8 August 2018 Ken Foxe, www.righttoknow.ie Re: FOI/2018/184 Dear Mr Foxe, I refer to the below request which you made under the Freedom of Information Act 2014 (the FOI Act) for the following records held by this body: • “Copies of minutes or notes taken at the meeting between Minister Naughten and Facebook in New York. • Copies of any presentations/briefing materials given to Minister Naughten by Facebook. • Copies of any briefing materials prepared for Minister Naughten in advance of the meeting. • Copies of any correspondence between Minister Naughten and his private office and Facebook in run-up and subsequent to the above meeting.” I have now made a final decision to part-grant your request on 8 August 2018. The purpose of this letter is to explain that decision. This explanation has the following parts: 1. A schedule of all of the records covered by your request; 2. An explanation of the relevant findings concerning the records to which access is denied, and, 3. A statement of how you can appeal this decision should you wish to do so. This letter addresses each of these three parts in turn. 29-31 Bóthar Adelaide, Baile Átha Cliath, D02 X285 29-31 Adelaide Road, Dublin, D02 X285 T +353 1 678 2000 1890 44 99 00 www.dccae.gov.ie 1. Schedule of Records A schedule is enclosed with this letter, which shows the documents that I have identified as relevant to your request. It describes each document and refers to the sections of the FOI Act which exempt them from release, where applicable. The schedule also refers you to sections of the detailed explanation given under heading 2 below, which are relevant to the document in question. It also gives you a summary and overview of the decision as a whole. 2. Findings Access to records 1 and 3 is granted. Access to record 2 is part-granted. Personal information within the meaning of s. 37(1) of the FOI Act has been redacted. 3. Rights of Appeal to the Office of the Information Commissioner In the event that you are unhappy with this decision you may appeal. In the event that you need to make such an appeal, you can do so by writing to the Freedom of Information Unit, Department of Communications, Energy and Natural Resources, Elm House, Earlsvale Rd, Cavan, Co. Cavan or by e-mail to FOI.UNIT@dcenr.gov.ie. Your correspondence should include a fee of €30 for processing the appeal. Payment should be made by way of bank draft, money order, postal order or personal cheque made payable to the Department of Communications, Energy & Natural Resources. If you wish to make payment by electronic means, please contact the FOI Unit directly. You should make your appeal within 4 weeks from the date of this notification, where a day is defined as a working day excluding, the weekend and public holidays. However, the making of a late appeal may be permitted in appropriate circumstances. The appeal will involve a complete reconsideration of the matter by a more senior member of the staff of this body. ….. 2 Should you have any questions or concerns regarding the above, please contact me by telephone on 01 or by email at Ciarán Shanley FOI Decision Maker Broadcasting & Media Division ….. 3 FOI Request Reference: FOI/2018/184 Schedule of Records: Summary of Decision Making Description of request: • “Copies of minutes or notes taken at the meeting between Minister Naughten and Facebook in New York. • Copies of any presentations/briefing materials given to Minister Naughten by Facebook. • Copies of any briefing materials prepared for Minister Naughten in advance of the meeting. • Copies of any correspondence between Minister Naughten and his private office and Facebook in run-up and subsequent to the above meeting.” Record No. Brief Description & Date of Record File Ref. No. of Pages 1. Briefing_Note_C4_Di spatches_19.7.18 4 2. Tweet_Minister_Fac ebook_19.7.18 2 3. Note_Meeting_Minis ter_Facebook_19.7.1 8 2 Relevant facts Findings/ conclusions (Public Interest Considerations, (If applicable) Grant/Refuse/ Part-Grant Basis of Refusal: Section of Act Record edited/Identify deletions Part-Grant s. 37(1) – Personal Information Personal Information Redacted Briefing note for Minister Naughten Meeting with Niamh Sweeney, Facebook, 19 July 2018 Background The Minister has sought the meeting with Facebook to discuss the deep concerns he has with content of the Channel 4 Dispatches programme which was broadcast on Tuesday night. Following the programme the company has been heavily criticised for the manner in which it handles reports of harmful or illegal content carried on its platform; the internal procedures it has in place to moderate harmful or illegal content on its platform; and the systems the company has in place to report instances of abuse, suspected abuse or other illegal activity to the appropriate authorities, including An Garda Síochána. In addition to this criticism, one of the main points which the programme made was that it is in Facebook’s interest to keep extreme content on the platform, as this keeps users on the service for longer – and therefore makes Facebook more revenue in advertising. Facebook has accepted that the examples which were shown in the programme were unacceptable, has apologised and has said that it has put measures in place to ensure that a similar lapses do not occur again. Facebook has strongly rejected the assertion that it is in its interests to keep extreme content on the platform. They have stated that their business model is built on “creating a safe environment where people from all over the world can share and connect. Advertisers do not want their brands associated with disturbing or problematic content – and advertising is Facebook’s main source of revenue.” Retail Excellence Ireland Retail Excellence Ireland have announced that they have suspended their partnership with the company. Their CEO Lorraine Higgins has said "As a representative body which promotes standards of excellence amongst retailers it would be wrong for us to continue our partnership where they have fallen short. On that basis, we will not be working with Facebook until we are satisfied their policies have been overhauled regarding the posting of violent and abusive content for commercial gain" Regulation of Online Content Facebook is a global online platform with about 2 billion users. Certain aspects of its services are heavily regulated, with National and EU Law providing the basis for this regulation. The most significant recent addition is the General Data Protection Regulation (Responsibility of DJE), but changes to the Copyright Directive (Responsibility of DBEI) which are currently being negotiated at EU level, as well as the ePrivacy Regulation (DCCAE) will also have a significant impact on the platform. National laws do apply to Facebook in respect of illegal content, and civil law such as Defamation and Privacy laws also apply. The central issue in any debate about regulating content online is that platforms are not liable for content which their users upload. Companies must take action if they are notified that illegal content is on their platform, but they do not have any responsibility to monitor the content which is uploaded by users. This “limited liability regime” is provided for in the E-Commerce Directive, which was agreed in 2000. It sees the platforms as “mere conduits” and if a platform does monitor all of the content being uploaded – it can lose the protection of the E-Commerce Directive, i.e. they may then be liable for all the content on its service. (See note in relation to the “Good Samaritan” defence below) A review of the E-Commerce Directive is underway by the European Commission, and this file is the responsibility of the Department of Business, Enterprise and Innovation. It should be noted that Commissioner Ansip has indicated that this Commission will not change the liability régime under the Directive “no change of eCommerce Directive, but we must clarify duty of care”. The European Commission has several initiatives underway which is seeking to improve platforms response times to remove illegal content on a self-regulatory basis, such as the Code of Conduct on Illegal Hate Speech – and its Communication on Illegal Online Content. This Communication also formalises the “Good Samaritan” defence for Online Platforms, whereby if they monitor their services for demonstrably illegal content, they do not forfeit the protections of the E-Commerce Directive. Both of these files are the responsibility of the Department of Justice and Equality (as is all illegal content). Community Standards Facebook and most online platforms have a system of self-regulation in place which is based on Community Standards. They have published detailed Community Standards which outline their approach to different classes of content – and if content which is uploaded by a user breaches those standards, the company will remove it. However, a user must bring the content in question to the company’s attention – and it is the company that decides whether the content breaches its Community Standards or not. A user “flags” content which they believe is either illegal or does not conform to the Community Standards, and this is then reviewed by a moderator. In the case of the programme, this initial review is carried out by an agency (CPL) acting on behalf of Facebook. Depending on the severity of the content, the agency staff can either delete the content, or refer it to a member of Facebook staff, who include experts such as Child Safety Specialists who are qualified to make a decision as to the appropriate course of action to take. It is understood that it is this second tier of moderators who liaise with An Garda Síochána and other authorities in respect of illegal content. Interpretation Protecting an individual’s right to freedom of expression while at the same time protecting other users from content which they may find unacceptable, upsetting or offensive is a balancing act depending on the subject matter. While some cases of extreme content are clear-cut, others may be less so and Facebook have said that its approach is to try to seek the balance between the competing rights of its users. Ultimately, this can fall to a question of the company’s interpretation of what is or isn’t extreme content, or what is or isn’t in line with its Community Standards. Facebook’s response Facebook have published a detailed response which it sent to the programme makers which is attached to this briefing note. The company has said that it has taken immediate action to prevent any repeat of the issues which the Channel 4 programme brought to light, including: - - A review of training practices across its contract staff, including the agency where filming took place Refresher training by Facebook staff of the trainers employed in the agency (this commenced last week) A review of staffing at the agency in question to ensure that anyone who behaves in ways that are inconsistent with the company’s “values no longer works to review content on our platform”; and Updated training materials for all its reviewers, clarifying the company’s policies in the areas brought to light by the programme. The company has accepted that mistakes were made, and has stated that those mistakes have now been corrected. Facebook is also doubling the number of people working on its safety and security teams globally to 20,000 in 2018. This includes 7,500 content reviewers, and the company are also investing heavily in new technology to help deal with problematic content on Facebook more effectively. Main issues of concern While Facebook’s response has been noted, the issues remain of significant public concern. These concerns include the following; 1) The clearly unacceptable videos and content which were allowed to remain on the platform, despite being brought to the attention of the agency staff. In addition to this the conduct and comments of the agency staff falls far short of an acceptable standard; 2) The issues surrounding Facebook’s interpretation of what does or does not constitute a breach of its Community Standards. There is a high level of public concern regarding how Facebook, and its agencies, delineate between content that is acceptable and content that is not acceptable; 3) Whether the current model of self-regulation can adequately and effectively address content that is being shared on the platform; and, 4) What assurances the company can give, and how the company can demonstrate that the improvements to its self-regulation model which they have recently put in place or are putting in place can guarantee the standards of service which the public expects of it. Meeting to take place on Monday 23 July 2018 in DCCAE In addition to the Minister’s meeting with Ms. Sweeney in New York on Thursday 19 July, on Monday 23 July Assistant Secretary Cronin will meet with members of Facebook’s Dublin management to discuss the issues arising. Attending from Facebook will be: Gareth Lambe – Head of Facebook Ireland Siobhan Cummiskey – Head of Content Policy EMEA Niamh Sweeney – Head of Public Policy Ireland (By Video Link) Broadcasting and Media Division 19 July 2018 JO. 17 mm was: H: Ciara'n. On pomt 2 no bne?gr?ptesenmon matenals recanted ?mm Faoebook The only thing smoe the meeting rs the folomng twees and pm. Jens: ?Jdugl lel? Iii-3U Denis NaughtenO Int-rs . .. 10K 368 10.7K 2.586 Denis NaughtenO . 'l A - Iv Denis NaughtenO . . i?i?ulr. .. sum IcGoarty. Panto Secretary Mn Stet Denis Nallg?tel'l Roll" Cum?. non "Anal!? Deoam'nen! Or Communicaaons (:me ACM 5 Envm?ment From: Garan Stanley Sent: 27 lily 2018 10:36 To: Seam any Subject: F01_2om_134 Seana, I would be grateful if you could ?orward any relevant records you may have in relation to the following request for access to records under the FOI Act 2014 0 'Copies ofminutes or notes taken at the and." in New York. 0 Copies of any presentations/brie?ng materials given to Minister Naughten by Faeebook. 0 Copies of any brie?ng materials preparedfor Minister Naughten in advance of the meeting. 0 Copies of any correspondente between Minister Naughren and his private o??iee and Facebook in run-up and subsequent to the above meeting.? I already have the note of the meeting and the brie?ng materials prepared by the Division ?at the Minister. Hyou have any records relating to points 2 and 4 above, then can you please reply to me by close of business on Friday 3 August. (Erin Shank); Ahm??e 015a: Brtnudaxtiny Media Rollin Cum-Hilde. Gniornhalthe Il' son in Mer?de Department 1! Umminnirms. (Timur: Atrium Em?ifl?l?'l??l   “The Department of Communications, Climate Action and the Environment requires customers to provide certain personal data in order to provide services and carry out the functions of the Department Your personal data may be exchanged with other Government Departments and Agencies in certain circumstances, where lawful Full details can be found in the Data Privacy Notice, which is available here or in hard copy upon request”   Minute of Meeting with Facebook Representatives Fitzpatrick Hotel, Grand Central, Boardroom 19th July 2018 at 4pm Local Time Attendees: Video link: Minutes: Minister Denis Naughten Brian Carroll, Assistant Secretary Jean Andrews, Special Advisor Suzanne Coogan, Press Advisor Niamh Sweeney, Facebook Siobhán Cummiskey, Facebook Gareth Lambe, Facebook Seána McGearty, Private Secretary to Minister Minister: I am appalled at the reports I have re. the Dispatches programme. Especially as an advocate of child protection and as someone who has defended Facebook publicly on a number of occasions. This is the second time that Niamh Sweeney has come in front of me to apologise. There needs to be a significant step change on Facebook’s approach to this issue. Gareth: Two things; I am disappointed in the failings in moderation. This is a difficult and complex space. Even before the programme issued we organised training refreshers and a full investigation into the issues highlighted. Secondly, we are trying to create a safe environment for people across the world, not turning a blind eye. If our services aren’t safe, advertisers and users wont use our platform. Content is not ignored. This is very serious, nothing good about this situation. Niamh: The difficulty Gareth is that we are saying that and someone on camera is showing something different. We are all appalled. At this point I would like to introduce Siobhán as head of content management. Siobhán is particularly frustrated. What was captured on camera, used training materials never seen before by Facebook. Minister: the two failings I want addressed are, the content was flagged with Facebook as inappropriate and wasn’t taken down and second, this content was then used for training purposes. This sort of content shouldn’t go up on the platform in the 1st instance, the system broke down in this occasion. If CPL aren’t doing well then why are they still contracted to Facebook? This should not and cant be tolerated on any level. Re-training and reviews are not enough. Tell me the significant measures going to be introduced because of this Dispatches programme. Siobhán: I would like to reiterate that we are very disappointed and concerned and these are not our values. We create policy on protecting people from harmful persons/organisations. Child abuse example – we take very seriously. We use ‘Photo DNA’ from Microsoft to make sure child imagery (known) does not reappear. New images are banked and reported to NCMEC, where they determine the approach. Vast amount of cases it is removed and banked so it wont reappear. We have to keep updating the software. Child violence is left up on the platform where the child is in danger and the footage could be used to determine location or bring the child to safety. The footage used in the Dispatches programme – a neighbour of the child seen the footage on the platform, reported to authorities and the child was saved. There is a very narrow scope of when the image/footage is left up. In some it cant be sent to law enforcement as doesn’t show where video was taken or has no details for authorities to conduct a search. My team has spent the week dealing with this item and systematically going through videos to ensure this doesn’t happen again. Niamh: we have brought in the people shown on the dispatches programme for retraining. We don’t know how long this has been happening for or how many people it affects. The person doing the recording for Dispatches was in for 7 days and got 1 hour of video only. Did we take the eye off the ball? Siobhán: Retraining done before programme aired. CPL and other outsources contractors meet Facebook every week to answer specific questions. Reviewing content – it can be marked as disturbing/pass to manager/pass to content team etc. specific steps for each member of content team. Quality team do internal checks weekly. We are going to work even closer with CPL. Niamh: 7,500 content reviewers, it is difficult to train after doubling size of team in 12 months. “Its all about making money” was a comment in the dispatches programme – that is not what Facebook is about. Advertisers do not want content like that associated with them so makes no business sense to allow content like that. Flippant comments during the training are the most disturbing. Suzie: Not through the programme… Minister: This was used as training tool! Should have never happened. Make sure never a repeat of this. Colleagues across the EU are going to ask me about this. What significant changes are Facebook going to make so this never happens again? What do you say to the NGOs? Disturbing content being flagged and not being addressed - a lot of criticism of Facebook’s failure to act. How do you intend to reassure the public going forward? If content is flagged, why is it not actioned on. Niamh: 2 issues – this wasn’t a moment of our greatness but this isn’t going to dismantle Facebook and CPL. Test results on our content are good. Siobhán: We are monitored by EU Commission and we get reviewed twice a year. 79% of hate speech removed, highest result within 24hrs 89% removal of hate speech. This was a mistake but we are at 98% with AI. 38% removed before even reviewed. Transparency report in April. AI is where we are going. Where you have humans, you have human error. We are going through all retraining and have changed all training materials. Gareth: we need to manage expectations; 1, we cant guarantee this wont happen again and 2 unlikely that we can monitor hate speech to satisfy all as it can be subjective. Minister: difficulty is, this was being taught to moderators. What extent – how long did this go on for? Suzie: Who decides what is acceptable content? Bullying towards citizens of Ireland – who decides what is acceptable? Niamh: In order for transparency our standards are all available on the web. We are a lot more transparent than every before because of 2 months ago. There is a definite difference in the way Private individuals and public figures are treated online. Not every complaint about content is in fact grievous content. Siobhán: teams based all around the world – bullying policy very expansive. You cant laugh at, mock by name etc. If it is reported it will be taken down. Protection of minors very important to us. Cant stress that enough. If they or their guardians report it, then it will be removed. Jean: what proportion of turnover invested in these AI technologies? Gareth: Mark Zuckerberg increasing moderators from 7,500 to 22,000 which is a significant investment Niamh: we are hiring an additional 10,000 including content reviewers. 50% increase globally working on security and reviewing content. Most profits are put back into the business. 3000 working in Ireland – the fastest growing of those teams are the safety teams. Minister: There needs to be a statement from Facebook. . Niamh: will turn up and play our part in any Oireachtas meetings etc. I hear you loud and clear. We published the letter to Channel 4 addressing all the matters raised in the programme. We are not being silent on this and we were ready this time. I am sorry again and I thank you for taking the time to meet with us. Minister: I feel I have been a child advocate for so many years and I’m embarrassed about the reports I got.