FACT BRIEF

Do Spotify's terms of use give it broad leeway to decide what content it offers?

Saturday, October 3, 2020

By Esther Tsvayg

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YES

Spotify, known for music-streaming services, describes itself as "an open platform for artistic expression" but reserves the right to remove anything that "promotes, advocates, or incites hatred or violence." Its terms also state it may remove user-uploaded content for "any or no reason."

In 2018, Spotify removed R. Kelly's music from official playlists following controversy over alleged sexual assaults by the singer. His music remained available for streaming. Spotify then changed its policy, stating that its "role is not to regulate artists."

Archived episodes of Joe Rogan's podcast featuring controversial guests have not been available since the show's move to Spotify. Spotify has not commented. Some Spotify employees are reported to be demanding further oversight of the podcast, including the removal of some episodes about transgender issues.

This fact brief is responsive to conversations such as this one.

Sources

Spotify: Terms and conditions, user-generated content

Spotify: What content is prohibited on Spotify?

Spotify: Policy update, hateful conduct

Consequence of Sound: Spotify reverses policy amid cries of censorship

Digital Music News: Spotify employees demanding direct editorial oversight over podcasts

Vulture: Joe Rogan is already a headache for Spotify

Business Insider: Spotify is reportedly fighting with employees about Rogan episodes that some consider transphobic

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