Should Spotify Back Joe Rogan in COVID Misinformation Dispute with Neil Young?

Singer Neil Young (right) took his music off Spotify for hosting popular podcaster Joe Rogan (left), who has aired COVID disinformation. Rogan photo by Vivian Zink/NBCUniversal via Getty Images; Young Photo by Gus Stewart/Redferns
Should Spotify Back Joe Rogan in COVID Misinformation Dispute with Neil Young?
COM’s T. Barton Carter on the ethics and economics
Public health advocates are humming Forever Young in homage to Neil Young after the 76-year-old singer’s dustup with Spotify over COVID-19 misinformation.
Young triggered a celebrity secession this week from the streaming platform for hosting Joe Rogan’s podcast—Spotify’s most popular—where the comedian has interviewed anti-VAX guests. (Critics say Rogan, who has had COVID, has himself pooh-poohed vaccination requirements for mass events and criticized COVID safety measures.) After Spotify sided with Rogan—honoring Young’s request to remove his music if it wouldn’t cancel Rogan’s podcast—Joni Mitchell, Peter Frampton, and Nils Lofgren, a longtime member of Bruce Springsteen’s E Street Band and Young’s Crazy Horse, quickly announced they were following Young off the platform.
Spotify responded by saying it would append a content advisory to any podcast episode on COVID, steering listeners to reputable experts. For his part, Rogan pledged to open his podcast to “differing opinions” on COVID.
Are Spotify and Rogan’s steps enough amidst an ongoing pandemic? BU Today asked T. Barton Carter, a College of Communication professor of media science and a lawyer with expertise in communication law and new technologies who has written three textbooks on the First Amendment and communication law.
Q&A
With T. Barton Carter
BU Today: Was Spotify right to stand by Rogan and keep his podcast going?
T. Barton Carter: From a business standpoint, what they would do is decide which is going to cost them more money. From an ethical standpoint, that’s more complicated, only because they are a business for putting up different ideas and positions. At what point do they decide that something is so antithetical to what they stand for that they need to remove it? There’s also a problem if they say, we’re taking Rogan off because Neil Young wants us to—what happens next? He was interviewing people who said these [anti-vax] things. More generally, where is the line? Do you let some [people] bully you into shutting up other people?
Personally, I don’t think that that [anti-vax] information should be out there. I disagree with it. But it gets complicated when you’re talking about being a forum for different viewpoints and how far do you go. For example, Netflix recently had a controversy with Dave Chappelle [over the stand-up’s transphobic comments in a Netflix special]. A lot of people demanded he be taken off. Netflix didn’t, and it seemed to have died down.
BU Today: Do you think Rogan’s fans would seek more reliable COVID information were Spotify to eject him?
T. Barton Carter: No, probably not. I hate to say it, but in terms of vaccine anti-vax, the vast majority of the country has made up its mind, one way or the other. One of the problems with the modern media landscape is that it’s easy for people to seek out only those who agree with them or reinforce their beliefs. They’re going to continue to seek those people out.
BU Today: Will Spotify’s advisory suffice to counter COVID disinformation?
T. Barton Carter: Probably not much. As I said, I think most people have made up their minds. And if they are following a particular podcast, it’s probably because they agree with the viewpoints on that podcast.
BU Today: What about Rogan’s pledge that he’ll offer expert opposing viewpoints?
T. Barton Carter: You can argue that it gives him a more balanced program, but again, the question is: will the people who have been listening to him listen to these contrasting opinions?
BU Today: Might the celebrity power of Neil Young and Joni Mitchell trump ratings and push Spotify to reconsider keeping Rogan on?
T. Barton Carter: I guess it’s possible if there are enough of them. Spotify makes its money from subscriptions, so how many people would drop their subscriptions if these people are no longer available, versus how many might drop their subscriptions if Joe Rogan’s no longer available? I don’t [know], and it probably would depend on how many people drop off. It’s different than platforms that subsist on advertising revenue, because when advertisers start pulling their ads, the effect is somewhat more immediate.
BU Today: Is this an area where regulation might be necessary and would pass legal muster?
T. Barton Carter: Spotify is a publisher. They’re buying these things and putting them up on their platform. Section 230 [a federal provision immunizing website platforms from liability for third-party content] would not be applicable to Spotify, but there is the First Amendment issue. Is the public health argument sufficient to overcome their First Amendment rights? Spotify has a First Amendment right to publish. At what point could you argue that the law would be constitutional in requiring them not to publish something or punishing them for publishing something? That would be a very, very hard argument to make generally, but also when you start trying to define what it is you’re not letting them publish.
Obviously, the pandemic has raised, shall we say, people’s temperature. You look at what’s going on in terms of vax requirements, the battles pro and con, the two Biden actions that went to the Supreme Court. One was upheld [mandating COVID vaccination for health workers], and one wasn’t [vaccination requirements for larger employers]. The emotional component as well as the logic component make it very difficult, and all sides seem to be very entrenched.
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