The Freedom to Publish and Safe Spaces

A month or so ago, I wrote an article saying that I disagreed with OneBookShelf’s decision to start refusing to sell “offensive content”. In the discussion of that on my Facebook page, a number of people expressed incredulity at the idea that anyone might have a right to be sold. That comment thread was not a good place to discuss the issue, and I promised to come back to it. It’s taken some time, but this article will address that question, and related issues, in more detail. Three thousand words of more detail, it turns out.

First, I should sketch out my basic position. I start from the foundations of classical liberalism: freedom and equality. That is, everyone should have as much freedom as possible, and everyone’s freedom is equally important. I believe that the state’s role is to ensure that everyone has as wide a range of opportunities for action as possible. This means that people need to be healthy, educated, financially secure, and living in a peaceful, orderly state with a functioning infrastructure, so the state ends up being quite substantial. In addition, I do not think that freedom is purely the concern of the state. I think that ensuring the freedom of others must be an important part of anyone’s personal ethics, and that someone acting in a way that excessively limits the freedom of others is behaving unethically.

On the other hand, material property is not that significant to me. People only have a right to private property because, on the whole, that maximises their freedom and ability to plan their lives, so there is no problem with taxation to ensure that other people also have that freedom. Conversely, there is no reason to seek material equality, although particularly gross inequality may well limit the freedom of many people, particularly the poor. Thus, I am neither a libertarian nor a socialist, although in practice I think I tend to end up closer to the socialists on economic policy, and closer to the libertarians on social policy.

I don’t claim that this position is obviously right and indisputable, and there are many difficult problems to be solved if it is to be put into practice. However, in this article I’m not going to defend it, and I will do my best not to respond to comments querying it. As I mentioned, this is already 3,000 words long, and it would be far longer if I tried to deal with those issues. What I do plan to do is engage, in detail, with one of the difficult problems: should DriveThruRPG sell products like Tournament of Rapists?

The Right to be Sold

Let me start from the point that raised the most incredulity: the claim that there is something like a right to be sold for publishers of RPG material. No-one commenting on my article thought that the authors of Tournament of Rapists should be legally prevented from writing and publishing it. Some people do, but my commenters were mostly authors and publishers, so they can see the clear threat to freedom of speech involved in going that way. What they could not see was why those considerations obliged DriveThruRPG to sell it.

The discussion did allow me to clarify my own position in my own mind. It is not purely about freedom of expression; it is also about freedom of employment.

First, freedom of expression. Recall that I do not think that freedom is purely the concern of the state. If a certain private entity has an effective monopoly, or even a near-monopoly, on important means of expression, then that private entity acquires obligations to protect freedom of expression, even if it strongly disagrees with some of the content. The same applies to an oligopoly, except in that case the obligation is that they collectively protect freedom of expression. For example, if there are only five major newspapers, but they all have similar circulations, and all can easily be purchased, then as long as any opinion can find a publisher in at least one newspaper, the individual newspapers are free to exclude people with whom they disagree. If, however, all of the publishers disagree with, say, Islam, they do have an obligation to publish Muslim pieces, despite their disagreement. If they do not, Muslims are effectively deprived of freedom of expression.

This is, essentially, the idea that society can silence minorities by depriving them of a platform, and the claim that media outlets have a moral obligation to provide such a platform. I would also say that the state is permitted to force the media outlets to provide a platform.

On this basis, DTRPG probably does not need to sell Tournament of Rapists if Paizo or e23 is happy to do so. Paizo and e23 are not as big as DTRPG, by a large margin, but they are probably still big enough to count as providing a reasonable platform for expression. “Selling from your own website”, however, probably does not. (On the other hand, in table-top roleplaying, publishers have no obligation to publish anything they dislike, because “start your own publisher” is a perfectly reasonable thing to do.)

This raises an important point about these rights. The obligations of private entities depend on the scale of their influence. An independent bookshop has no individual obligation to support freedom of speech, because it is clearly possible to sell a book elsewhere. If that independent bookshop develops into a national chain that is the only way to acquire books in most cities, then it acquires obligations to sell anything (through special order, if necessary; they are not obliged to stock everything). Obviously, then, there is an empirical question about just how big and influential an entity is, and this will not always be easy to answer. However, the fact that some moral questions are difficult is not a reason to abandon morality.

Next, freedom of employment. The freedom to choose your own career is guaranteed by the Japanese constitution (Article 22), and it is a fundamental part of any meaningful freedom. It is, however, a difficult freedom to pin down. We cannot sensibly say that I have the right to be a world-famous film star. On the other hand, it does seem reasonable to say that I have the right to try to be a film star, to audition for roles at least. It also seems reasonable to criticise the film industry if it simply never hires, say, black people or women to play leading roles. Black people and women also have the right to aim at being film stars. Saying what this means in detail is very hard, so I’m not going to even try to address the general question here. Instead, I want to consider what it means for table-top roleplaying.

First, it is obvious that no-one has anything approaching a right to make a living wage in table-top roleplaying. In our industry, that dizzy height is reserved for the people who achieve major break-out success. Equally, there is no right to a proper job, with medical insurance and a pension. However, no-one should be excluded from being a freelancer, and for historically excluded groups that means that it is a good thing if publishers actively encourage them. One feature of our industry is that most publishers are micro-companies run in their owners’ spare time, and such publishers can compete with the largest companies we have. This is, I think, a very good thing. If a group of conservative Muslims decide that nothing available in roleplaying reflects their experience or the games they want to play, they can start a publishing company and publish the game.

However, they must be able to offer it for sale to the public. We are talking about the right to employment, not the right to a hobby, so new publishers must be able to offer their product to the market. That is the equivalent, in our industry, of applying for a job. Further, you must be able to offer it to most of the market, because otherwise there is no chance at all of making any money. The market is tiny to start with; restricting access to a small fraction of it is effectively a bar.

For electronic products, I believe this means that you must be able to sell on DTRPG. I don’t think Paizo or e23 is large enough (and the numbers I have heard from people who sell on two or more of those sites backs this up). If someone is to have a genuine chance to apply for the job of RPG publisher, they must be able to sell on DTRPG. This only applies to DTRPG, because of its size and dominance. Paizo can refuse anyone it likes, because it is small and largely irrelevant if you aren’t selling Pathfinder products, and not critical even if you are.

An analogous situation to DTRPG refusing to offer something for sale because of its content would be 1950s Hollywood refusing to hire people because they were, say, Communists. It would, effectively, deprive people of the freedom to even attempt a career in a particular field.

To summarise, then, freedom of expression suggests that DTRPG probably, for ethical reasons, offer Tournament of Rapists for sale, while freedom of employment provides an much stronger argument that it is obliged to.

Safe Spaces

“But what sort of signal does that send to women?” I hear you ask. The signal it ought to send is “Even if you want to write an RPG inspired by 50 Shades of Grey, you will be able to offer it for sale on DTRPG. We respect your freedom to try to work in this industry, not matter what you want to write”. The argument that group A can only be welcomed if group B is excluded is one that is frequently used by powerful groups to exclude and oppress minorities, and it is a bad argument. In a free society, you have to accept that you are living with people with whom you strongly disagree, and that you will see evidence of them doing things you disagree with. This is why conservative Christians have to put up with same-sex marriage, and why feminists have to put up with rape fetishists (but not rapists).

The problem that must be taken seriously here is that of “triggering”. For some people, certain themes or images provoke extremely strong negative reactions, and cause significant distress. The correct response to this is not “Free Speech! Get Over It!”. However, the correct response is not easy to determine.

Let us take food allergies as an analogy. I am very aware of the risk of trivialisation here. Food allergies can kill their sufferers, painfully, in a matter of minutes, and interfere significantly with eating, an activity necessary for life. Psychological distress caused by a hobby game product is not even close to being the same level of problem. However, this does mean that a response that is appropriate to food allergies cannot be an inadequate response to triggering, although it could be an over-reaction. If it turns out that food-allergy-like policies could be implemented without imposing excessive burdens, then that’s fine; when we are talking about the risk of harming people, some degree of over-reaction is good, as long as it does not cause other problems.

These days, I suppose most people know how food allergies are dealt with. Food products are clearly labelled with the common allergens that they contain; in Japan, there appears to be a standard set. This does lead to slightly daft situations, such as packets of mixed nuts with “Warning: Contains Nuts” printed on, but “slightly daft” is much better than “accidentally killed someone”. Further, these steps are taken even in cases where there is some doubt about the existence or prevalence of the allergy. For example, it is somewhat controversial as to whether gluten intolerance is actually a thing (although I think the consensus is that it is), and its prevalence is very controversial. Even so, “gluten” is listed, and gluten-free products are available. Even if it is not really a problem, gluten-containing products are still available for the people who want to consume them, so it is reasonable to issue a warning for people who may, genuinely, need to avoid it.

Moreover, I believe that in many cases it is possible to overcome food allergies, and, obviously, a good idea to do so. Nevertheless, this cannot be done instantly, and we have no right to force people to do so. Thus, the information should be made available, and people with allergies should be able to avoid those foods. Obviously, people with very unusual allergies cannot expect everything to be labelled, so they have to ask about ingredients individually.

Note that labelling a product as containing nuts is in no way a judgement of the culinary worth of the product. It is simply a warning so that people who are allergic to nuts can avoid it.

Can a similar approach be taken to roleplaying products? It seems so. DTRPG already has an “adult” filter, although it is applied very inconsistently. (I find it astounding that the Worlds of Darkness are not behind the filter, for example, given that every book includes an explicit “this is mature content” warning, and most books include nudity.) With a bit of thought and research, themes that seem likely to cause serious distress to a large number of people could be filtered out.

The immediately obvious theme is sexual violence. This is distressing to a large number of people, and should clearly be flagged, and people should be able to hide it from themselves. I think this is a very good idea.

Another theme is “nipples”. Sorry, nudity. This is largely a US hang-up, but it is quite an important one there, so people should be able to exclude such products from their searches.

However, there is another important class that seems to get overlooked: phobias. Arachnophobia is not a rare condition, and such people can be triggered by pictures of spiders. It might not be obvious to someone new to the hobby that “City of the Drow” is likely to contain lots of giant spider pictures, so it should be possible to hide spiders. Snakes and blood are also common problems, as I understand it.

More generally, it should be possible to filter out horror games in general. The whole point of horror games is to take disturbing images and work them into the game, because some people enjoy that. However, it is not always obvious from the title that something is horror, and the blurbs themselves are sometimes disturbing, so filtering them from searches should be an easily available option.

It is also an undeniable fact that a large number of people in the US and the rest of the world claim to be deeply offended and upset by portrayals of same-sex sexual relationships. Now, I think that it would be better for them to get over it, but, as with food allergies, that is unlikely to be instant, and we do not get to tell them that they must change. I think it would be wise to include a “LGBT” filter. It could even be made bivalent, so that you could set DTRPG to only show you LGBT products, something that the LGBT community might find useful. In fact, all the filters could be set up like that, to make it clear that this is not a moral judgement.

The filter topics are not obvious, and would require some research. If we use “internet outrage” as our standard (and this is not a bad standard; avoiding internet outrage is a sensible strategy for a company), then sexual violence, nudity, explicit sexual content, and LGBT content are the current leading issues. If we use “clinical prevalence of people who are triggered”, then I have no idea what the list will be, but it could be very different. Research would be necessary. Indeed, it might be a good idea to cover both: internet hot-button issues mainly for PR reasons, and clinically prevalent reasons primarily to protect vulnerable people.

The elephant in the room, as far as RPGs are concerned, is violence. I am sure some people are triggered by violence, but a filter to hide all violent RPGs would leave you with nothing but Golden Sky Stories. (The “spiders” filter would get it, however.) It is true that violence is ubiquitous in US entertainment, but in most fields it is not quite as all-consuming as it is in tabletop RPGs. Even computer games seem to do better in this respect. Still, this is not DTRPG’s problem, and I am exaggerating (very slightly) for rhetorical effect.

It does, however, bring home the point that, if everything that contains a fairly common trigger were placed behind a filter that was on by default, DTRPG would display no products to the casual browser, and that would almost certainly be very bad for business. As this was another objection that was raised to my position, I’d like to conclude by considering it.

The Duty to Go Bankrupt

It was suggested that, if DTRPG were to sell Tournament of Rapists, the backlash would drive them out of business. Can we really require them to do something that will drive them out of business?

In general, the answer is “yes”. If you can only sell cars by adding software to cheat the emissions tests, then you should be driven out of the business of selling cars. Going back to my fundamental position, no-one has the right to a job that requires excessive restrictions on the freedoms of others. However, the answer in this specific case is not obvious. The fact that, sometimes, going out of business is the only ethical option does not mean that it always is.

The filter problem is a good example of this. DTRPG probably would go out of business if the filters were on by default. That means that it is permissible to have them off by default, as long as casual browsers can easily turn them on, and the user interface for doing so is very easy to find. Requiring someone who is triggered by violence to click on a “trigger filters” link and then select “hide violence” is not an unreasonable restriction of freedom, particularly if the alternative is going out of business.

What about the original question? What if the backlash against a product would drive the company out of business?

The first thing to note is that, if this would actually happen, the group threatening the boycott is not a marginalised group; it is the dominant group in the industry. Furthermore, it is a dominant group trying to drive a marginalised group out completely. (If you think the Black Tokyo line is mainstream, you need to learn a bit more about our hobby.) So, the question is, is it ethically permitted to cave in to a dominant group in its attempts to exclude a minority, if the alternative is going out of business?

This is a hard problem. I think you should err on the side of not caving in, because boycotts are almost never as effective as threatened, and we know from history how easy it is to get caught up in persecuting people. In this case, I do not think that the backlash would drive DTRPG out of business, particularly if they were introducing more consistent trigger filters at the same time.

Three thousand words later, where am I? (I would say “where are we?”, but I doubt anyone has read this far.) I still think that DTRPG is making the wrong decision, and that it should be selling offensive content. I also think that it should be working on better filtering for triggering content, so that people can make the site into a safe browsing environment for themselves, without restricting the freedom of others to aim at a career in table-top roleplaying games.

Posted in Ethics, Political Philosophy, Roleplaying.

5 Comments

  1. Shockingly well reasoned and thought-provoking. Also, I did read all the way to the end.

    Unfortunately, I suspect that hidden behind the concept of trigger words, “safe places,” and the need to restrict content is a movement which feels that in order to preserve the desired environment for themselves they must out of necessity seek to restrict the ability of others to access that which they disagree with. It’s a tough decision when talking about a product no one really likes….but as usual there’s a slippery slope argument here, along with the implication that the bar can continuously be moved in whatever direction the offended group wishes to further impose on others at a later date.

  2. Thanks for the comment, and for spending the time to read the whole thing.

    Personally, I think that most of the people worried about trigger and safe places are genuinely looking to create environments where they and their friends do not feel threatened and at risk for being what they are. I’m sure that there are a few people using it as an excuse to ban stuff, but I think they’re a minority. In any case, it’s the people who are genuinely concerned whom I want to accommodate, to the greatest extent possible, and I am methodologically optimistic about the possibility of dialogue leading to strategies that will make them feel safe and welcome without excluding anyone else. Part of this is the belief that they will be just as worried by the slippery slope as I am.

    Thanks again for reading and commenting.

  3. Pingback: OneBookShelf’s Offensive Content Policy » David Chart's Blog

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