Twitch has announced new terms of service targeting harassment of streamers and viewers, but some of these changes have us concerned about how they will affect performers who use Twitch to broadcast their gaming. As we have seen in the past with social media giants like Instagram, terms of service that are often intended to help the community, turn into weapons used against our workers using their services. Owned by Amazon, Twitch is a platform used by many adult performers to connect with their fans via online gaming.
While the platform was created for users of all ages, streamers can select to mark their page as 18 and over. Sexual content has never been allowed on twitch, but creating terms that prevent users from using specific words, such as SIMP, INCEL, or VIRGIN are clearly created to protect the male users. Other additions to the terms of service are clearly listed to limit potential sexual conversation or discussions via the chat or live stream.
Twitch makes it clear that creators/streamers are responsible for moderating conduct that occurs during their stream, including in the chat. Twitch also states it is the streamer’s/creator’s responsibility to have moderators for their chat. This can be an issue for individual creators new to Twitch or unfamiliar with their moderation abilities. These new TOS place full blame and responsibility on streamers for the actions in their room, which we find unreasonable. Blaming victims of harassment and requiring them to patrol it is inappropriate.
Excerpts from the Twitch TOS-
“Creators Are Responsible for Moderating Hateful Conduct and Harassment in Their Communities”
“Creators are role models and leaders of the communities they create or foster around them. Creators should consider the consequences of their statements and actions of their audiences; sometimes unwanted focus or attention can encourage others to escalate their behavior into abuse. For example, broadcasting other Twitch streams and profiles while insulting these users often encourages others to also direct abuse to the target. Participating in this activity can, therefore, lead to suspension of your account.
You are expected to use channel moderators and the tools we provide, such as AutoMod, chat timeouts and bans, to mitigate hateful conduct and harassment in your channel. Not using the provided tools to moderate hateful conduct appearing on your channel will lead to a suspension. For harassment, broadcasters who do not make a good faith effort to specifically moderate incitement or organization of abuse in their channels through the tools provided will be suspended.”
“Can I be suspended for sexually suggestive conversations even if I do not intend to harass anyone?
Our guidelines on sexual harassment do not apply in conversations where there is clear mutual consent. However, even if both parties clearly have an established relationship, we will issue an enforcement if we obtain any indication from the target that sexually harassing statements made on Twitch are unwanted, or if mutual consent is not explicitly clear. A person’s physical appearance or attire is not an indication of solicitation or consent. Additionally, please note that sexual commentary that is graphic or extended, even if not in violation of our sexual harassment policy, is still subject to our sexually suggestive content policy.”
As we fight Instagram and other platforms for their unfair use of TOS to remove creators, we will do the same with Twitch if we see their report system being weaponized against our community. If you experience issues as the new TOS go into effect on January 22, 2021, please contact us!
