By Ethan Chaiet, 2L, Villanova University – Charles Widger School of Law
In late June 2020, popular Twitch streamer Dr. Disrespect, known for his provocative persona and armed with lucrative exclusive two-year contract, mysteriously disappeared from the platform.[1] Dr. Disrespect, whose real name is Guy Beahm IV, was one of Twitch’s top content creators. Dr. Disrespect’s streams consistently attracted an average of over 21,000 viewers, and he remained loyal to the platform even as many of his peers migrated to other streaming services.[2] Many fans pointed to Beahm’s controversial history, which included being banned for streaming in a men’s bathroom and performing racist caricatures while streaming.[3] Yet, the truth is much more problematic than these speculations – the root of Dr. Disrespect’s suspension was the “inappropriate” messages that he sent to a minor in 2017.[4]
Fast forward to 2024. A Twitch employee, who worked for the company for eight years, explained that Beahm was caught using Twitch’s private chat feature to sext a minor.[5] He even planned on meeting up with her at Twitchcon.[6] To mitigate public backlash, Dr. Disrespect argued that the interactions were not illegal and that he had never met the individual.[7] Twitch contended that Dr. Disrespect had violated the site’s community guidelines or terms and services, emphasizing the need to hold him accountable despite his status and prominence on the platform.[8] After Twitch released its statement, several of Dr. Disrespect’s partners and sponsors began pulling their endorsements. For instance, Midnight Society, a gaming studio that Beahm co-founded, has officially cut all ties with the streamer.[9] Even non-gaming entities, such as the San Francisco 49ers, ended their partnership with Beham, who had most recently announced the team’s third-round pick in the 2022 draft. [10] Other streamers and friends of Dr. Disrespect condemned his actions, stating that he needed to “re-evaluate” his life. [11]
Dr. Disrespect’s scandal is emblematic of some of the challenges Twitch has faced in safeguarding its platform against exploitation since its inception in 2011. As streaming continues to grow as a common commercial activity, companies may be unprepared to address the complex risks that accompany this medium. Numerous accounts on the platform have been accused of predatory behavior towards minors.[12] Child predators are attracted to Twitch’s messaging feature, Whispers, which makes it possible for users to message each other across the site privately.[13] To address these concerns, Twitch has partnered with the National Center for Missing and Exploited Children, which works with global law enforcement agencies to limit content that promotes, encourages, or admits participation in the sexual exploitation or sexualization of youth.[14] This partnership is certainly a step in the right direction.
Twitch’s Challenges
In 2022, Bloomberg published a report stating that over 1,900 child predators were using Twitch to systematically find and follow young users, encouraging them to perform suggestive dances and explicit sexual acts.[15] In response, Twitch created phone verification requirements and would delete accounts made by users under the age of 13.[16] Yet, child predators are exploring new ways to circumvent these barriers by using Twitch “clips.” These 20-second snippets of a live stream are being proliferated online, and often depict young children involved in graphic activity after viewer encouragement.[17] Despite being played over 7,000 times, these clips remain the least moderated portion of the platform.[18]
To its credit, Twitch relies on its moderators to create and manage the online community. Moderators are tasked with identifying potential troublemakers and prevent them from spreading hateful or harmful content.[19] However, most of these moderators are unpaid and unprepared for the emotional toll that accompanies the position. Studies have shown that moderators lack the cognitive and emotional capabilities to handle the situations that arise from interactions on Twitch.[20] Thus, moderators may struggle when it comes to handling difficult content such as the sexual exploitation of children.
Potential Liability
In 2020, Wired investigated the average age of Twitch users. While Twitch’s terms of service state that one must be 13 or older to stream on the platform, dozens of accounts were seemingly operated by children under that age.[21] Many of these accounts were contacted by child predators who forced them to answer inappropriate comments, questions, or demands.[22]
The magazine went on to suggest that Twitch could employ a better approach that would better protect the safety of its users. The Wired’s investigation described the specific precautions that Twitch’s competitors, YouTube and Facebook, were taking to protect their child users. For instance, YouTube had restrictions in place to prevent live streaming from mobile devices and Facebook carefully monitored channel discovery.[23] On the other hand, Twitch expected its users to use the site’s reporting tools or contact law enforcement when something criminal occurred.[24]
Additionally, platforms can be held accountable under both federal and state laws if they neglect to implement sufficient protections for minors. While Section 230 of the Communications Decency Act (CDA) offers certain protections to online platforms, it is not absolute.[25] For instance, in T.V. v. Grindr, LLC (2024), the court recognized that §230 does not exempt platforms from all potential liabilities, particularly when state laws mandate proactive measures to safeguard children from harmful activities.[26] Furthermore, various statutes impose harsh penalties on platforms that fail to prevent the sexual exploitation of minors.[27] Beyond legal consequences, neglecting the safety of minors can result in substantial reputational damage and financial losses for these platforms.[28]
Some observers believe Twitch may face liability for failing to take “appropriate” action. In United States v. Williams, the Supreme Court criminalized the pandering or solicitation of child pornography.[29] Since Twitch is arguably aware of the predatory activity that takes place on its platform, it could potentially be held liable as a distributor.[30] Twitch could avoid liability by actively going out of its way to prevent the aforementioned nefarious activities.
Currently, Twitch users do not need to have an account to upload content, subscribe to channels, or interact with other accounts.[31] In other words, all users, regardless of age, can use all of the platform’s features without signing up.[32] Predators are taking full advantage of this policy, using as little as twelve seconds to find someone who appears to be a minor streaming on the platform.[33] Underaged streamers, incentivized by the prospect of donations, frequently provide their name and location to these predatory viewers.[34]
To Twitch’s Credit
While there is no single fix-all measure that Twitch can take to completely eradicate the child predation problem, there are precautions the platform is embracing or contemplating to mitigate the possibility of children encountering potentially harmful users. For instance, the company recently announced that they are updating the privacy settings on their messaging platform, Whispers. The setting “block Whispers from strangers” will now be turned on by default.[35] Moreover, Twitch has also modified its “off-service policy” giving them the right to remove users from the platform based on suspicious behavior.[36] Twitch hopes these changes will deter potential predators while shielding its users from the dark side of online gaming.
Conclusion
As the esports and streaming industries continue to evolve, the challenges of safeguarding platforms like Twitch against predatory behavior remain pressing. The industry will likely continue to grapple with the specific issues surrounding Dr. Disrespect, who recently hinted at a return to streaming through a social media post.[37] Additionally, Beahm deleted a previous statement admitting to inappropriate behavior with a minor. With Dr. Disrespect’s impending return, coupled with reports of a lucrative contract offer from rival streaming service Kick, the focus on critical concerns like the safety of minors is unlikely to diminish anytime soon.[38]
[1] See Jacob Kastrenakes, Twitch Reckons with Sexual Assault as it Begins Permanently Suspending Streamers, The Verge (June 25, 2020), https://www.theverge.com/2020/6/25/21303185/twitch-sexual-harassment-assault-permanent-bans-streamers
[2] See Patrick Shanley, Streamer Dr. Disrespect Signs Multiyear Deal to Stay on Twitch, The Hollywood Reporter (March 12, 2020), https://www.hollywoodreporter.com/news/general-news/dr-disrespect-signs-multi-year-deal-stay-twitch-1283878/
[3] See Jacob Kastrenakes, Supra Note 1
[4] See Conor Murray, Dr. Disrespect Controversy: Youtube Reportedly Suspends Monetization After Streamer Admits Sending ‘Inappropriate’ Messages to Minor, Forbes(June 28, 2024), https://www.hollywoodreporter.com/news/general-news/dr-disrespect-signs-multi-year-deal-stay-twitch-1283878/
[5] Id.
[6] Id.
[7] Id.
[8] See Jacob Kastrenakes, Supra Note 1
[9] See Conor Murray, Supra Note 4
[10] Id.
[11] Id.
[12] See Jacob Kastrenakes, Supra Note 1
[13] Id.
[14] See Our Ongoing Work to Combat Online Grooming, Twitch,(November 22, 2022), https://safety.twitch.tv/s/article/Our-Work-to-Combat-Online-Grooming?language=en_US
[15] See Cecilia D’Anastascio, Child Predators Use Twitch to Systematically Track Kids Livestreaming, Bloomberg (September 21, 2022), https://www.bloomberg.com/graphics/2022-twitch-problem-with-child-predators/?sref=P6Q0mxvj&embedded-checkout=true#headline-start
[16] See Levi Winslow, Report: Predators Are Using Twitch ‘Clips’ To Spread Child Abuse, Kotaku(January 5, 2024), https://kotaku.com/twitch-clips-feature-predators-child-abuse-tiktok-1851144631
[17] Id.
[18] See Jacob Knutson, Report: Twitch Feature is Used to Record and Share Child Abuse, Axios(January 5, 2024), https://www.axios.com/2024/01/05/report-twitch-feature-record-and-share-child-abuse
[19] See Nicole Carpenter, Moderators are the Unpaid Backbone of Twitch, Polygon(October 20, 2023), https://www.polygon.com/23922227/twitch-moderators-unpaid-labor-twitchcon-2023
[20] See Donghee Yvette Wohn, Volunteer Moderators in Twitch Micro Communities: How They Get Involved, the Roles They Play, and the Emotional Labor They Experience, CHI ‘19: Proceedings of the 2019 CHI Conference on Human Factors in Computing Systems (2019)
[21] See Cecilia D’Anastacio, Children Stream on Twitch- Where Potential Predators Find Them, Wired (July 30, 2020), https://www.wired.com/story/children-stream-twitch-potential-predators-exploitation/
[22] Id.
[23] See Brendan Sinclair, Twitch Staff call the Company out on Sexual Assault, Racism, more, GamesIndustry.biz(October 8, 2020), https://www.gamesindustry.biz/twitch-staff-call-the-company-out-on-sexual-assault-racism-more
[24] Id.
[25] The Communications Decency Act, 47 USCS § 230 (LexisNexis, 2024)
[26] T.V. v. Grindr, LLC, 2024 U.S. Dist. LEXIS 143777
[27] Sexual exploitation of children,18 USC § 2251 (2008)
[28] See. Eisner v. Meta Platforms, Inc., 2024 U.S. Dist. LEXIS 114725
[29] See United States v. Williams, 553 U.S. 285 (2008).
[30] Jean Fang, The Legal Liabilities of Twitch, Amazon’s Livestreaming Subsidiary, 17 J. Bus. Entrepreneurship and L. 154 (2024).
[31] See How video-sharing platforms (VSPs) protect children from encountering harmful videos, Ofcom(December 14, 2023), https://www.ofcom.org.uk/siteassets/resources/documents/online-safety/information-for-industry/vsp/reports/2023/child-safety/how-video-sharing-platforms-protect-children-from-encountering-harmful-videos/?v=330584
[32] Id.
[33] See Rebecca Ruiz, A ‘predator’ can Easily Target teen Streamers on Twitch, say Researchers, Mashable(October 20, 2023), https://mashable.com/article/twitch-child-safety
[34] Id.
[35] See Emma Roth, Twitch says it’s Getting better at Detecting and Blocking Young Users, The Verge(November 23, 2022), https://www.theverge.com/2022/11/23/23474958/twitch-detecting-blocking-young-users-child-safety
[36]Id.
[37] Paul Tassi, Dr. Disrespect Threatens A Return, Raising Questions Like How And Why, Forbes (August 15, 2024) https://www.forbes.com/sites/paultassi/2024/08/15/dr-disrespect-threatens-a-return-raising-questions-like-how-and-why/
[38] Olivia Richman, Is Dr Disrespect Going to Stream on Kick? Esports Illustrated (August 9, 2024) https://www.si.com/esports/news/is-dr-disrespect-kick
