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by Karteria. . 134 reads.

GAR45: Limiting Platform Jurisdictions, Administration, and Moderation

G.A.R. 45
Limiting Platform Jurisdictions, Administration, and Moderation

Author: Karteria

Sponsors: The Right Honorable Celestiam, Central Birdland

Category: Domestic Affairs, Constitutional Amendment

Affects: Discord, Other Platforms


Article 1: Statement of Policy

  1. Through this resolution, the General Assembly shall:

    1. Define the jurisdiction of each government branch and other parties as it concerns communication platforms;

    2. Outline regulations on how the Secretary-General and other officials are able to administer Discord;

    3. Establish the Founder’s role in moderation and administration;

    4. Clarify moderation practices and the legitimacy of official warnings; and

    5. Distinguish between High Court and Moderation’s respective jurisdictions.

Article 2: Definitions

  1. “Discord” generally means the off-site communication platform utilized for instant-messaging and other various purposes between members of the New West Indies, diplomats, and other visitors. For the purposes of this resolution, this term refers to the primary Discord server utilized by the region.

  2. A “Publicly-viewable” channel means any Discord channel viewable (though not necessarily with permissive messaging) by all citizens and residents, excluding those lawfully restricted from access by the High Court. Such channels may be privately owned or publicly-owned.

Article 3: Legal Jurisdiction

  1. Under §17 of the Constitution, the Secretary-General of the New West Indies, or any legitimate subordinate government authority thereof, may reasonably maintain and administer any official communication platform for the region. Such administration shall be in the public interest and subject to the rule of law, including limitations outlined in this resolution henceforth, as well as the Founder veto.

  2. The General Assembly may legislate areas concerning a communication platform or platforms or in ways that affect such platforms. However, such legislation may not concern moderation of a communication platform beyond Article 5 of this resolution.

Article 4: Discord Administration

  1. The Secretary-General or any legitimate subordinates are prohibited from

    1. Deleting any publicly-viewable Discord channel that includes posts made by members of the server, excluding channels immediately created;

    2. Unlawfully removing roles, or the permissions thereof, for specific citizens to speak in public channels or unduly restricting admittance to the server at-large; or

    3. Removing roles that identify lawfully-elected members of government.

  2. The Founder is the owner of the New West Indies Discord server and may utilize all powers of the owner in a reasonable manner as long as such usage does not violate the rights and legal privileges of citizens and residents or violate prohibitions stated in this resolution.

    1. The Founder may not delegate ownership powers of the Discord to any person for any reason unless they justifiably believe, pursuant to §23 of the Constitution, that the security or stability of the New West Indies is significantly under threat.

Article 5: Moderation

  1. Moderation of communication platforms emanates from the inherent powers of the Founder and is limited by Article 5 of this resolution.

  2. The Founder may establish or alter communication rules for the Discord server or other official platforms concerning prohibitions on types of conduct for every member of the platform. These rules may concern misconduct under the High Court’s jurisdiction or otherwise.

    1. Any rule that is substantially dissimilar from the particular platform's terms of service (including any binding guidelines for conduct) shall be added or adjusted via Executive Decree to be legitimate.

  3. Moderators may issue official warnings concerning violations of these rules. The Founder or another designated moderator – other than the issuer of the warning in question – may resolve any appeals on these warnings.

  4. The moderation team may, with the consent of the Founder, or the Founder unilaterally may, add new moderators to the team.

  5. Government officials shall not be automatically granted general moderation authority, nor a higher relative moderation authority, solely because of their elected office. However, a government official may simultaneously hold office and act as a moderator.

    1. Neither a member of the High Court nor the Public Attorney may serve as a moderator.

    2. The Secretary-General and Secretary of Defense and Information still retain their suppression authority as outlined by GAR21 (barring amendment or repeal), but they are recommended to consult the Communication Rules and Moderation team.

  6. The Founder or any moderator(s) designated by the Founder may enact bans, enact mutes, delete posts, or otherwise restrict access to the Discord server onto anyone who commits misconduct concerning anything pursuant to § III(B) of the Criminal Code.

    1. For all intents and purposes, victims under § III(B) of the Criminal Code must be an identifiable person or group.

  7. Those who enter the Discord server, before being given a role, may be banned from the server for any reason. This clause does not include accounts associated with citizens or residents unless there is probable cause that the account is fraudulent.

  8. Posts made by those who enter the Discord server in whatever channel utilized for adding roles may be deleted when such posts are disruptive or otherwise inappropriate. These deletions are not considered summary suppressions.

Article 6: Amendments to the Constitution

  1. §17 of the Constitution shall be amended as follows (with changes in bold):

    "The Secretary-General is responsible for faithfully executing the law of the New West Indies. The Secretary-General may represent the region abroad, command its security, oversee its recruitment, maintain its communication platforms, assist its administrative departments administration, and oversee the day-to-day operations of the Executive Branch."

  2. §23 of the Constitution shall be amended as follows (with changes in bold):

    "The Founder must use its executive authority to ward off any foreign aggression meant to invade, raid, or destabilize the region. The Founder may also issue executive decrees containing the purpose and duration of validity of such to take precautionary measures to avoid previously mentioned circumstances. The Founder also oversees moderation of the region and its platforms."

Article 7: Enforcement of this Resolution

  1. This resolution shall go into effect immediately upon passage and have no expiration date.

  2. This resolution shall not be misconstrued to allow the violation of any resident or citizen’s rights under the law, including those provided by this resolution.

  3. This resolution shall not require the Founder to remove any current moderator or alter current communication rules for off-site platforms.

  4. For the intents and purposes of the Criminal Code, any Discord server owned by the Founder and for the purposes of the New West Indies community is owned by the Government of the New West Indies. For the intents and purposes of the State Code, the actions of the Founder related to this resolution may be tried in State Court as if they were the government of the New West Indies.

  5. This resolution shall not apply retroactively in any manner.

Karteria

Edited:

RawReport