Definition

The possibility of certain illegal, dangerous, or otherwise harmful content or behavior, including risks to human rights, which are prohibited by relevant policies and terms of service.

Related Terms

Terms of Service Violation, Prohibited Content, Harmful Conduct, Unacceptable Use.

Background

Content- and Conduct-Related Risk encompasses a broad range of online material or behaviours that are deemed illegal, dangerous, harmful, or otherwise in violation of a community’s established policies or Terms of Service (ToS). This page serves as a general guideline for identifying and addressing such risks, particularly when the content or conduct may not neatly fit into more specific, predefined categories of harm but nonetheless contravenes foundational community standards or legal obligations.

The decentralised nature of the Fediverse means that while individual communities establish their own specific rules, there’s also an overarching need to address risks that have broad implications for safety, legality, and human rights. Volunteer moderators play a crucial role in interpreting and applying their community’s ToS to mitigate these risks, often by identifying content or behaviour that, while perhaps not explicitly itemised as “NCII” or “Doxxing” for example, still clearly violates core principles outlined in the ToS / community guidance.

Key Questions for Assessment

• “Does this content or behaviour directly violate a specific clause in our community’s Terms of Service or Acceptable Use Policy?”
• “Does this content or behaviour, while perhaps not fitting a narrow label, contribute to an unsafe, illegal, or disrespectful environment for others?”
• “Is there a clear risk of harm (physical, psychological, financial, reputational) to individuals or the community as a whole arising from this content or conduct?”
• “If this content/conduct were to become widespread, would it fundamentally undermine the stated purpose or health of our community?”

Before You Act: Common Pitfalls & Nuances

When applying general ToS clauses, clarity and consistency are key.

Overly Broad Interpretation: Avoid using general ToS clauses to penalise behaviour that is merely unpopular or disagreeable but not actually harmful or against a stated policy. Actions should be justifiable against specific parts of the ToS.

Vagueness in ToS: If the ToS itself is too vague, it becomes hard to enforce consistently. This highlights the need for clear, well-defined policies.

Freedom of Expression Concerns: Moderation under general clauses must still be mindful of legitimate expression. The focus should be on conduct and content that genuinely creates risk or violates clearly articulated principles.

• Common Gotchas:
  • Inconsistent application of general ToS rules.
  • Failing to clearly communicate to the account which part of the ToS has been violated.
  • Using this as a catch-all for personal dislike rather than genuine policy breach.

Key Point: This category relies on a solid understanding and fair application of the community’s established Terms of Service. The action taken should be proportional to the harm or risk identified and clearly linked to a policy violation.

Managing Suspected Content- and Conduct-Related Risk: Key Steps

When such a risk is identified:

• Review Relevant Policies: Carefully consult your community’s Terms of Service and any applicable guidelines to confirm that the content or behaviour in question indeed constitutes a violation.
• Assess Severity and Intent: Determine the seriousness of the breach and, if possible, the intent behind the content or conduct. Is it a minor infraction, a repeated pattern, or a severe violation with immediate risk?
• Gather Evidence: Document the content or behaviour (e.g., screenshots, links to posts) that demonstrates the ToS violation.
• Discuss with Team (if applicable): Consult with fellow moderators or your Service Administrator to ensure a consistent interpretation and application of the ToS, especially for ambiguous cases.
• Apply Proportional Sanctions: Based on the severity and the ToS, apply appropriate and proportional sanctions. This could range from a warning, content removal, temporary suspension, to a permanent ban for serious or repeat offences.
• Communicate Clearly (if issuing a warning/suspension): If not an immediate ban for severe harm, clearly state to the account which policy or Term of Service has been violated and what change in behaviour is expected.
• Escalate Severe Cases: For illegal content (especially CSAM, credible threats of violence), immediately escalate to your Service Administrator, who should have procedures for reporting to law enforcement and/or specialist organisations.

Example Community Guidance

• Strike System: “Violations of our Terms of Service or Community Guidelines may result in a warning, content removal, or account suspension, depending on the severity and nature of the infraction. Repeated minor violations will accrue strikes.”
• General Prohibition: “All members are expected to adhere to our Terms of Service and Community Guidelines. Content or conduct that is illegal, promotes harm, harasses others, infringes on rights, or otherwise disrupts the safety and integrity of the community is prohibited.”
• Strict Enforcement: “Severe violations of our Terms of Service, including but not limited to posting illegal content, engaging in highly disruptive harmful behaviour, or persistent violation of policies after warnings, will result in immediate permanent bans and may be reported to appropriate authorities.”