An investigation has revealed that BrandShield's AI-powered software is being used by SXSW to automatically remove content from Instagram that mentions or criticizes the event. This includes posts by DIY music shows and political groups like Smash By Smash West and Tiny Sounds Collective, which organize alternative events during SXSW.
BrandShield claims its technology can detect trademark violations across various platforms but appears unable to distinguish between actual infringements and protected free speech. Despite assurances of a dedicated enforcement team, the automated nature of these takedowns suggests broad-brush targeting rather than nuanced legal analysis.
Recipients of removal notices are directed to contact BrandShield directly or appeal through Instagram's moderation system, which often fails to restore content due to trademark law lacking a clear counter-notice process like that in copyright law. SXSW maintains it uses third-party services only to identify potential issues and respects free expression, but critics argue the automated approach stifles dissent.
Legal experts like Mathew Zuniga from Tiny Sounds Collective suggest this is a deliberate attempt to suppress anti-SXSW rhetoric online rather than protect intellectual property rights. The use of AI in content moderation raises concerns about accuracy and fairness, with skepticism over claims of advanced technological capabilities beyond basic automation tools already in place.
Read the full article at 404 Media
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