“Difficult to Just Exist”: Social Media Platform Community Guidelines and the Free Speech Rights of Sex Workers

Abstract

The 2018 passing of FOSTA (Allow States and Victims to Fight Online Sex Trafficking Act) and SESTA (Stop Enabling Sex Traffickers Act) set new limits on the free speech protection of Section 230 of the 1996 Communication Decency Act. In the aftermath, many social media sites shut down forums used by sex workers, and on some sites sex workers were systematically deplatformed or shadow banned. Social media platforms are critical spaces for sex workers. In addition to using them to safely do their work, social media platforms offer a place to communicate explicitly about their profession and find community support, particularly for sex workers from marginalized communities who are often physically isolated and lack support networks. We performed a qualitative analysis of Community Guidelines from seven social media platforms (Twitter, TikTok, Facebook, Instagram, Reddit, Snapchat, and Tumblr). Our research focused on guidelines related to nudity, sexual content, and solicitation. The restrictions placed on content by social media platforms have serious implications for the ability of sex workers to do their jobs safely, advocate for themselves, and find community support online. Community guidelines, as they relate to sex workers, need a more nuanced approach to balancing free speech rights and preventing harm that prioritizes the sometimes competing needs of marginalized communities.