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Proposal to Update Terms of Service

A topic by Teophilo created Jun 15, 2022 Views: 587 Replies: 4
Viewing posts 1 to 4
(3 edits) (+3)

Following a conversation in a previous post, some of us felt like a change is needed in Itch.io's Terms of Service. Specifically the section 3 (Acceptable Use) :

  • "Prohibited actions include but are not limited to: posting content that promotes or participates in racial intolerance, sexism...(among others).

Currently, the terms are expressed in a way that is open to multiple interpretations. This is an issue because if the rules were to be strictly enforced it could result in excessive censorship. On the other hand, not enforcing the rules is not the solution either, since that leads to a state of permissiveness in which anything is allowed. Plus, rules only have meaning if they are enforced, otherwise they are pointless.

So, I believe the question is not whether we strictly enforce the rules or we decide to overlook them. Rather, the rules should be stated in such a clear unambiguous way that they could be followed consistently withoud leading to extremes.

Therefore, the suggestion is to clarify the meaning of the rules that prohibit racial intolerance and sexism. We would like to allow games that depict racial intolerance,  sexual abuse or discrimination when the intention is educational. However, at the same time, we would like to prohibit games that glorify either racism or sexual abuse, games who side with the abuser instead of with the victim (regardless of the sex or gender of the abuser), whose intention is solely delighting on the abuse portrayed for the gratification of the viewers.

As the Terms of Service says, the aim is "to create a safe environment for users of the site and service. This requires a community that is built on goodwill and responsible behavior by its members".

I would like to encourage a constructive discussion in which everyone can participate to contribute in this effort to make Itch.io a place where users can feel both safe and free to express themselves.


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I would like to give credit to Mango Scribble and to Eldwood for developing some of the ideas expressed here.

(+2)

I completely agree, that's an excellent suggestion. It should be clear what it's meant by sexism and racial intolerance. It's true that the phrase "content that promotes or participates" can be a bit vague or even subjective. So the solution would be being more specific in what is allowed and what is not tolerated. Clear and unambiguous, like you said.

When is this change / update going to be implemented?

(2 edits)

This isn't good.

More effort must be made to clarify what must be considered "educational" and what should be considered "glorify".

If I correctly understood the intentions of the starter of this thread, the main goal of this thread is to "clarify the meaning" of the two above mentioned words, and that still didn't happen. We need here people who can do philosophy and lawyer-speak.

For example what about games, where the protagonist is the villain, but feels bad for the victims, and is actually forced to do evil in order to survive? And what about brainwashing, hypnotism, mind-control, multiple personality disorder and similar things, if they happen with the villain, and not with the victim? This is very complicated, as there are many games with very complicated stories.

Edit: Also, I must add that there are games, which doesn't have a story, or have a story that doesn't make any sense at all. What about those games? How could it be decided whether they can be considered educational???

(2 edits) (+8)

I’m going to play the devil’s advocate here and say that Itch.io should only remove strictly illegal games rather than setting a vague arbitrary line that seems reasonable at a glance. I don’t think it is Itch.io’s responsibility to cherry-pick out which games are morally wrong or socially acceptable since it is impossible to satisfy everyone. There are countless extremely successful fiction works that would be banned under the label of sexual abuse, Fifty Shades of Grey is the best example. People will say that Fifty Shades is encouraging sexual abuse, even if the protagonist willingly agrees to the seemingly abusive sexual interactions that take place there.

Censorship crusaders will go on a field day if an arbitrary rule is set, even if the rule is only meant to stop the worse offenders. Sexual objectification? Well, they can argue that showing female characters in any garb that doesn’t cover up to the ankles, or female characters having body proportions other than a potato (hourglass figure, unrealistically large breasts) is the sexual objectification of women and then there goes 80% of games on here. If a game plot involves saving the girl, it will also be considered objectification because “they’re treating the girl as a prize” and poof there goes Super Mario Bros. You may think I’m being unreasonable, but just taking a quick look at various Twitter dramas about video games would hopefully convince you otherwise.

Setting the threshold for acceptable content on a large platform such as Itch.io is not trivial. But I could make a few suggestions. First is the Newgrounds blamming system. Bad submissions get blammed by users and enough blams will depublish the submission and the creator has to revise their content before resubmitting. The second is adding another rating on top of the mature rating for games with extreme content, but I think this is better discussed in the main discussion thread. Lastly is implementing a default tag exclusion in search and main page listings. People who do not want to see certain tags can set this on their profile page and never see games tagged with them ever again on Itch.

Mature games are meant for mature audiences only, and as adults, we all have the choice of not playing a game if we don’t like it. The only complaint I have is the annoyingly explicit cover pages for these games being shoved in my face (maybe a better cover page policy?)

Edit: I forgot to mention why I used sexual objectification, it’s because OP’s previous linked post included the call for banning content with sexism, and they quoted the sexism definition on the wiki that included objectification. Ergo they are also advocating for the removal of games with sexual objectification.

(1 edit) (+1)

Completely agree. It's one thing to go out there and deliberately be provocative, making something trashy like "Minority-Slayer 3000: Extreme Wifelocker Edition," but trying to attach too many specific labels leads to people deconstructing work to attach a stigma that was never intended, and/or call a piece of work some heinous label for using some outdated trope without much thought.