Normally when a social network updates its terms of service, barely anyone notices. But that’s not the case with Instagram’s newest Terms of Use, which have caused quite an uproar among sex workers online.
The issue that’s drawing notice is the platform’s Community Guidelines. They require adherence to Facebook’s Sexual Solicitation rules, which is not a new addition to this version of the terms — but it’s continued inclusion is a big concern for sex workers who reach their audience on the platform.
Facebook, which owns Instagram, states in its policy that users can’t post sexually explicit and implicit content, including suggestive emojis or references to “wetness” or an erection. This, as you can imagine, makes it difficult for people to promote sex work.
Instagram has said, both in a statement to Mashable and a subsequent tweet, that the new terms are focused on clarifying how the app uses data to serve personalized ads; what data advertisers receive; and licensing and IP usage. They did not change any of the language around the posting of sexual or suggestive content.
We’re seeing some confusion that our Terms of Use update is targeted at sex workers. We want to reassure our community that this isn’t true, and nothing will change about the way we enforce our policies on 12/20. (1/2)
— Instagram Comms (@InstagramComms) December 16, 2020
We made some changes to our Terms to make them easier to understand; for example, we’re providing clearer language on how we use data to personalize ads. You can find them here (https://t.co/7cKfaLaKmn) and they apply to everyone on Instagram. (2/2)
— Instagram Comms (@InstagramComms) December 16, 2020
The tweets’ purpose, according to an Instagram spokesperson, was to clarify that their policies will not change when the new terms go into effect on Dec. 20. Instagram may have meant to reassure users, but for many in the sex work community, it was unwelcome news.
A history of being targeted
Across social media, sex workers, educators, and others in the sex industry have dealt with this issue for years. On Thursday, Rolling Stone’s EJ Dickson reported that sex workers are getting “purged” on TikTok. Last year, sex worker and journalist Erin Taylor reported on Instagram censoring and shadowbanning of sex workers, particularly queer creators.
There are dozens of recent claims on Twitter from the sex work community that Instagram is lying and has, in fact, targeted them by banning them from the platform. For many sex workers, sex educators, and the like, social media is critical to their livelihood. It’s often their first interaction with potential clients. Platforms like Instagram can be someone’s main marketing platform, said Taylor Sparks, sex educator and founder of online intimacy shop Organic Loven.
It can take years to build up a social media following, and to have it taken away in an instant — without warning or explanation — can be devastating. Sparks told Mashable the nebulous guidelines offered major social networks can threaten sex worker safety and make sex education inaccessible on a platform where it previously thrived.
“Instagram and Facebook guidelines will have sex educators, tantric coaches and professional Dommes walking on eggshells because you don’t know if those monitoring your page will consider the word penis or dick more offensive,” Sparks said. She compared their guidelines to the Hollywood Hays Code, a set of censorship guidelines which among other things required married couples to sleep in separate twin beds on television.
Restricting basic sexuality does more harm than good.
Restricting basic sexuality does more harm than good, according to Sparks, as it censors information that’s both wanted and needed. Especially in the United States, sex education is sorely needed: Only 24 states and D.C. mandate sex education, while just 34 states mandate HIV education.
The proof of this need, Sparks noted, is clear by follower counts and the number of interactions sex educators see on their pages. “If it was such an off-putting topic it would clearly show in the numbers,” she said.
Sex educator and performer Kenneth Play sees social media as a lifeline for fellow educators and experts, as well as those outside the industry.
“There are countless educators who have each helped thousands understand and feel empowered by their gender and sexual identity whose digital support has supplemented what many individuals lack in their personal communities,” said Play, who’s garnered over 12 million views on Pornhub with his sex ed content. Educators like him fear they may now be limited in their content distribution, he continued, and Instagram’s rules and their vague enforcement will continue to cause unnecessary anxiety.
Image: vicky leta / mashable
It’s yet to be seen what will come out of Instagram’s updated terms. If the only changes are about data collection, that means that Facebook’s Sexual Solicitation guidelines still stand. “Nothing will change” insinuates that accounts from people in the adult industry will continue to be banned for violating these rules. As demonstrated by the response to Instagram’s tweet, “nothing changing” won’t help sex workers.
When asked by Mashable if it removes accounts that link out to sites like OnlyFans, for example, Instagram’s spokesperson said:
We don’t take action simply because accounts post OnlyFans links, we take action if these links are shared alongside content attempting to share or offer sexual materials, or coordinate sexual encounters between adults.
The explanation doesn’t add much clarity; could an OnlyFans link itself be considered “content attempting to share or offer sexual materials”? What constitutes sexual materials?
Instagram’s spokesperson said they have an ongoing dialogue with sex worker organizations. But they declined to say which organizations, instead linking to Facebook’s community standards page on stakeholder engagement.