ELON MUSK – EDITOR-IN-CHIEF

As the owner of Twitter, Elon Musk has taken on (bought) one of the world’s most important editorial posts. He gets to decide who can and who cannot publish on his global site.

But look more closely to see that he is only in a very limited way an editor. He can exclude someone from using Twitter, or re-include someone previously excluded, but does not edit what gets published. Twitter, and similar sites, will in some cases remove offensive material after it has been posted but, short of banning a user, not (usually) block offensive material from getting published in the first place. He has power to include or exclude users, but not responsibility for what gets published. If I post a derogatory slur about a named person, the manager who has allowed me to use his site for the purpose cannot be held responsible.

This is all different in print media, newspapers and magazines. Such outlets must have a designated “editor,” whose responsibility it is to edit prospective material and who carries responsibility for what gets published. If a newspaper allows me to print a lie about someone, its editor can be held responsible. It is not enough that he removes the lie after it has been spread. A problem with social media sites such as Twitter is that responsibility stops nowhere or with anyone.

Social media bosses have claimed that they are just site managers, not publishers, and that it because of technology and global reach is not possible for them to be held editorially responsible. But that is a losing battle. In many countries, and very much in the European Union, regulatory frameworks are gradually coming into place. It is no longer accepted that managers hide behind technology to refuse responsibility.

However, such regulations that are coming into place generally fall short of imposing normal editorial responsibility on social media publishers. The amount of harmful, dangerous and offensive use of social media is staggering, and no one is in a position of last-resort responsibility. Mr. Musk wants Twitter to be an arena of his idea of free speech but cannot be held responsible when users abuse that liberty.

It would be a big step forwards if ongoing regulatory work designated social media sites to be publications and imposed normal editorial responsibility on those who run them. We expect of print media that they prevent harmful and offensive material from getting published and spread. We take it to be obvious that editors should be held responsible. We should do no less in electronic media. What is not allowed in print outlets, should not be allowed in IT outlets. An outlet being electronic, is no excuse for no one being responsible. Those who run social media sites are the technological geniuses. It is for them to work out how to manage their trade in conformity with normal standards of safety and decency. If they can’t do that, nor should they be able to operate.

Elon Musk wants the power to decide. That should come with also a duty of responsibility.

For more detailed analysis, see How Democracies Live.

FIT AND PROPER LEADERS

Brazil may now be heading for a more or less orderly transition of power in Brasilia, but hardly a peaceful transition in the country. The defeated candidate, Jair Bolsonaro, has indicated collaboration in the handover but not acknowledged that he lost the vote. Having long undermined confidence in the election system, and with violent protests unfolding in parts of the country, he in his first post-election statement spoke of “injustice in the electoral process.”

Democracy rests on basic norms being adhered to, certainly by leaders. One such norm is “election results are respected.” After an election, leaders are expected to explicitly accept the outcome. Such rituals are part of the fortification of democracy itself. It they are ignored, it is shocking and destructive. Norms cannot be imposed, they are adhered to by convention. That is why it is so utterly disruptive if they are thrashed. We cannot legislate for the acceptance of norms. Democracy needs leaders who are attuned to upholding basic norms. Citizens, too, of course, but where leaders lead citizens follow.

Leaders who are ready to impose damage on democracy itself are not fit to hold high office. Bolsonaro has shown himself unfit. Another obvious case is Donal Trump, whose refusal to accept the election loss is tearing apart the fabric of American democracy. In Britain, Boris Johnson, a serial norm-breaker, proved himself so unfit for office that his own Members of Parliament finally forced him to resign.

Candidates for high office are tested in competitive elections. But that is not enough. Too often, unfit candidates are able to stand and it is then difficult for voters to spot who they are. My conclusion is that candidates should be more carefully tested earlier in the process, at the point of being nominated or of presenting themselves as candidates.

One way in which that could be done is by a simple fit-and-proper-person test. Such tests are commonly used in business and organisational life. Central banks vet candidates for directorships in financial services for fitness and propriety. No one can serve as a juror who is deemed unfit for jury service. Candidates for political office should be tested no less carefully. To ask of candidates that they have a minimal suitability to act as their fellows’ representatives is not to negate the principle of universal eligibility.

My recommendation is that candidates for local and national elected office should be obliged to file with the relevant electoral authority a self-declaration that he or she (1) does not have a history of (serious) criminal convictions, (2) does not have a history of (serious) insolvency or bankruptcy, (3) does not have a history of having withheld (serious) income or property from taxation, and (4) authorises the electoral authority to check the veracity of the self-declaration and commits to providing the authority with relevant documentation. If unwilling to file, they would be disqualified from standing. If it later emerges that they had filed falsely, they should be dismissed from office.

There would be multiple benefits:

  • Dodgy candidates would be discouraged from standing.
  • Unfit candidates would be identified early and prevented from standing.
  • Unfit candidates who make it through to office could be dismissed.
  • Citizens would be able to better trust their political leaders.

Under such a regime it is, for example, unlikely that Donald Trump could have become a presidential candidate and impossible for him to have refused insight into his tax records. America would have been saved much distress.

For more detailed analysis, see How Democracies Live.