Streamer MissElektra666, who is facing an indefinite ban after a hot tub stream, is speaking out against Twitch CEO Emmett Shear's weak response to questions regarding inconsistent Twitch policy enforcement.
The four-year Twitch veteran, whose real name is Jenn, received an indefinite ban after she wore a small bikini during the stream.
Twitch appears to be cracking down on what it deems sexually suggestive content. Recently, streamer Qucqo was banned temporarily for her Chun-Li cosplay, with the ban referencing "inappropriate attire." Another streamer, Bridgett, who is known for NSFW conversational topics and risqué attire, recently sustained a ban as well but was confused as to why it happened.
But as it turns out, setting standards for what is acceptable is a hard job. Like the famous Supreme Court ruling on obscenity, Twitch seems to be implying a standard of, "I know it when I see it." Given the ambiguity of the standard, it's no surprise it's causing problems.
Many people, including Shear, recognize the platform's history of inconsistent moderation.
As MissElektra666 notes, Shear speaks about this in the past tense as he claims, "We haven't always been consistent in our enforcement in the past."
In a video, the streamer shows how she reached out to Twitch via Twitter in advance of the stream to find out whether it was permissible under the service's guidelines to wear a micro-bikini in a hot tub on stream. According to her, Twitch never responded.
By its design, the swimsuit showed the skin area beneath the breast. However, there's no indication that alone was the reason for the ban.
(Video contains potentially NSFW content.)
Such content is permissible on other social media platforms such as Instagram. And, while Twitch prohibits "sexually suggestive" content, the rules around what's permissible are ambiguous.
Additionally, in the TwitchCon discussion, Shear shared that streamers receive communication about why they are being punished.
But MissElektra666 claims she followed up with Twitch for clarification on the ban but hasn't received a reply.
This wasn't the streamer's first ban as she told TheGamer she also sustained one for cosplaying while playing Dance Dance Revolution while on stream a month prior. She contacted Twitch to appeal the ban and says she received nothing beyond an automated response.
Twitch's community guidelines regarding sexually suggestive content attempt to identify which physical body areas aren't allowed on the platform.
"Please remember that sexually explicit or suggestive content, such as nudity exposing or focusing on genitals, buttocks, or nipples, and attire intended to be sexually suggestive are prohibited," the policy reads.
The guidelines also note that "we’ve updated our policies to reflect that we will consider not just the attire itself, but also the contextual setting in which it is worn and the intent of the person wearing it."
Twitch has a legal right to moderate in accordance with its broad Terms of Service guidelines. However, the circumstances of this ban are worthy of note.
During the stream, more than a thousand people flocked to her channel and, upon changing her channel to followers-only to prevent trolling, she experienced a flood of reports. The company then suspended her channel, leaving her with an indefinite ban.
Further, she claims that she'd worn the bikini on stream before. She also notes that hot tub streams are generally permissible, which appears to be true.
She compares her stream with body painting streams, which frequently reveal much more than she claims to have shown in her own stream. These streams are permissible under Twitch guidelines. Presumably, this is because body painting is a specific form of creative expression that satisfies Twitch's "intent" requirements.
There's also the broader question of whether even full toplessness should be prohibited at all.
For instance, if Snoop Dogg is allowed to stream himself smoking cannabis because the substance is legal in California, why should it prohibit streamers from showing nipples on stream if they stream from a place where the act is legal, regardless of their gender?
As for what Twitch should do, she suggested mandatory categories similar to Mixer's, which differentiate between "family" content, "18+" content and so on.
She also suggests specific rules for pool and hot tub streams.
"A lot of people are being suspended because the rules for 'sexually suggestive' are different to each person," she told TheGamer. "Therefore, there has to be black and white rules. No 'You can wear what you wear to the beach' as a rule."
Potential rules might include things like "No micro-bikinis," or "No thong bikinis."
"I wear those to the pool, so I did not think it was an issue," she said.
MissElektra666 recognizes she may have pushed boundaries, but notes she has been very careful to prevent instances of "nip slips" and other content violations. Other streamers who have experienced such slip-ups, however accidentally, have been back on the platform within days.
"I have always been careful and even duct-taped everything to make sure nothing like that ever happened," she said.
She also recommends Twitch implement something akin to a @TwitchAnswers account, which streamers could contact if they have questions regarding content standards.
"Considering the message system they have and how long it takes to get a response, how are content creators supposed to know what is exactly allowed?"
TheGamer has reached Twitch's Head of Trust and Safety, Michael Reiter, for comment.