Documenting Discriminatory Content Moderation: Data-Collection Guidelines for Legal Evidence

By Gesellschaft für Freiheitsrechte

Discriminatory content moderation 

These guidelines are designed to facilitate the collection of evidence to enable potential legal  recourse against discriminatory content moderation.

1. Documenting the Posts Before Moderation 

Before any moderation action is taken, ensure that you properly document the post:  •
Take a screenshot of the post while it is still visible. This should include the account name,  date of the screenshot, and the specific post.  

2. Documenting Moderation  

If content is moderated or removed, take the following steps:  

• Take a screenshot of the moderation notice or removal confirmation.  
• Secure emails or notifications you receive about the moderation action (e.g., a removal notice).  
• Ensure that any moderation reason or reference number (if available) is visible in your documentation.  

3. Submitting an Internal Complaint  

When submitting an internal complaint to the platform about the moderation action, document the  following:  

• Take a screenshot of the complaint submission form or communication, showing the details of your complaint.  
• Secure any emails or notifications confirming the submission of your complaint (e.g., ticket number, reference to your complaint).  
• Ensure that the content in question is referenced in your documentation.  

4. Response to Your Complaint  

Once you receive a response from the platform:  

• Take a screenshot of the reply or any notification regarding the response.  •
• Secure all emails that detail the platform's response, especially if they reference the specific complaint.  
• If the platform decides to reinstate content, document the process:  

✔ Take a before-and-after screenshot to show the content's availability post-response. 
✔ If your post is not reinstated, even though the platform has announced this, take a screenshot showing this. 
✔ If the content is not reinstated, ensure you document the reason provided and the next steps suggested.

5. Identifying Issues like Shadowbanning 

If you suspect a shadowban (reduced visibility or engagement):  

• Document the decline in reach by comparing screenshots of posts before and after the suspected shadow ban.  
• Compare engagement metrics (likes, shares, comments, etc.) of posts that might have been affected by shadowbanning and those that were not.  

• You can use third-party tools (e.g., social media analytics tools) to measure reach and engagement. These tools can help you track changes in visibility or interaction with your posts, even if the platform itself does not show the decline directly. Document the differences between posts that seem affected by shadowbanning and those that are not,  providing a clearer picture of the impact.  
• Take screenshots of search results using hashtags or keywords related to your post.

If your post does not appear in the search results of users, document it with a screenshot.

 Learn more about Gesellschaft für Freiheitsrechte and their work at freiheitsrechte.org