Designating a news organization as fake, or <i>der Lügenpresse</i>, has a darker history, associated with authoritarian regimes or populist bombast diminishing the reputation of ‘elite media’ and the value of inconvenient truths. In a series of empirical studies, using digital methods and data journalism, the authors inquire into the extent to which social media have enabled the penetration of foreign disinformation operations, the widespread publication and spread of dubious content as well as extreme commentators with considerable followings attacking mainstream media as fake….(More)”

The political choreography of the Sophia robot: beyond robot rights and citizenship to political performances for the social robotics market

Curated on Posted on by Stefaan Verhulst

Paper by A humanoid robot named ‘Sophia’ has sparked controversy since it has been given citizenship and has done media performances all over the world. The company that made the robot, Hanson Robotics, has touted Sophia as the future of artificial intelligence (AI). Robot scientists and philosophers have been more pessimistic about its capabilities, describing Sophia as a sophisticated puppet or chatbot. Looking behind the rhetoric about Sophia’s citizenship and intelligence and going beyond recent discussions on the moral status or legal personhood of AI robots, we analyse the performativity of Sophia from the perspective of what we call ‘political choreography’: drawing on phenomenological approaches to performance-oriented philosophy of technology. This paper proposes to interpret and discuss the world tour of Sophia as a political choreography that boosts the rise of the social robot market, rather than a statement about robot citizenship or artificial intelligence. We argue that the media performances of the Sophia robot were choreographed to advance specific political interests. We illustrate our philosophical discussion with media material of the Sophia performance, which helps us to explore the mechanisms through which the media spectacle functions hand in hand with advancing the economic interests of technology industries and their governmental promotors. Using a phenomenological approach and attending to the movement of robots, we also criticize the notion of ‘embodied intelligence’ used in the context of social robotics and AI. In this way, we put the discussions about the robot’s rights or citizenship in the context of AI politics and economics….(More)”

The Pandemic’s Digital Shadow

Curated on Posted on by Stefaan Verhulst

Freedom House: “The coronavirus pandemic is accelerating a dramatic decline in global internet freedom. For the 10th consecutive year, users have experienced an overall deterioration in their rights, and the phenomenon is contributing to a broader crisis for democracy worldwide.

In the COVID-19 era, connectivity is not a convenience, but a necessity. Virtually all human activities—commerce, education, health care, politics, socializing—seem to have moved online. But the digital world presents distinct challenges for human rights and democratic governance. State and nonstate actors in many countries are now exploiting opportunities created by the pandemic to shape online narratives, censor critical speech, and build new technological systems of social control.

Three notable trends punctuated an especially dismal year for internet freedom. First, political leaders used the pandemic as a pretext to limit access to information. Authorities often blocked independent news sites and arrested individuals on spurious charges of spreading false news. In many places, it was state officials and their zealous supporters who actually disseminated false and misleading information with the aim of drowning out accurate content, distracting the public from ineffective policy responses, and scapegoating certain ethnic and religious communities. Some states shut off connectivity for marginalized groups, extending and deepening existing digital divides. In short, governments around the world failed in their obligation to promote a vibrant and reliable online public sphere.

Second, authorities cited COVID-19 to justify expanded surveillance powers and the deployment of new technologies that were once seen as too intrusive. The public health crisis has created an opening for the digitization, collection, and analysis of people’s most intimate data without adequate protections against abuses. Governments and private entities are ramping up their use of artificial intelligence (AI), biometric surveillance, and big-data tools to make decisions that affect individuals’ economic, social, and political rights. Crucially, the processes involved have often lacked transparency, independent oversight, and avenues for redress. These practices raise the prospect of a dystopian future in which private companies, security agencies, and cybercriminals enjoy easy access not only to sensitive information about the places we visit and the items we purchase, but also to our medical histories, facial and voice patterns, and even our genetic codes.

The third trend has been the transformation of a slow-motion “splintering” of the internet into an all-out race toward “cyber sovereignty,” with each government imposing its own internet regulations in a manner that restricts the flow of information across national borders. For most of the period since the internet’s inception, business, civil society, and government stakeholders have participated in a consensus-driven process to harmonize technical protocols, security standards, and commercial regulation around the world. This approach allowed for the connection of billions of people to a global network of information and services, with immeasurable benefits for human development, including new ways to hold powerful actors to account….(More)“

Evaluating the fake news problem at the scale of the information ecosystem

Curated on Posted on by Stefaan Verhulst

Paper by Jennifer Allen, Baird Howland, Markus Mobius, David Rothschild and Duncan J. Watts: “Fake news,” broadly defined as false or misleading information masquerading as legitimate news, is frequently asserted to be pervasive online with serious consequences for democracy. Using a unique multimode dataset that comprises a nationally representative sample of mobile, desktop, and television consumption, we refute this conventional wisdom on three levels. First, news consumption of any sort is heavily outweighed by other forms of media consumption, comprising at most 14.2% of Americans’ daily media diets. Second, to the extent that Americans do consume news, it is overwhelmingly from television, which accounts for roughly five times as much as news consumption as online. Third, fake news comprises only 0.15% of Americans’ daily media diet. Our results suggest that the origins of public misinformedness and polarization are more likely to lie in the content of ordinary news or the avoidance of news altogether as they are in overt fakery….(More)”.

RESIST Counter Disinformation Toolkit

Curated on Posted on by Stefaan Verhulst

UK Government: “This toolkit will help support the dissemination of reliable, truthful information that underpins our democracy. RESIST stands for (Recognise disinformation, Early warning, Situational Insight, Impact analysis, Strategic communication, Track outcomes).

This toolkit will:

  • build your resilience to the threat of disinformation
  • give you guidance on how to identify a range of different types of disinformation consistently and effectively
  • help you prevent and tackle the spread of disinformation
  • enable you to develop a response when disinformation affects your organisation’s ability to do its job or represents a threat to the general public.

The toolkit promotes a consistent approach to the threat and provides 6 steps to follow.

RESIST Disinformation: a toolkit

The purpose of this toolkit is to help you prevent the spread of disinformation. It will enable you to develop a response when disinformation affects your organisation’s ability to do its job, the people who depend on your services, or represents a threat to the general public.

What is disinformation?

Disinformation is the deliberate creation and/or sharing of false information with the intention to deceive and mislead audiences. The inadvertent sharing of false information is referred to as misinformation.

Who is this toolkit for?

Government and public sector communications professionals, as well as policy officers, senior managers and special advisers….(More)”

The Wisdom of the Crowd: Promoting Media Development through Deliberative Initiatives

Curated on Posted on by Stefaan Verhulst

Report by Craig Matasick: “…innovative new set of citizen engagement practices—collectively known as deliberative democracy—offers important lessons that, when applied to the media development efforts, can help improve media assistance efforts and strengthen independent media environments around the world. At a time when disinformation runs rampant, it is more important than ever to strengthen public demand for credible information, reduce political polarization, and prevent media capture. Deliberative democracy approaches can help tackle these issues by expanding the number and diversity of voices that participate in policymaking, thereby fostering greater collective action and enhancing public support for media reform efforts.

Through a series of five illustrative case studies, the report demonstrates how deliberative democracy practices can be employed in both media development and democracy assistance efforts, particularly in the Global South. Such initiatives produce recommendations that take into account a plurality of voices while building trust between citizens and decision-makers by demonstrating to participants that their issues will be heard and addressed. Ultimately, this process can enable media development funders and practitioners to identify priorities and design locally relevant projects that have a higher likelihood for long-term impact.

– Deliberative democracy approaches, which are characterized by representative participation and moderated deliberation, provide a framework to generate demand-driven media development interventions while at the same time building greater public support for media reform efforts.

– Deliberative democracy initiatives foster collaboration across different segments of society, building trust in democratic institutions, combatting polarization, and avoiding elite capture.

– When employed by news organizations, deliberative approaches provide a better understanding of the issues their audiences care most about and uncover new problems affecting citizens that might not otherwise have come to light….(More)”.