Disclosure: This post contains affiliate links. I may receive compensation when you click on links to products in this post. For an explanation of my Advertising Policy, visit this page. Thanks for reading!
What is “Free Speech” Web Hosting?
Nowadays, “Free Speech” Web Hosting has become associated with Web Hosting that is mostly based outside the United States or Offshore and to a certain extent out of the “Five Eyes” jurisdictions.
So why are website owners flocking to so-called “Free Speech” Web Hosting when for the most part their own countries usually guarantee “Free Speech” right in their constitutions?
This is where things get murky. Although most modern democratic countries do enshrine “Free Speech” in their constitutions and laws, there are certain limitations even to “Free Speech”.
For example, a person cannot yell “Fire!” in a crowded theater. Why? Because it would endanger those around them and their rights. Also, in the same vein, people can be held liable if they’re “Free Speech” directly incites violence in the societies they live in.
In addition, many activities are just plain illegal and promoting these illegal activities, although technically it’s “Free Speech”, is simply breaking the law. I could go on but I think you get the gist.
However, with the advent of Social Media and the powerful influence it has had on our society over the past 20 years, the issues of “”Free Speech”” have gotten even murkier.
You see, not only do you have to abide by your county’s own laws in their relations to “Free Speech”, you now have to contend with private corporations and what they will and will not allow on their platforms.
Social media platforms like Facebook, Twitter and even Web Hosting companies are technically “private” platforms. They get to set the rules in their ToS on what activities are and are not permissible on their platforms.
These “private” companies can also take anyone off their platform including the President of the United States, if they feel their content is either offensive to the majority of their audience, advertisers or simply brings about too much public scrutiny and bad press to their platforms in general.
Although you may have freedom of speech rights enshrined in your constitution, those freedom of speech rights do not guarantee you the right to use someone else’s private platform to express your abuse. So, let’s say you want to create your own platform in the form of a website to express yourself.
Well, you need to host that website somewhere.
Additionally, even though Web Hosting Providers are not Social Media Companies nor do they have the same types of platforms, for all intents and purposes, the server is owned by a private company. That server is the Web Hosting Provider’s platform.
Therefore, they too can take anyone off their platform, their private platform in the form of their hosting, that they choose as well.
So how do we private citizens who want to express ourselves on our own websites through services that we pay for, express ourselves through “Free Speech”?
By simply, or maybe not so simply, choosing a “Free Speech” Web Hosting Provider.
So how do we find a “Free Speech” Web Hosting provider that is not going to censor our content nor shut down our website over controversial topics?
In this post, I’m going to answer some of those questions as well as related questions to “Free Speech” Web Hosting, how to choose a “Free Speech Web Hosting Provider” and why you should get it.
Why get “Free Speech” Web Hosting?
Unfortunately, even if you play by the rules. Even if your website contains no hate speech, illegal content, non-promotion of violence, the sale of illegal substances etc. you can still be the target of those who strongly disagree with your points of view that you express on your website.
These overzealous and often nefarious characters will use tactics that are borderline legal, such as issuing frivolous DMCA takedown notices and other tactics which are not legal like launching DDoS attacks.
Web Hosting Providers are often caught in the crosshairs. On one hand they want to provide web hosting services for clients, on the other hand they don’t want to provide those services at the cost of legal fees and fighting off frivolous DMCA takedown notices, liable lawsuits etc., which is what they may be at risk of for simply hosting a website on their servers.
Therefore, it is just easier for Web Hosting Providers to take your website down and let you deal with the fallout. Web Hosting Providers are able to do this most commonly through their Terms of Service.
Many Web Hosting Providers have Terms of Service rules on their blogging platforms with policies that are purposely ambiguous.
This gives them the ability and “right” to liberally use hate speech and other laws as an excuse to take down websites of clients who appear to be troublesome.
Many webmasters become targets of tech-savvy groups of trolls or disgruntled political opponents looking to take them down.
These unsavory characters use tactics like slander and libel law challenges, DMCA takedown notices, etc.
Some sites might also become targeted with DDoS attacks and/or attempts at doxxing as well.
Therefore, your best course of action would be to look into Offshore Web Hosting provided by those companies that offer “Free Speech” Web Hosting Services.
You see, Offshore Web Hosting Providers don’t fall under US jurisdiction, so they don’t need to respond to DMCA takedown notices.
Most will, however, notify you in case they do receive one about your website and it’s content.
But most Offshore and Free Speech Web Hosting Providers won’t simply just take down your website and leave you twisting in the wind as you try to deal with it.
Offshore Web Hosting Providers are well aware of tactics like frivolous DMCA take down notices and DDOS attacks.
As a result they provide extra protections both legislatively through their own countries’ strict privacy and freedom of speech protections as well as technically through enhanced security measures like DDOS protection.
However, just because a Web Hosting Provider, whether that’s an Offshore Web Hosting Provider or a Local/Domestic Web Hosting Provider advertises that they are a “Free Speech” Web Hosting Provider doesn’t mean they are.
Or at least may not have the same definition of “free speech” that you might have.
Not all “Free Speech” Web Hosting Providers are the same, so choose wisely.
Before choosing a “Free Speech Web Hosting Provider” you will need to ask yourself a few questions:
- “Are you going to be posting anything that may be politically charged or controversial?”
If you draw negative attention to the host they may choose to drop you rather than deal with any issues.
This would usually, if “loosely”, be covered by their Terms of Service.
When I say “loosely” I mean many companies like to allow themselves enough wiggle room to get out of any contracts if the heat on them gets turned up too hot.
- Are you going to be doing on-demand audio play or more real-time broadcasting? Some hosts explicitly deny audio streaming services to their users.
- Will you be posting “alternative scientific information” related to virology, vaccination and other controversial medical topics?
Many hosts are starting to add clauses to their terms of use that disallow so-called, “fake news” and the dubious “controversial or conspiratorial” “scientific” topics that are behind many anti-vaccine statements.
- You will finally have to ask yourself, what does “”Free Speech”” mean to you?
So long as you aren’t violating any agreements you have with your Web Hosting Provider, you aren’t violating the law in the country where the “Free Speech Web Hosting Provider resides, or even where you reside, you should be fine.
No Web Hosting Provider will host your site if you break the laws of their country, or any of their rules.
If you are that concerned about breaking a Web Hosting Provider’s TOS or rules and being taken down.then the best time to learn them and how they may pertain to your situation is to read them beforehand.
I know it’s common sense, but just because a Web Hosting Provider calls themselves “Free Speech” doesn’t mean their definition of “Free Speech” is the same as yours.
Some “Free Speech” Web Hosting Providers like Nearlyfreespeech.net have their own limitations as well since they are actually located in the US and have to comply with subpoenas, for example.
Where can I get “Free Speech” Web Hosting?
For “”Free Speech” and privacy protection, it’s best for you to look at Icelandic hosting. Iceland has strong “Free Speech” laws. However, that’s not to say they allow hate speech or any other unlawful or illegal activities either on their servers.
Orangewebsite is one such company. Icelandic based, they not only allow for anonymous sign ups, but you can pay with Bitcoin or even cash through the mail. But they are legit.
They are well known for ignoring frivolous DMCA takedown notices, which means that they’re not going to just shut down your website when you receive one at the drop of a hat and assume you are guilty until you prove yourself innocent like most other Web Hosting Providers.
They also have excellent “DDoS Protection” as well.
Iceland’s legislature, with its “Icelandic Modern Media Initiative” is known for strongly advocating freedom of speech and a free press.
Bloggers and journalists have the freedom to publish virtually anything without fear of being uncovered or legally prosecuted.
The problem with self hosting in jurisdictions like the US is that if your ISP receives any complaints directed at the content you publish through their servers, they will likely proceed to terminate services at some point, rather than deal with Lawyers and Courts.
It’s simply easier and more cost effective for them to just cancel your contract according to their “loosely” defined TOS, than to protect your freedom of speech rights. That’s up to you. You are on your own in that regard,
You could also look into leasing data center space, but they also have their own ToS for using their space too.
The same can almost be said for just setting up your own Web Server at your home.
Though you may have solved the “Web Hosting” issue, you still need to connect to the internet and the only way to do that would be through your telephone or cable company.
Then of course, they have their own ToS as well.
“Free Speech” Web Hosting, conclusions.
You should know that even if you do choose to host your site offshore with a “Free Speech” Web Hosting provider, that doesn’t give you the right to promote hate speech, violence, post illegal content, engage in illegal commerce etc.
Chances are if the activities that are obviously illegal in your home country, they will also be illegal in the jurisdiction of your Offshore Web Hosting Country as well. “Free Speech Web Hosting or not.
Just so you know, “Free Speech”” only means that the government isn’t going to turn off your website.
In fact, the biggest threats to a webmaster’s freedom of speech don’t come from the government, but come from political opponents or those with opposing points of view that are looking to take a webmaster down using questionable legal means with tactics like frivolous DMCA take down notices as well as illegal means such as DDOS attacks.
The other threat to a webmaster’s freedom of speech comes from, ironically, their Web Hosting Provider. Web Hosting Providers don’t want to deal with these threats any more than you do.
But for different reasons. It’s just not worth it to them to have to hire legal counsel every time one of their thousands of clients gets a frivolous DMCA takedown notice for example.
Although many DMCA take down notices are frivolous, some are not.
So, the last thing a Web Hosting Provider wants to deal with is deciding which DMCA takedown notices are frivolous and which are not.
It’s just easier for them to take down your website than to deal with it.
Corporations, including Web Hosting Providers in the end, are still free to deny you service up front and/or cancel any existing contracts you may have with them if you cause them too many problems, like lawsuits, bad press etc.
Therefore, you need to read the terms and conditions of each “Free Speech” Web Hosting Provider’s contract before you sign up to them.
Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from wpwebsitetools.com. or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
