EXPORTING CENSORSHIP: HOW GARM’S ADVERTISING CARTEL

HELPED CORPORATIONS COLLUDE WITH FOREIGN GOVERNMENTS

TO SILENCE AMERICAN SPEECH

Interim Staff Report of the

Committee on the Judiciary

U.S. House of Representatives

June 27, 2025

 EXECUTIVE SUMMARY

The Committee on the Judiciary has jurisdiction over the “[p]rotection of trade and
commerce against unlawful restraints and monopolies.” 1 In exercising oversight of the adequacy
and sufficiency of existing U.S. antitrust laws, the Committee opened an investigation into the
World Federation of Advertisers (WFA) and its Global Alliance for Responsible Media (GARM)
initiative. 2 Through this oversight, the Committee uncovered evidence that some of the world’s
largest companies colluded through GARM to control online content and censor disfavored
speech. 3

The Committee’s oversight revealed the extent to which GARM uses its market power to
act as a cartel. The WFA’s members control roughly 90 percent of all global annual advertising
spending, amounting to almost one trillion dollars. 4 Founded in 2019 as an initiative of the WFA,
GARM served as a so-called “digital safety” initiative composed of over 100 corporate members,
including well-known brands with some of the largest advertising budgets in the world. 5 GARM
was governed by its “Steer Team,” a self-described board of directors that led GARM and
included representatives from the most powerful brands, advertising agencies, and industry
groups, and worked to “effectively reduce the availability and monetization” of online content
GARM unilaterally deemed harmful. 6

After a year-long investigation, the Committee released an initial report in July 2024
detailing GARM’s collusive conduct and the cartel’s actions to restrain the types of content
available to consumers online. 7 Following the release of the Committee’s report, groups harmed
by GARM’s collusive actions filed a lawsuit against the initiative. 8 In August 2024, GARM
announced that it would cease all operations effective immediately. 9

This report presents additional information obtained during the Committee’s investigation
detailing the ways in which GARM has coordinated its efforts with foreign governments to
achieve these goals. Documents and communications produced to the Committee show that:
1
Rules of the House of Representatives R. X (2025).
2
Letter from Rep. Jim Jordan, Chairman, H. Comm. on the Judiciary, to Raja Rajamannar, President, World
Federation of Advertisers, and Robert Rakowitz, Initiative Lead and co-founder, Global Alliance for Responsible
Media (Mar. 22, 2023).
3
Staff of the House Committee on the Judiciary, 118th Cong., GARM’S HARM – HOW THE WORLD’S BIGGEST
BRANDS SEEK TO CONTROL ONLINE SPEECH (2024), (hereinafter “July 2024 GARM Report”).
4
Who We Are, WORLD FEDERATION OF ADVERTISERS (last visited June 16, 2025); see also July 2024 GARM Report,
supra note 3, at 1.
5
Press Release, GARM, Global Alliance for Responsible Media launches to address digital safety (June 18, 2019);
see also July 2024 GARM Report, supra note 3, at 7-8.
6
See July 2024 GARM Report, supra note 3, at 7-8; see also July 2024 GARM Report, supra note 3, at Appendix
10.
7
See generally July 2024 GARM Report, supra note 3; The July report demonstrated that through the collective
power of its members, GARM boycotted Twitter following Elon Musk’s acquisition of the platform, attacked
podcasts such as The Joe Rogan Experience (JRE) for certain discussions related to COVID-19, and even discussed
blacklisting conservative outlets like Breitbart because GARM and its members “hated [Breitbart’s] ideology and
bulls**t.”.
8
See generally X Corp. v. World Fed’n of Advertisers, No. 7:24-cv-00114 (N.D. Tex. filed Aug. 6, 2024); see also
Rumble Inc. v. World Fed’n of Advertisers, No. 7:24-cv-00115 (N.D. Tex. filed Aug. 6, 2024).
9
Press Release, GARM, Statement on the Global Alliance for Responsible Media (GARM) (Aug. 9, 2024).

1
 • GARM colluded with both advertisers and foreign regulators to pressure Twitter 10
to comply with GARM’s demands. Specifically, documents received by the Committee
show that a European bureaucrat told the WFA that advertisers should pressure the
European Commission (EC) “to push Twitter to deliver on GARM asks.” 11 In Australia,
eSafety Commissioner Julie Inman Grant relied on GARM to inform her “engagement
[with Twitter] and regulatory decisions,” 12 highlighting GARM’s “significant collective
power in helping to hold the platforms to account.” 13 In another message on that email
thread, GARM’s Initiative Lead and co-founder, Robert Rakowitz, stated that silencing
President Trump was his “main thing,” likening the President’s rhetoric to a “contagion”
that he must contain “to protect infection overall.” 14

• GARM distributed nonpublic information about Twitter to member companies

knowing that it would lead to boycotts of Twitter. In response to the change in
Twitter’s ownership in October 2022, GARM began providing its members with
information relating to Twitter’s compliance with GARM’s “voluntary” standards. 15 This
information, known as the Platform Adoption Grids, was previously unavailable to
GARM members. 16 GARM knew that if Twitter did not comply with these standards,
GARM members would boycott the platform. 17 In an email, Mr. Rakowitz explicitly
stated that this material was released to GARM’s members in an effort to track Twitter’s
behavior and, if Twitter did not comply with the standards, to encourage GARM’s
members not to advertise on Twitter. 18 Under existing antitrust caselaw, this conduct
could be unlawful as the natural effect of this information sharing would restrain trade,
and the information was intended to compel and coerce Twitter to follow GARM’s
preferred course of action. 19

• GARM prepared coordinated statements for its members urging a boycott of

Twitter. Mr. Rakowitz drafted a statement in which he attempted to directly convey to
GARM’s members that they should not be advertising on Twitter. In an email to WFA
CEO Stephan Loerke explaining the statement, Mr. Rakowitz stated that GARM
“navigated the situation as best as we can in terms of our anticompetitive statues [sic] and
have gone as close as possible” as he could to saying Twitter “is unsafe, cease and
desist.” 20 These actions may constitute a violation of the antitrust laws, as GARM
appears to be directing its members to engage in a coordinated boycott of Twitter or

10
Although Twitter was rebranded as X in 2023, this report refers to the company as Twitter for clarity and
consistency.
11
HJC-WFA-GARM-000113922; see also infra Section II.A.
12
HJC-WFA-GARM-000111209; see also infra Section II.A.
13
HJC-WFA-GARM-000111209, at -212 (emphasis added).
14
HJC-WFA-GARM-000111209, at -210.
15
See infra Section II.B; see also HJC-WFA-GARM-000113922.
16
HJC-WFA-GARM-000113922, at -924.
17
Id.
18
Id.
19
See Eastern States Retail Lumber Dealers' Ass'n v. U.S., 234 U.S. 600, 608-609 (1914). see also Loewe v. Lawlor,
208 U.S. 274, 275 (1908).
20
HJC-WFA-GARM-000114771; see also infra Section II.C.

2
 otherwise signaling to them that withdrawing advertisements from the platform is a
recommended best practice. 21 Under the antitrust laws, individual members of GARM
are free to withhold advertising investment from any entity based on their individual
needs. However, GARM is not within its rights to direct its members to undertake
collective action. 22

• GARM pressured social media companies to remove content despite knowing that
its efforts were unwanted by American consumers. According to GARM’s own
documents, Gallup polling showed that 66 percent of American consumers valued free
expression over protection from harmful content during the same period GARM was
engaging in its coordinated behavior. 23 In spite of that, GARM chose to continue its
efforts to “eliminate all categories of harmful content in the fastest possible timing.” 24

Despite GARM’s dissolution, some of its members continued to engage in collusive

conduct. In September 2024, it was revealed that a new coalition had formed to carry on
GARM’s efforts led by the advertising agency Dentsu—a founding member of GARM—and The
614 Group—an advertising consulting firm that worked closely with GARM throughout its
existence. 25 In a press release announcing the new coalition, Dentsu and The 614 Group stated
that their goal was to “ensure that journalism . . . thrives by leveraging the collective power of
the industry’s foremost players.” 26 Given its striking similarities to GARM, the Committee wrote
to Dentsu requesting documents related to the formation of this new initiative. 27 In response,
Dentsu notified the Committee that it had chosen “not to pursue the initiative . . . and further not
to pursue any other effort with similar aims.” 28

After GARM disbanded, some of its most prominent participants spoke candidly about
the initiative’s conduct and the implications of brand safety more broadly. Gerry D’Angelo, a
former employee of Procter & Gamble and a key member of GARM’s leadership, stated that
“[i]f you were to ask me and say, ‘Did we go too far in those first rounds of exclusionary
restrictions?’ I would say yes.” 29 Notably, advertising agencies are now ending restrictive brand
safety measures because such measures “undermin[ed] [advertisers’] own business objectives by
requiring them to boycott too many websites” and the negative consequences GARM claimed

21
Klor’s, Inc. v. Broadway-Hale Stores, 359 U.S. 207, 210-12 (1959).
22
See Grenada Lumber Co. v. Mississippi, 217 U.S. 433, 440-441 (1910) (“An act harmless when done by one may
become a public wrong when done by many, acting in concert, for it then takes on the form of a conspiracy, and may
be prohibited or punished if the result be hurtful to the public[.]”).
23
HJC-WFA-GARM-000123316, at -317; see also infra Section III.
24
HJC-WFA-GARM-000060610, at -611; see also infra Section II.D.
25
Press Release, Dentsu, Dentsu and The 614 Group Spearhead a New Coalition to Enhance Investment in News
(Sept. 4, 2024); Joe Mandese, Dentsu Unveils Post-GARM Ad Coalition, Backs Credible News Media, MEDIAPOST
(Sept. 5, 2024).
26
Press Release, Dentsu, Dentsu and The 614 Group Spearhead a New Coalition to Enhance Investment in News
(Sept. 4, 2024) (emphasis added).
27
Letter from Rep. Jim Jordan, Chairman, H. Comm. on the Judiciary, to Michael Komasinski, Dentsu Americas
(Oct. 3, 2024).
28
Letter from Susan Zoch, General Counsel Americas, Dentsu, to Rep. Jim Jordan, Chairman, H. Comm. on the
Judiciary (Oct. 17, 2024) (on file with the Committee).
29
Catherine Perloff, Advertisers Retreat From Social Media Policing, THE INFORMATION (Nov. 22, 2024).

3
would happen never actually materialized. 30 GARM’s collusive activity not only hurt consumers
but also GARM’s members who sacrificed opportunities because they were led to believe that
these brand safety precautions were both necessary and beneficial in promoting advertisers’ core
business objectives.

GARM attacked the ability of Americans to access relevant advertisements and online
content under the misguided banner of brand safety, preventing consumer preferences from
driving market outcomes and replacing those preferences with the wishes of an ideologically
motivated cartel. 31 Cartels like GARM undermine American’s civil liberties, limit consumers’
freedom to choose among competing products and services, and deprive consumers of the
benefits of the free market. The Committee will continue to exercise its oversight of the
adequacy and sufficiency of existing U.S. antitrust laws and evaluate potential legislative
reforms by vigorously investigating entities that seek to infringe on American consumers’ civil
liberties and access to free and fair markets.

30
Id (emphasis added).
31
Press Release, Stagwell Inc., Stagwell (STGW) Releases News Advertising Study Revealing It is Safe for Brands
to Advertise Adjacent to Quality News Content Despite Overblown Fears (May 15, 2024); see also Catherine
Perloff, Advertisers Retreat From Social Media Policing, THE INFORMATION (Nov. 22, 2024).

4
 TABLE OF CONTENTS

EXECUTIVE SUMMARY ..................................................................................................................... 1

TABLE OF CONTENTS ....................................................................................................................... 5
I. FOREIGN REGULATIONS AIMED AT CENSORING SPEECH THREATEN AMERICAN CITIZENS ......... 6
II. GARM COLLUDED WITH ADVERTISERS AND FOREIGN REGULATORS TO PRESSURE TWITTER TO
COMPLY WITH ITS DEMANDS. ......................................................................................................... 9
A. GARM coordinated with foreign regulators to pressure Twitter to abide by GARM’s
demands. ................................................................................................................................... 10
B. GARM circulated nonpublic information about Twitter to its members to incentivize
Twitter’s compliance with its demands. .................................................................................... 17
C. GARM drafted statements instructing members not to advertise on Twitter. ................... 21
D. Mr. Rakowitz referred to GARM’s interactions with Twitter as a ‘coup.’ ....................... 23
III. GARM KNEW ITS ACTIONS RAN CONTRARY TO CONSUMER PREFERENCES. ........................... 25
CONCLUSION.................................................................................................................................. 27
APPENDIX ...................................................................................................................................... 29

5
 I. FOREIGN REGULATIONS AIMED AT CENSORING SPEECH THREATEN AMERICAN CITIZENS

In recent years, foreign governments have adopted legislation and created regulatory
regimes in an effort to target and restrict various forms of online speech. Foreign regulators have
even attempted to use their authority to restrict the content that American citizens can view
online while in the United States. 32 In particular, the European Commission (EC) and Australia’s
eSafety Commissioner have taken steps to limit the types of content that Americans are able to
access on social media platforms.

The European Commission

The EC is a “politically independent executive arm” of the European Union (EU) that has
the power to both enforce existing laws and draft new legislative proposals. 33 The EC is
composed of Directorate-Generals (DGs), which are policy departments with jurisdiction over a
specific subject matter or policy area. 34 The EC’s Directorate-General for Communications
Networks, Content and Technology—commonly referred to as DG Connect—is in charge of
regulating the European digital economy, including social media platforms and search engines. 35
Between 2019 and 2024, DG Connect was overseen by European Commissioner Thierry
Breton. 36

In 2022, the European Union enacted the Digital Services Act (DSA), which subjects
“intermediary services,” such as online platforms and search engines, to strict regulatory
obligations. 37 The DSA designates platforms and search engines that serve at least 45 million
monthly users as Very Large Online Platforms (VLOPs) or Very Large Online Search Engines
(VLOSEs). 38 Under the DSA, VLOPs and VLOSEs must “mitigate” vaguely defined “systemic
risks,” including risks related to “disinformation” and alleged “harmful content.” 39 The DSA
authorizes the EC to fine platforms and search engines deemed non-compliant up to 6 percent of
the firm’s annual global revenue. 40 Notably, VLOP and VLOSE designations almost exclusively

32
See infra note 50; see also infra note 57.
33
Overview, EUROPEAN COMMISSION, https://european-union.europa.eu/institutions-law-budget/institutions-and-
bodies/search-all-eu-institutions-and-bodies/european-
commission_en#:~:text=Overview&text=The%20European%20Commission%20is%20the,the%20Council%20of%
20the%20EU (last visited June 16, 2025).
34
Id; Departments and executive agencies, EUROPEAN COMMISSION,
https://commission.europa.eu/about/departments-and-executive-agencies_en (last visited June 16, 2025).
35
Communications Networks, Content and Technology, EUROPEAN COMMISSION,
https://commission.europa.eu/about/departments-and-executive-agencies/communications-networks-content-and-
technology_en (last visited June 16, 2025).
36
Thierry Breton, EUROPEAN COMMISSION, https://commissioners.ec.europa.eu/thierry-breton_en (last visited June
16, 2025).
37
The Digital Services Act, EUROPEAN COMMISSION, https://commission.europa.eu/strategy-and-policy/priorities-
2019-2024/europe-fit-digital-age/digital-services-act_en (last visited June 16, 2025).
38
DSA: Very Large Online Platforms and Search Engines, EUROPEAN COMMISSION, https://digital-
strategy.ec.europa.eu/en/policies/dsa-vlops (last visited June 16, 2025).
39
Id; see also Questions and answers on the Digital Services Act, EUROPEAN COMMISSION (Feb. 22, 2024).
40
Questions and answers on the Digital Services Act, EUROPEAN COMMISSION (Feb. 22, 2024) (“The Commission
has the same supervisory powers as it has under current anti-trust rules, including investigatory powers and the
ability to impose fines of up to 6% of global revenue.”).

6
apply to American companies such as Meta, Twitter, Amazon, and Alphabet/YouTube, along
with many other recognizable American firms. 41

Given the EC’s ability to impose massive penalties through its enforcement powers,
European regulations, like the DSA, incentivize social media platforms to shift their moderation
policies to align more closely with the preferences and directives of European regulators. 42
Vague, overly burdensome regulations targeted at so-called “systemic risks” create an
environment in which platforms are more likely to remove or demote lawful content to avoid
potential fines. 43 The ability of European regulations to exert extraterritorial influence over
American companies and consumers in this manner is often referred to as the “Brussels
Effect.” 44

Similarly, the EU’s Digital Markets Act (DMA) is another law that European regulators
use to pressure American companies to change their behavior. Under the DMA, the EC has the
power to designate companies that provide certain “core platform services” as “gatekeepers,”
subjecting them to strict regulatory obligations and hefty fines for noncompliance. 45 Rather than
taking an American-style approach to antitrust enforcement aimed at addressing behavior based
on evidence of its effect on competition, the DMA adopts a more burdensome approach that
prohibits entire categories of conduct outright without regard to whether that conduct is actually
anticompetitive. 46 Scholars have already raised concerns about the DMA’s framework, noting
that it could stifle innovation, increase prices for businesses that use digital services, and
ultimately enable Chinese-owned firms to seize a larger share of the European market. 47 Notably,
six of the seven companies that the EC has designated as gatekeepers are American-owned
businesses or subsidiaries of American-owned businesses. 48 Given that fines under the DMA can
reach as high as 20 percent of a company’s global annual revenue, the DMA is a powerful tool
that European regulators can use to pressure American businesses to submit to their demands.

41
Supervision of the designated very large online platforms and search engines under DSA, EUROPEAN COMMISSION
(May 27, 2025).
42
See, e.g., Dawn Carla Nunziato, The Digital Services Act and the Brussels Effect on Platform Content
Moderation, 24 CHIC. J. INT. LAW 115 (2023) (“In short, the DSA’s substantive content moderation and notice and
take down provisions will likely incentivize the platforms to remove large swaths of content… And the platforms
will likely alter their globally applicable terms of service and content moderation guidelines in response to the
DSA’s mandates in ways that will be speech-restrictive worldwide.”).
43
Id.
44
Anu Bradford, The Brussels Effect, 107 Nw. U. L. Rev. 1 (2015),
https://scholarlycommons.law.northwestern.edu/nulr/vol107/iss1/1.
45
About the Digital Markets Act, EUROPEAN COMMISSION, https://digital-markets-act.ec.europa.eu/about-dma_en
(last visited June 16, 2025) (“Gatekeepers are large digital platforms providing so called core platform services, such
as online search engines, app stores, messenger services.”).
46
About the Digital Markets Act, EUROPEAN COMMISSION, https://digital-markets-act.ec.europa.eu/about-dma_en
(last visited June 16, 2025).
47
Kati Suominen, Implications of the European Union’s Digital Regulations on U.S. and EU Economic and
Strategic Interests, CENTER FOR STRATEGIC & INTERNATIONAL STUDIES (Nov. 22, 2022).
48
Gatekeepers, EUROPEAN COMMISSION, https://digital-markets-act.ec.europa.eu/gatekeepers_en (last visited June
16, 2025).

7
 European regulators have sought to weaponize their statutory authority to limit the speech
of American citizens. 49 In August 2024, for example, then-Commissioner Breton threatened
Twitter with potential DSA enforcement due to a scheduled discussion with President Donald
Trump relating to the U.S. presidential election. 50 In a letter to Twitter CEO Elon Musk, Mr.
Breton said the discussion had the potential to contain content that “may incite violence, hate and
racism,” and could result in “spillovers in the EU,” requiring action from European regulators. 51
Mr. Breton threatened Mr. Musk that the EC “will not hesitate to make full use” of its extensive
regulatory “toolbox” if Mr. Musk failed to comply with Mr. Breton’s demand. 52

Australia’s eSafety Commissioner

Australia has also passed laws attempting to regulate online speech. In 2015, the
Australian Parliament passed the Enhancing Online Safety for Children Act. 53 Among other
things, the law established Australia’s eSafety Commissioner and gave the Commissioner
authority to demand the removal of certain types of content from social media platforms. 54 In
2021, the Australian Parliament expanded the law to broaden the power of the Commissioner,
encompass a wider range of allegedly “harmful” content (including “offensive” and “harassing”
content), and extend the scope of the law to all Australian adults. 55 Under the new Online Safety
Act, the Commissioner is empowered to “regulate illegal and restricted content no matter where
it’s hosted.” 56 Australia’s current eSafety Commissioner, Julie Inman Grant, has used the law to
regulate so-called “harmful” content and demand that social media platforms remove content
globally, including content that would otherwise be accessible to American citizens in the United
States. 57

In particular, Commissioner Grant has engaged in an aggressive regulatory campaign

against Twitter. In April 2024, Commissioner Grant ordered Twitter to remove certain content
from its platform, including content surrounding the stabbing of an Australian bishop. 58 In
response to this order, Twitter blocked the content from being shown to its Australian users. 59
However, Commissioner Grant demanded that Twitter block the content from being shown to all
Twitter users globally, a position that even the victim of the attack opposed. 60 Ultimately, an
49
See e.g., Letter from Jim Jordan, Chairman, H. Comm. on the Judiciary, to Thierry Breton, Comm’r for Internal
Market, European Comm’n (Aug. 15, 2024).
50
Thierry Breton (@ThierryBreton), X (Aug. 12, 2024, 12:25 PM),
https://x.com/ThierryBreton/status/1823033048109367549.
51
Id.
52
Id.
53
See generally Enhancing Online Safety for Children Act 2015 (No. 24, 2015).
54
Id.
55
See generally Online Safety Act 2021 (No. 76, 2021); Learn About the Online Safety Act, AUSTRALIAN
GOVERNMENT | ESAFETY COMMISSIONER, https://www.esafety.gov.au/newsroom/whats-on/online-safety-act (last
visited June 16, 2025).
56
Learn About the Online Safety Act, AUSTRALIAN GOVERNMENT | ESAFETY COMMISSIONER,
https://www.esafety.gov.au/newsroom/whats-on/online-safety-act (last visited June 16, 2025) (emphasis added).
57
X Global Government Affairs (@GlobalAffairs), X (Apr. 19, 2024, 11:20 AM),
https://x.com/GlobalAffairs/status/1781342060668174707.
58
Id.
59
Id.
60
Id; Josh Taylor, Bishop will argue video of his Sydney church stabbing should not be removed from Elon Musk’s X,
court hears, THE GUARDIAN (Apr. 24, 2024).

8
Australian court ruled against Commissioner Grant and her request to keep the material blocked
from all Twitter users. 61 During the course of the proceedings, Twitter argued that global take-
down requests set a dangerous precedent whereby one country’s regulators can dictate what
citizens of another country are allowed to view online. 62

II. GARM COLLUDED WITH ADVERTISERS AND FOREIGN REGULATORS TO PRESSURE

TWITTER TO COMPLY WITH ITS DEMANDS.

The Committee’s initial report found that at GARM’s direction, large advertisers
collectively boycotted Twitter following Elon Musk’s acquisition of the platform. 63
Contemporaneous documents obtained by the Committee showed that Mr. Rakowitz took credit
for Twitter’s subsequent decline in revenue following the acquisition. 64 GARM’s influence was
so strong that one of its members asked GARM for permission to return its advertisements to
Twitter. 65

As noted in the Committee’s initial report, Mr. Rakowitz denied organizing a boycott of
Twitter. 66 However, additional documents obtained by the Committee reveal GARM’s role in
facilitating a boycott by disseminating nonpublic information about Twitter that GARM knew
would trigger the boycott. 67 The information was disseminated by GARM as part of a broader
effort to force Twitter to comply with GARM’s censorship demands. 68 The information was not
otherwise available to GARM’s members and was shared in direct response to Mr. Musk’s
acquisition of Twitter. 69

In addition to providing nonpublic information to its members to initiate a boycott,

GARM coordinated with foreign regulators to further pressure Twitter into complying with its
demands. 70 Specifically, GARM coordinated with the EC’s Head of Unit for Digital Services and
Platforms, Prabhat Agarwal, and Australia’s eSafety Commissioner, Julie Inman Grant. 71 Mr.
Agarwal works for DG Connect and is responsible for enforcing the DSA. 72 At the time, Mr.
Agarwal reported to Commissioner Breton, 73 and Commissioner Grant was Australia’s primary

61
Sumathi Bala, Musk’s X wins court reprieve in fight against Australian government over church stabbing videos,
CNBC (May 13, 2024).
62
Id.
63
See July 2024 GARM Report, supra note 3, at 12-17.
64
See July 2024 GARM Report, supra note 3, at 16.
65
See July 2024 GARM Report, supra note 3, at 12-13 (“Based on [GARM’s] recommendations, we have stopped
all paid advertisement [sic] [on Twitter] … But its [sic] an important platform for us to reach our audience, so we
would like to consider going back, we just need to know whether or not the platform is safe[.]”).
66
See July 2024 GARM Report, supra note 3, at 13.
67
See infra Section II.B.
68
Id.
69
Id.
70
See infra Section II.A.
71
Id; see also HJC-WFA-GARM-000113922; see also HJC-WFA-GARM-000111209.
72
Prabhat Agarwal, RE:PUBLICA 25, https://re-publica.com/en/user/20106 (last visited June 16, 2025).
73
European Commission, supra note 36.

9
online safety regulator tasked with protecting Australians from the alleged dangers of so-called
“online harm.” 74

GARM’s collusive conduct may constitute a violation of U.S. antitrust law. Section 1 of
the Sherman Act makes unreasonable restraints of trade illegal and punishable through both civil
and criminal penalties. 75 The caselaw is clear that agreements to limit consumer choice and
restrict output, including group boycotts, serve as unreasonable restraints of trade. 76 The
Supreme Court has held that collectively utilizing market power to compel or coerce concessions
from a third party is illegal and constitutes an unlawful restraint in violation of the Sherman
Act. 77 In fact, the Supreme Court has held that even the circulation of material that has the
natural effect of restraining trade is illegal, 78 explaining that “[c]onspiracies are seldom capable
of proof by direct testimony, and a conspiracy to accomplish that which is their natural
consequence may be inferred from the things actually done.” 79

An inference of collusive conduct can be drawn from GARM’s actions. GARM’s

founder, Mr. Rakowitz, wrote that GARM was focused on “ensuring that we fund the voices we
want to associate with, and close down the advertising ecosystem to bad actors.” 80 Mr. Rakowitz
stated that he intended to trigger a boycott of Twitter by releasing confidential information to
GARM members in email communications with WFA leadership, 81 and a GARM member
memorialized the boycott in writing. 82 Documents show that Mr. Rakowitz went as far as to draft
a statement instructing GARM’s members to “cease and desist” advertising on Twitter. 83 These
actions demonstrate GARM’s efforts to limit consumers’ ability to choose from a diverse
offering of products and reduce the quality of the products already available to them. The
implicit agreements made by GARM and its members were intended to force Twitter to serve
GARM instead of its consumers and to prevent Twitter from offering consumers a platform
dedicated to free speech and expression.

A. GARM coordinated with foreign regulators to pressure Twitter to abide by GARM’s

demands.

GARM coordinated its efforts to target Twitter with foreign regulators working to stifle
free speech outside their own borders. Documents obtained by the Committee show that GARM
colluded with the European Commission (EC) and Australia’s eSafety Commissioner in an effort

74
What We Do, AUSTRALIAN GOVERNMENT | ESAFETY COMMISSIONER, https://www.esafety.gov.au/about-us/what-
we-do (last visited June 16, 2025).
75
15 U.S.C. § 1.
76
FTC v. Indiana Fed'n of Dentists, 476 U.S. 447, 459 (1986) (“The Federation's policy takes the form of a
horizontal agreement among the participating dentists to withhold from their customers a particular service that they
desire”); NCAA v. Board of Regents of University of Oklahoma, 468 U.S. 85, 113 (1984); Klor’s, Inc. v. Broadway-
Hale Stores, 359 U.S. 207, 210-12 (1959); Loewe v. Lawlor, 208 U.S. 274 (1908).
77
See Eastern States Retail Lumber Dealers' Ass'n v. U.S., 234 U.S. 600, 608-609 (1914). See also Loewe v. Lawlor,
208 U.S. 274, 275 (1908).
78
See Eastern States Retail Lumber Dealers' Ass'n v. U.S., 234 U.S. 600, 609 (1914).
79
Eastern States Retail Lumber Dealers' Ass'n v. U.S., 234 U.S. 600, 612 (1914).
80
See July 2024 GARM Report, supra note 3, at Appendix 37.
81
HJC-WFA-GARM-000113922, at -924.
82
See July 2024 GARM Report, supra note 3, at 12-13.
83
See infra Section II.C; HJC-WFA-GARM-000114771.

10
to force Twitter to comply with GARM’s demands. Specifically, these documents suggest that an
EC bureaucrat encouraged representatives of the WFA—the organization that runs GARM—to
engage with the broader Commission and push it to raise GARM’s demands in the Commission’s
interactions with Twitter. 84 In addition, GARM worked with the Australian eSafety
Commissioner to coordinate their responses to the acquisition of Twitter, with Commissioner
Grant specifically highlighting GARM’s ability to collectively influence Twitter and other social
media platforms. 85 These interactions provide evidence of how GARM used the collective power
and influence of its members to attempt to transform its “voluntary” standards into compulsory
obligations.

The European Commission

On November 1, 2022, less than one week after Mr. Musk acquired Twitter, Mr.
Rakowitz emailed WFA leadership to outline how GARM’s Steer Team would respond to the
transaction. 86 In reply to that email, one of WFA’s employees noted that Mr. Agarwal, an EC
bureaucrat, had said that GARM’s viewpoints about the acquisition “would be a priority for his
teams,” 87 and that this coordination with European regulators was “a real testament to how much
[the EC] value[s] our expertise and collaboration.” 88

Documents obtained by the Committee show that representatives of the WFA spoke with
Mr. Agarwal about the ways in which GARM’s standards and demands could be included in the
EC’s separate interactions with Twitter. In one email, a WFA employee wrote that Mr. Agarwal
was “aware that Twitter’s brand safety teams are changing and there could be opportunity, as the
Commission engages with Twitter themselves in the context of [the] DSA, for us to encourage
the EC to push Twitter to deliver on GARM asks.” 89 The WFA employee suggested that once
GARM’s plan relating to the acquisition was finalized, GARM should contact Mr. Agarwal to
convey the group’s “key messages” to the EC. 90

In response, WFA’s CEO Stephan Loerke wrote that it is “[g]reat to have the EU
Commission on our side.” 91 Mr. Rakowitz responded, “LOVE THIS. I am so happy to be firing
on all pistons.” 92 At the least, these communications reflect a partnership between GARM and
European regulators to demand that Mr. Musk and Twitter take a GARM-endorsed course of
action. Such a coordinated approach toward Twitter shows how GARM sought to use its
influence and collective power to transform GARM’s “voluntary” guidance into mandatory
standards.

84
See generally HJC-WFA-GARM-000113922.
85
See generally HJC-WFA-GARM-000111209.
86
HJC-WFA-GARM-000113922, at -924.
87
HJC-WFA-GARM-000113922.
88
Id.
89
Id.
90
HJC-WFA-GARM-000113922, at -923.
91
HJC-WFA-GARM-000113922.
92
Id.

11
 Email from a WFA employee memorializing the group’s coordination with the European
Commission. 93

Australia’s eSafety Commissioner

In Australia, GARM coordinated with Commissioner Grant to identify areas in which

they could align their responses to Mr. Musk’s acquisition of Twitter. In November 2022, Mr.
Rakowitz contacted Commissioner Grant to discuss a list of questions he had sent to Twitter. 94
Mr. Rakowitz’s initial email suggests he sought Commissioner Grant’s input and intended to
keep her informed of GARM’s interactions with Twitter. 95 In her response, Commissioner Grant
expressed support for a social media post by Mr. Rakowitz, apparently a reference to a post that

93
HJC-WFA-GARM-000113922, at -922-923.
94
HJC-WFA-GARM-000111209, at -213.
95
Id.

12
GARM “expect[ed] Twitter to uphold its commitments to GARM.” 96 The post was issued on
behalf of GARM and tagged every member of GARM’s Steer Team. 97

Robert Rakowitz LinkedIn post calling on Twitter to uphold its commitments to GARM. 98

Commissioner Grant expressed her support for GARM’s coordinated statement, writing,
“I believe GARM has significant collective power in helping to hold the platforms to account.” 99

96
HJC-WFA-GARM-000111209, at -212; Robert Rakowitz, LinkedIn,
https://www.linkedin.com/posts/rnrakowitz_brandsafety-twitter-activity-6992829059755843584-LHo-
?utm_source=share&utm_medium=member_desktop (last visited June 16, 2025).
97
Robert Rakowitz, LinkedIn (last visited June 16, 2025).
98
Id.
99
HJC-WFA-GARM-000111209, at -212 (emphasis added).

13
 Email from Commissioner Grant noting GARM’s significant collective power. 100

In response to Commissioner Grant’s message, Mr. Rakowitz informed her of GARM’s

plans to pressure Mr. Musk and force him to submit to the group’s demands. 101 Mr. Rakowitz
emailed the specifics of the plans to Commissioner Grant and warned her, “I am sharing the
attached in confidence with you. There is an ongoing major intervention.” 102 Mr. Rakowitz wrote
that it “would be good to cross-check [GARM’s plans] and see how they line up with you” and
“would be great to line up together around a shared agenda.” 103 Commissioner Grant responded
that she would review GARM’s plans and was “open to discussing vectors for mutual
support.” 104

100
HJC-WFA-GARM-000111209, at -212.
101
HJC-WFA-GARM-000111209, at -211.
102
Id.
103
Id.
104
HJC-WFA-GARM-000111209, at -210.

14
 Email from Commissioner Grant expressing her openness to coordinating with GARM. 105

A couple days later, Commissioner Grant emailed Mr. Rakowitz again, requesting that
GARM share information with her that could inform her regulatory decisions in Australia,
writing that GARM “ha[s] some very powerful levers at [its] disposal. We would be grateful if
GARM can keep us updated on how Twitter responds and share any information, so we can take
into account in our engagement and regulatory decisions.” 106 This interaction with a foreign
regulator is concerning in that Commissioner Grant not only emphasizes the collective power of
GARM’s members and the collusive nature of its plan, but also asks GARM to provide her with
otherwise nonpublic information for her to use in her regulatory decisions. As discussed above,
Commissioner Grant’s regulatory decisions include extra-jurisdictional takedown orders that
make content unavailable to all users of the Twitter platform globally. 107

105
HJC-WFA-GARM-000111209, at -210-211.
106
HJC-WFA-GARM-000111209 (emphasis added).
107
X Global Government Affairs, supra note 57.

15
 Email from Commissioner Grant requesting that GARM provide her with information she will
then use to inform her regulatory decisions regarding Twitter. 108

GARM’s own documents show that its communication with Commissioner Grant did not
stop at brand safety coordination, but that GARM also expressed a desire to make censorship
decisions to stop President Trump and the “contagion” that he represents. In the same email
discussion with Commissioner Grant from November 2022, Mr. Rakowitz wrote to
Commissioner Grant: “My main thing is I need to see Trump and denials effectively sidelined
but I am afraid the contagion is too widespread to protect infection overall.” 109 In other words,
one of Mr. Rakowitz’s primary motivations following the 2022 U.S. midterm elections was to
use GARM’s collective power to “sideline” President Trump and silence First Amendment-
protected speech activities of Americans who shared his views. In response, Commissioner Grant
agreed with Mr. Rakowitz’s motivation, writing that “America is not the country of promise I
grew up in or left 22 years ago.” 110 Commissioner Grant added that she was saddened by “the
violence that permeates discourse-in [sic] the name of free speech – not to mention the more
obvious Second Amendment.” 111

108
HJC-WFA-GARM-000111209.
109
HJC-WFA-GARM-000111209, at -210.
110
HJC-WFA-GARM-000111209.
111
Id.

16
 Email from Commissioner Grant disparaging the United States, the Second Amendment,
and free speech protections. 112

B. GARM circulated nonpublic information about Twitter to its members to incentivize

Twitter’s compliance with its demands.

Following Twitter’s change of ownership, GARM sought to ensure the platform

maintained its commitment to GARM and the censorial standards agreed to by Twitter prior to its
change in ownership. This position was publicly outlined in a GARM press release as well as a
social media post by Mr. Rakowitz, which both called for Twitter to “uphold existing
commitments” to GARM. 113 In practice, those commitments would have forced Twitter to
engage in censorship and limit free expression in a way that was antithetical to the new vision for
the platform. 114 The Committee’s initial report detailed several examples of how GARM
expected online platforms to restrict online content to meet GARM’s expectations, including
censoring disfavored news outlets and podcasts as well as branding President Trump’s
Constitutionally protected political speech as misinformation. 115 The Committee cited documents
showing that Mr. Rakowitz believed that one platform’s decision not to label President Trump’s

112
Id.
113
Press Release, GARM, GARM Calls on Twitter to uphold existing commitments on brand safety and deepen
future collaboration (Oct. 31, 2022); Rakowitz, supra note 96.
114
See infra Section II.B; see also infra note 117.
115
See July 2024 GARM Report, supra note 3, at Sections II.C, II.B, II.D.

17
campaign advertisements as misinformation was “honestly reprehensible.” 116 Given the desire
following Twitter’s change in leadership to reorient the platform around the principle of free
expression, GARM’s demands for censorship or the demotion of disfavored content would
restrict the company’s ability to meet this new vision. 117

To ensure Twitter remained compliant with the previous leadership’s commitments,

GARM created a plan that would force Twitter to uphold the requirements or risk boycotts by
some of the world’s largest advertisers. 118 Documents obtained by the Committee demonstrate
that GARM’s goal was to force Twitter into taking GARM’s preferred course of action. 119 Mr.
Rakowitz noted specifically that the plan was intended to issue Twitter “punchy requests” to
“ensure they are upholding commitments” to GARM. 120 GARM communicated this plan with
both EU and Australian regulators. 121

In an email to WFA CEO Stephan Loerke and other WFA employees, Mr. Rakowitz
offered details about GARM’s plan for Twitter. 122 In that email, Mr. Rakowitz attached a slide
deck that highlighted the group’s concerns with the company, explained the intricacies of the
plan, and outlined an upcoming meeting between Twitter leaders and the WFA Executive
Committee (GARM’s governing body) on December 1, 2022. 123 GARM’s first step of its three-
part plan involved surveying advertisers to gauge their attitude about the recent acquisition of
Twitter. 124 As discussed in the Committee’s initial report, GARM later presented these survey
results to Twitter. 125 Step two of GARM’s plan involved monitoring content that was posted on
Twitter—or what GARM called “social listening.” 126 Step three involved GARM distributing
documents to its membership, which tracked how closely each social media platform adhered to
GARM’s brand safety requirements. 127 Known as the Platform Adoption Grids or
Implementation Grids, these documents served as a means for GARM to communicate Twitter’s
lack of compliance with its standards to its members. 128 These Adoption Grids were posted to a
private section of the WFA website easily accessible to GARM’s members but unavailable to the
general public. 129

116
See July 2024 GARM Report, supra note 3, at 29.
117
Rachel Lerman, Elon Musk says he has backup plan to buy Twitter in TED interview, THE WASHINGTON POST
(April 14, 2022) (“‘Well I think it’s very important for there to be an inclusive arena for free speech,’ Musk said,
echoing statements he has made over the past couple weeks. ‘Twitter has become kind of the de facto town square,
so it’s just really important that people have the, both the reality and the perception that they are able to speak freely
within the bounds of the law.’”).
118
See generally HJC-WFA-GARM-000114314, at -316.
119
HJC-WFA-GARM-000113799.
120
Id.
121
HJC-WFA-GARM-000113922; HJC-WFA-GARM-000111209.
122
HJC-WFA-GARM-000113922, at -924.
123
See generally HJC-WFA-GARM-000114314.
124
HJC-WFA-GARM-000114314, at -316.
125
See July 2024 GARM Report, supra note 3, at 14.
126
HJC-WFA-GARM-000114314, at -316.
127
Id.
128
HJC-WFA-GARM-000113922, at -924.
129
Delaney Goodwin, Platform Adoption Grids, December 2023, WORLD FEDERATION OF ADVERTISERS (Dec. 15,
2023).

18
 The slide deck also explained how GARM intended to confront Twitter executives during
their December 1 meeting. Notably, the deck included as a topic of discussion Mr. Musk
allegedly “[r]elitigating industry standards” by rededicating the platform to free speech. 130 More
specifically, Mr. Rakowitz wrote that Mr. Musk was proposing a “[n]ew narrative on free speech
v hate speech” that “needs to be addressed as a slip away from Common Definitions.” 131 Mr.
Rakowitz elaborated that Twitter “can’t have new terms that reinvent trust & safety.” 132 As
explained in the Committee’s initial report, “Common Definitions” is GARM’s uniform manner
of categorizing online content. 133 In preparing for the Twitter meeting, Mr. Rakowitz wrote that
Mr. Musk “can’t have new terms” and must continue to adhere to the manner in which GARM
defines content—a prescriptive approach that did not value free expression. 134 Documents such
as these suggest a desire among the powerful advertisers of GARM to undermine Twitter’s
reorientation toward free speech and instead require the platform to be governed according to
their own “industry standards.” 135 GARM’s plan was clear—Twitter was proposing changes that
GARM did not approve, and GARM would take action to stop them.

During his transcribed interview with the Committee, Mr. Rakowitz repeatedly stated that
GARM’s actions were solely intended to provide its members with transparency to aid in their
individual decision-making. 136 However, documents obtained by the Committee suggest that
GARM played a significantly more active role in pressuring Twitter to comply with its demands
than Mr. Rakowitz acknowledged. 137 Documents show that Mr. Rakowitz knew the information
distributed to GARM members would spur a boycott of the platform if Twitter did not accede to
GARM’s demands. 138 GARM tracked Twitter’s, and other social media platforms’, adoption of
GARM’s standards through a system known as the Platform Adoption Grids, commonly referred
to as the Implementation Grids. 139 These Platform Adoption Grids would provide advertisers
with a snapshot showing how closely social media platforms were adhering to GARM’s
standards at a specific point in time. 140 Documents obtained by the Committee show that this
previously confidential information was made available to all GARM members only after Mr.
Musk acquired Twitter and was a direct response to that acquisition. 141

Internal GARM documents suggest that these Platform Adoption Grids were intended to
be used as a pretext for boycotting Twitter if the platform did not uphold GARM’s standards. 142
While discussing these grids with WFA leadership, Mr. Rakowitz wrote that GARM is “going to
make the implementation grids . . . go public [to GARM members] ahead of the meeting [with
Twitter] . . . This way it’s not singling Twitter out, but we know where eyes will be. Any moves

130
HJC-WFA-GARM-000114314, at -317.
131
Id.
132
Id.
133
See July 2024 GARM Report, supra note 3, at 10.
134
HJC-WFA-GARM-000114314, at -317.
135
See, e.g., HJC-WFA-GARM-000114314, at -316-317.
136
See July 2024 GARM Report, supra note 3, at Appendix 272, lines 11-13.
137
See, e.g., HJC-WFA-GARM-000114314, at -316-317.
138
HJC-WFA-GARM-000113922, at -924.
139
HJC-WFA-GARM-000014893.
140
HJC-WFA-GARM-000014893, at -896.
141
HJC-WFA-GARM-000113922, at -924.
142
Id.

19
by Twitter forward or backward . . . will be visible and highlighted in updates.” 143 In the slide
deck outlining GARM’s engagement plan with Twitter, Mr. Rakowitz explicitly wrote that
GARM planned to “make public existing GARM Platform Implementation Grids to monitor
Twitter’s upholding of key obligations.” 144

Email from Mr. Rakowitz outlining GARM’s plans to compel Twitter to comply with its
demands, as well as his plan to collude with WPP. 145

Mr. Rakowitz even provided a hypothetical scenario of how advertisers could act if
Twitter did not uphold its commitments to GARM. 146 Mr. Rakowitz wrote that advertisers could
communicate to Twitter, “Hey man, we agree[d] [to] the standards together, I monitor your
progress, it’s not my decision to move [advertising] spend.” 147 These documents demonstrate
that GARM distributed the previously unavailable Platform Adoption Grids with the
knowledge—and perhaps expectation—that GARM members would boycott Twitter if Twitter

143
Id.
144
HJC-WFA-GARM-000114314, at -316.
145
HJC-WFA-GARM-000113922, at -923-924.
146
HJC-WFA-GARM-000113922, at -924.
147
Id.

20
did not meet GARM’s standards. This conduct may violate the Sherman Act, in that the
information disseminated to GARM’s members appears to be specifically intended to spur a
boycott and pressure Twitter into maintaining practices favorable to GARM.

GARM colluded with some of its most powerful members to generate a pressure
campaign on Twitter. Shortly after the Twitter acquisition and in an effort to alleviate the
concerns of the advertising industry, Twitter executives met with brands and agencies to discuss
the company’s new vision for the platform. One such meeting occurred between Twitter and
WPP, the world’s largest advertising and public relations agency by revenue. 148 Colloquially, the
six largest advertising and public relations agencies by revenue are known as the Big Six, and
WPP is the largest agency of the six. 149 WPP also owns the U.S.-based advertising investment
firm, GroupM—formerly a GARM Steer Team representative and founding member of the
group. 150 Notable WPP clients include Adidas, Coca-Cola, Dell, Mars, Procter & Gamble, Shell,
Sony, and Nestlé—all of whom were formerly members of GARM. 151

In advance of the meeting between WPP and Twitter, Mr. Rakowitz worked closely with
WPP to ensure Mr. Musk received the message that his platform must comply with GARM’s
demands. Mr. Rakowitz directed WPP to urge Twitter to comply with GARM’s standards,
instructing WPP to “point Twitter and Musk to GARM, and [WPP] agreed.” 152 In documents
obtained by the Committee, Mr. Rakowitz claimed that he would be “slipping in the backdoor”
of the meeting between WPP and Twitter. 153 Mr. Rakowitz even acknowledged his presence was
inappropriate—because he is not a client nor affiliated with WPP—and he advised other Steer
Team members, “don’t ask, don’t tell” regarding his presence at the meeting. 154

C. GARM drafted statements instructing members not to advertise on Twitter.

Documents produced to the Committee also show that GARM drafted statements and
guidance to members that amount to a call for a boycott of Twitter. Less than two weeks after
Mr. Musk officially acquired Twitter, Mr. Rakowitz wrote to WFA CEO Stephan Loerke, stating,
“I’ve crafted a message that needs to be posted ASAP and distributed. I have navigated the
situation as best as we can in terms of our anticompetitive statues [sic] and have gone as close as
possible as we can to saying ‘[Twitter] is unsafe, cease and desist.’” 155

148
Agency Holding Companies: A Visual Mapping, ESKIMI (May 15, 2024).
149
Id.
150
Our Brands, WPP, https://www.wpp.com/en/about/our-brands (last visited June 16, 2025).
151
WPP Network, WINMO, https://www.winmo.com/the-list-of-agencies-in-the-wpp-network/ (last visited June 16,
2025).
152
HJC-WFA-GARM-000113922, at -924.
153
HJC-WFA-GARM-000113922, at -923.
154
Id.
155
HJC-WFA-GARM-000114771.

21
Email from Mr. Rakowitz claiming that he has drafted a message to GARM members, in which he
has ‘gone as close as possible’ to instructing them not to advertise on Twitter. 156

Although it is unclear whether this statement was ever transmitted or communicated to

GARM members, it underscores GARM’s internal desire to use the collective power of its
membership to facilitate the boycott of Twitter in potential violation of U.S. antitrust law. The
cease-and-desist instruction, combined with the dissemination of previously unavailable
information to GARM members, strongly suggests a desire by GARM to spur a boycott of
advertising on Twitter.

156
Id.

22
D. Mr. Rakowitz referred to GARM’s interactions with Twitter as a ‘coup.’

Following the December 1, 2022, meeting between the WFA Executive Committee and
Twitter, GARM allegedly worked with Twitter to create an “Acceleration Agenda.” 157 During his
transcribed interview with the Committee, Mr. Rakowitz testified that an Acceleration Agenda
was “a term that [GARM] used sometimes when platforms have or members have decided to
take on voluntary action.” 158

Contrary to Mr. Rakowitz’s claim that an Acceleration Agenda is the result of a voluntary
decision by a platform, documents obtained by the Committee suggest that Acceleration Agendas
are created by GARM to pressure social media platforms and force them to adopt a specific set
of GARM-preferred policies. 159 GARM has historically used Acceleration Agendas to force
platforms to make changes to their business to further GARM’s goals. 160 For example, in July
2020, the GARM Governors—executives from Procter & Gamble, Mastercard, the Association
of National Advertisers, and WFA—collectively sent a letter to top executives at Twitter,
Facebook, and Google. 161 The letter stated, “We are accelerating industry efforts to eliminate
hateful, denigrating, and discriminatory content as it requires the highest level of priority,
investment, and urgency.” 162 The Governors went on to say that “this accelerated effort is part of
our broader objective to work with you to eliminate all categories of harmful content in the
fastest possible timing in order to have a safe, productive, and useful media ecosystem for the
people we serve.” 163

Other documents detail how GARM’s use of Acceleration Agendas amounted to a drastic
escalation of its approach toward social media platforms. In September 2020, a Facebook
executive contacted the GARM Steer Team to convey to the group that GARM’s approach,
known as uncommon collaboration, “has shifted to be much more towards demands being placed
on the platform.” 164 As discussed in the Committee’s initial report, “uncommon collaboration”
was GARM’s rallying cry, and involved “putting aside competitive concerns in the interest of
safety.” 165 This Facebook executive noted that the collaborative effort GARM was founded to
pursue has simply turned into advertisers demanding that social media platforms adhere to the
advertisers’ preferred standards. 166 The Facebook executive highlighted reporting from the

157
Press release, GARM, Twitter announces its acceleration agenda with GARM to answer brand safety needs (Dec.
19, 2022).
158
See July 2024 GARM Report, supra note 3, at Appendix 283, lines 17-22.
159
See generally HJC-WFA-GARM-000060610.
160
See July 2024 GARM Report, supra note 3, at Appendix 95.
161
HJC-WFA-GARM-000060610; At the time, the GARM Governors included:
Marc Pritchard: Chief Brand Officer, Procter & Gamble; Chairman, ANA Growth Council.
Raja Rajamannar: Chief Marketing and Communications Officer, Mastercard; President, WFA.
Bob Liodice: Chief Executive Officer, Association of National Advertisers (ANA).
Stephan Loerke: Chief Executive Officer, WFA.
162
HJC-WFA-GARM-000060610, at -611.
163
Id.
164
HJC-WFA-GARM-000022453, at -454.
165
See July 2024 GARM Report, supra note 3, at 10.
166
HJC-WFA-GARM-000022453, at -454.

23
Financial Times stating that GARM’s Acceleration Agenda had led to “concessions” from social
media platforms on types of content “that should be removed from the platform when found.” 167

Email from a Facebook Vice President stating that GARM has lost its collaborative nature and
now seeks only to make demands of social media platforms. 168

The exchange between GARM and Facebook provides additional context for how
GARM frequently used coercive and concerted tactics, like Acceleration Agendas, to extract

167
Alex Barker & Hannah Murphy, Advertisers strike deal with Facebook and YouTube on harmful content,
FINANCIAL TIMES (Sep. 30, 2020).
168
HJC-WFA-GARM-000022453, at -454.

24
concessions from social media platforms, such as forcing platforms to closely adhere to GARM’s
preferred standards or open the platform up to third-party brand safety audits. 169 This point is
made clear in an email that Mr. Rakowitz drafted for WFA President, Raja Rajamannar, to send
to Marc Pritchard, Chief Brand Officer of Procter & Gamble and a GARM Governor. In that
draft email, Mr. Rakowitz explicitly stated the goal of the July 2020 Acceleration Agenda was to
put “full pressure on the platforms to follow-thru [sic] on all GARM priorities.” 170 This
statement illustrates the way in which GARM wielded the immense collective power of its
members to force platforms to submit to its demands—acting on behalf of advertisers who
control 90 percent of advertising spending and almost 1 trillion dollars annually. 171

Following their meeting on December 1, 2022, GARM and Twitter announced that
Twitter would be working with GARM on a similar Acceleration Agenda. 172 Twitter’s
Acceleration Agenda was virtually identical to those imposed upon social media platforms in
2020. Among other things, the 2022 Twitter Acceleration Agenda required the platform to
demonstrate its commitment to GARM’s safety standards and to undergo audits to prove that
Twitter was complying with GARM’s demands. 173 In an email exchange with other Steer Team
members, Mr. Rakowitz candidly wrote that Twitter’s agreement to an Acceleration Agenda
would “be a real coup if they pull it off.” 174 Mr. Rakowitz’s statement shows the real purpose of
GARM and its Steer Team—to exert complete control over social media platforms through the
use of its members’ collective power and influence.

III. GARM KNEW ITS ACTIONS RAN CONTRARY TO CONSUMER PREFERENCES.

Although GARM claimed that it was trying to protect consumers from amorphous online
175
harm, documents produced to the Committee show that GARM internally circulated and
acknowledged data that its actions were overwhelmingly unpopular among American
consumers. 176 On June 24, 2020, GARM circulated polling data among its Steer Team
suggesting that at the same time GARM was attempting to remove and demonetize online
content, 66 percent of American consumers preferred freedom of speech and expression over
supposed protection from harmful content. 177 In an email exchange with other Steer Team
members, Mr. Rakowitz asked the Steer Team to be mindful of the “recent work from Gallup
from March showing that 2/3 of US consumers value freedom of speech/expression over risks of
exposure to harmful content.” 178 In fact, GARM discussed these data points just six days before

169
See e.g., July 2024 GARM Report, supra note 3, at Appendix 95.
170
HJC-WFA-GARM-000015811.
171
World Federation of Advertisers, supra note 4.
172
GARM, supra note 157.
173
HJC-WFA-GARM-000005577.
174
HJC-WFA-GARM-000051196.
175
See July 2024 GARM Report, supra note 3, at Appendix 10 (“The Global Alliance for Responsible Media
(GARM) exists to create a more sustainable and responsible digital environment that protects consumers, the media
industry, and society as a result.”).
176
HJC-WFA-GARM-000123316, at -317.
177
Id.
178
Id.

25
the GARM Governors sent their letter in July 2020 to top executives at major social media
companies calling for the accelerated removal of so-called harmful content. 179

Email from Mr. Rakowitz to the GARM Steer Team acknowledging the overwhelming
unpopularity of GARM’s actions. 180

As GARM’s internal documents show, GARM was fully aware that American consumers
did not approve of GARM’s efforts to scrub so-called harmful content from the internet—but
GARM used its collective power to achieve this goal regardless. The documents suggest that
GARM chose to pursue collusive conduct with its membership at the expense of consumer
welfare. Recent actions by social media platforms, motivated by consumer sentiment, reinforce
the unpopularity of GARM’s collusive censorship regime. In January 2025, Meta ended its so-
called fact-checking program, writing that such regimes were frustrating users and “too often

179
Compare HJC-WFA-GARM-000123316, at -317 with HJC-WFA-GARM-000060610.
180
HJC-WFA-GARM-000123316, at -316-317.

26
getting in the way of free expression we set out to enable.” 181 In other words, the fact-checking
regimes upheld by GARM were degrading the user experience and quality of the platform and,
by extension, reducing consumer welfare.

According to GARM’s own documents, GARM’s mission of removing purportedly

harmful content from digital media is opposed by two-thirds of American consumers. 182 In spite
of this information, GARM continued its deeply unpopular action—seeking to demonetize,
remove, and deny consumers certain content and platforms dedicated to free expression. 183
Despite acknowledging the unpopularity of its collusive behavior, GARM chose to further its
own interests and the biased worldviews of its powerful members—potentially in violation of
U.S. antitrust law, and certainly in defiance of the preferences of American consumers. 184 In the
absence of GARM’s collusion, the preferences and desires of consumers have led social media
platforms to enhance protections for speech—not increased censorship, as GARM demanded.

CONCLUSION

As demonstrated by the Committee’s reports, GARM consistently attempted to hide the

collusive, censorship-focused goals of its members and Steer Team behind the worthy-sounding
goals of reducing “harmful” content online. This deception allowed GARM to claim that its
actions benefited consumers when in reality, GARM’s actions benefited the cartel at the expense
of consumers.

The Committee’s initial report, issued in July 2024, demonstrated that GARM and WFA
have tremendous market power and the influence necessary to shape public discourse according
to their preferred worldview. 185 Unfortunately for American consumers, the preferred brand
safety regime that GARM advanced is directly contrary to American consumers’ actual
preferences. GARM’s leadership acknowledged this point when they discussed polling that
showed two-thirds of Americans preferred protecting free speech over reducing harmful content
online. 186 Even knowing this, GARM chose to continue its attempt at forcing platforms to
engage in censorship anyway. Rather than working to serve the interest of consumers, GARM
and its corporate members colluded to push a deeply unpopular agenda opposed by those very
consumers.

Collusion is regarded as “the supreme evil of antitrust” as it restricts the free flow of
commerce and harms consumers. 187 Behind the empty language of GARM’s charter claiming
that the group is dedicated to “protect[ing] consumers[,]” 188 GARM worked to serve its own
goals at the expense of consumers. GARM has made the arrogant assumption that advertisers
somehow know what is best for consumers, issuing demands to social media companies to

181
Joel Kaplan, More Speech and Fewer Mistakes, META (Jan. 7, 2025).
182
HJC-WFA-GARM-000123316, at -317.
183
See generally HJC-WFA-GARM-000060610.
184
The Supreme Court has made clear that social justifications do not insulate otherwise illegal conduct from
antitrust liability. see FTC v. Superior Ct. Trial Laws. Ass’n, 493 U.S. 411, 424 (1990).
185
See July 2024 GARM Report, supra note 3, at Section I.A.
186
HJC-WFA-GARM-000123316, at -317.
187
Verizon Commnc’ns Inc. v L. Offs. Of Curtis V. Trinko, LLP, 540 U.S. 398, 408 (2004).
188
See July 2024 GARM Report, supra note 3, at Appendix 10.

27
censor content unilaterally deemed to be “harmful.” Documents produced to the Committee, and
detailed in this report, showcase the extent to which GARM went to impose its censorial
standards on American social media platforms. GARM worked closely with foreign regulators in
reaction to Twitter’s reorientation toward free speech. GARM shared nonpublic information with
its members, knowing the information could lead to a group boycott of Twitter. GARM not only
colluded to attack businesses that disagree with GARM’s worldview, but the very principles
underlying the freedom of expression, the marketplace of ideas, and fundamental American
liberties—all to the detriment of the people they claim to serve.

While GARM has disbanded and other similar initiatives have failed to launch, the threat
of collusive conduct in opposition to free expression remains. For several years, the Committee
on the Judiciary has conducted extensive factfinding around the threat to free speech from
government, Big Tech, foreign regulators, and others. This oversight has informed legislation to
reinvigorate First Amendment rights and dismantle the censorship regime. The work is not done,
and the Committee will continue to remain vigilant in defense of the Constitution and the
fundamental principles it protects.

28
 Appendix

Exhibit 1: HJC-WFA-GARM-000005577 Twitter’s Acceleration Agenda with GARM ............. 30

Exhibit 2: HJC-WFA-GARM-000014893 Slideshow Explaining the Platform Adoption
Grids.............................................................................................................................................. 32
Exhibit 3: HJC-WFA-GARM-000015811 GARM Email Stating the Goal of the July 2020
Acceleration Agenda was to Pressure Social Media Platforms .................................................... 38
Exhibit 4: HJC-WFA-GARM-000022453 Facebook Executive Email to GARM Steer Team .... 41
Exhibit 5: HJC-WFA-GARM-000051196 GARM Describes Twitter Acceleration Agenda as a
‘Coup’ ........................................................................................................................................... 45
Exhibit 6: HJC-WFA-GARM-000060610 GARM Governors’ Acceleration Agenda Letter to
Facebook, Twitter, and Google ..................................................................................................... 48
Exhibit 7: HJC-WFA-GARM-000111209 Robert Rakowitz Coordinates with Australian eSafety
Commissioner ............................................................................................................................... 51
Exhibit 8: HJC-WFA-GARM-000113799 GARM’s “Punchy Requests” to Ensure Twitter
Upholds Commitments ................................................................................................................. 58
Exhibit 9: HJC-WFA-GARM-000113922 WFA and GARM Coordinate with the European
Commission .................................................................................................................................. 64
Exhibit 10: HJC-WFA-GARM-000114314 GARM Steer Team Short Term Action Plan ........... 68
Exhibit 11: HJC-WFA-GARM-000114771 GARM Drafts Statement to Members Implying
Twitter is Unsafe for Advertisements ........................................................................................... 73
Exhibit 12: HJC-WFA-GARM-000123316 GARM Steer Team Acknowledges U.S. Consumers
Oppose its Behavior ...................................................................................................................... 75

29
 Exhibit 1
HJC-WFA-GARM-000005577 Twitter’s
Acceleration Agenda with GARM

30
 GARM x Twitter:
Acceleration Agenda
PROVIDE CONSISTENT REACH PARITY ON DRIVE ENHANCED CONTINUE TO
DEMONSTRATE
READ VIA ENHANCED INDUSTRY CONTROLS TO PROGRESS AUDIT OF
COMMITMENT TO
REPORTING ON STANDARDS FOR PROTECT ADVERTISER BRAND SAFETY
GARM SAFETY
HARMFUL CONTENT GARM COMMON MEDIA PROTECT CONTROLS+
STANDARDS
MEASURES CAMPAIGNS MEASUREMENT

Fast-track the Develop an agreed- Improve the recency Fast-track the Continue to engage
development and upon framework to and specificity of deployment of planned with the MRC on the
deployment of consistently measure Twitter transparency independent post-buy content-level brand
measurement that the prevalence and reporting to fall in line reporting tools, and safety certification,
proves that the Floor + reach of harmful with industry best fast-track the onboarding current
Suitability Framework content, with 3rd party practices highlighted in development of pre- findings, adjusting to
are being upheld thru input and certification the Aggregated buy buying tools new operations, and
policy + enforcement Measurement Report agreeing a shared
timetable

31

Confidential-Not For Public Release HJC-WFA-GARM-000005577

 Exhibit 2
HJC-WFA-GARM-000014893
Slideshow Explaining the Platform
Adoption Grids

32
 Global Alliance for
Responsible Media
•

Confidential-Not For Public Release HJC-WFA-GARM-000014893

33
 Adoption Grids: What is it, Why are we doing it
CONTEXT: What is this tool?

In the last three years, GARM has been driving a series of standards and solutions that run across its key
workstreams of Common Definition, Common Measures, Common Tools, and Independent Audit+
Verification. As we develop and then deploy the work within the industry, there is logically the question of
how each of the members implement standards.

Implementation of GARM standards is a question for all types of organizations within GARM - whether an
advertiser, an agency, a platform, or an adtech company.

Our first view on implementation is for ad sellers, with a focus on platforms.

Our look at implementation charts the following :

COMMON DEFINITIONS COMMON MEASURES COMMON TOOLS

O rg anizational endorsement Organizat ional participation Implem entat ion of GARM MRC accreditation
in the GARM Aggregated minimum adjacency standard
Link to moderation + Measurement Report in relevant form ats TAG certifi cati on
m onet izatio n policies Metri cs provided to GARM
Integratio n into buying t ools adh erin g to best practices Third- party audit of
(out of a total of 8) transparency reporting A, Global Alliance for
W' Responsible Med ia
Confidential-Not For Public Release HJC-WFA-GAR M-000014894

34
 Adoption Grids: Where and what
Key materials
•
World Federation
of Advert isers
Knowledge Connections Leadership Tools
... ,..,,
GAAMlrands.t.lyStandlrdlAdopclonO-V.W:

COMMON OEANmONS. •·
~<lnll_,.._.,,,....-,,,.,.,,..,.,_.u,.uo,, l ml<a""lwmf... _ _....,"'°"'""" ... thoGAaM._S.,...,Roo,,S.,,,._t,, F,. , _ . .

CIUTICM.fflP
Haltlw plfflOffl'IWldc:nldWIGARMllrand
Sltffifloof + Frameworli:?
Hal the pl,tform ln"9d ,;:ont..,I mode<WQn
Q > Leadership > GARM > Platform Adoption Grids ltld/otmonetlmlonpolldeatoGAAM

TowhM•xi.Mhastheplatfotmernbedd..t CoY.-191lnllldlm.n!:ot'J'
GAAMIIIOd«dslMo~ bl.rylr>gtocM? r....,._==•~
-~
,_,
= .,~...
=.~,.=,,.,~«,~
w --+-------,

Platform Adoption Grids ...__...,. _ _ _ __,_ _ _ _ _ _ .....,_.,. _ _ ,._,....._"""""

CO..MON...,,,...._

THIS NmCLE CONTAM ~ (!}

How atttctJ-.. ll tlwfQdorm ll9fflorclnCllts RemrNallol'riolMlngcotK-
Af«ypoNd•?
01 minute read ~ofvto.tlnglCCOU<!Ub'fvlews

The goal of these documents is to c reate a standardized way for members to

understand how each platform is adopting GARM standards from key GARM
Platform Adoption Grids workstreams.
COMMON TOOLS
btNl-.,,......., _ _ _,~,.,.-nc..,.......,...... 11>eGNU-<~--c1o• C'.orluolo ' • - "

Hal tt.platform~U\tlmlnlmum
In the last three years, GARM has been driving a series of standards and IQI\OWdfor F-.d?
The goal of these documents is to
solutions that run across its key workstreams of Common Definition,
create a standardized way for members Common Measures, Common Tools, and Independent Audit + Verification. As Hal tti. platform .nforced WI minimum
~dforln- fMdVloto7
.../ - OdlrKl:lyldJ-

+/1 - n-•ldunitlenolh (n(n ,. a d ~ )

we develop and then deploy the work within the industry, there is logically
to understand how each platform is
the question of how each of the members implement standards.
adopting GARM standard s...
Implementation of GARM standards is a question for all types of AUDrTSTAHOARD
GUIDES & TEMPLATES W!ilch aud it standards has UMI platform MRC Cont«1t -lavel Brand Safet)i Controls AIJdit
organizations within GARM - whether an advertiser, an agency, a platform, Meur.d?
TAGllr■ndSaf■ty Certifled

or an solutions developer company.

Our first view on implementation is for ad sellers, with a foc us on platforms.

A, Global Alliance for

W' Responsible Med ia
Confidential-Not For Public Release HJC-WFA-GARM-000014895

35
 Platform Adoption Grids: Dec 2022
QUICK USE GUIDE:

The GARM Steer Team has worked with each of the parties in the adoption grids to capture their work.
This involved GARM analyzing member work, developing an overview of adoption, and pursuing a
comment period with members to ensure that the data and assessment is accurate.

Updates to the adoption grids will be presented on a semiannual basis with May and December as the
months.

Members in GARM will be using this around a few areas:

1. Identifying industry and GARM member improvements over time
2. Prioritizing development and improvement areas
3. Supporting key decisions relative to brand safety investment and activation in media campaigns

A, Global Alliance for

W' Responsible Med ia
Confidential-Not For Public Release HJC-WFA-GAR M-000014896

36
 Platfor Ado tion Grids: D c 20 2

D
COMMON
MEASURES

COMMON
TOOLS
C, 0 C) ~ C)
~
INDEPENDENT
VERIFICATION
+ OVERSIGHT C, C, C, ~

Adoption
Needed
O 0 Adoption
Complet ed A, Global Alliance for
W' Responsible Media
Confidential-Not For Public Release HJC-WFA-GARM-000014897

37
 Exhibit 3
HJC-WFA-GARM-000015811
GARM Email Stating the Goal of the
July 2020 Acceleration Agenda was to
Pressure Social Media Platforms

38
 Message

From: Rob Rakowitz

Sent: 03/07/2020 11:38:11 AM

To: Stephan loerke @wfa net. org]
Subject: Raja note to Marc

Feel free to edit as you see fiL.

Dear Marc,

In advance of our call with each of the platforms, we should align on key messages that we want to land with the
platforms. The outcome we want is full pressure on the platforms to follow-thru on all GARM priorities, and avoid
confusion or divisions that would allow any of the platforms to do a multiple choice on what we are asking for as
significant customers of these companies. In review of Mark Zuckerberg's internal town hall, it's very clear that the
platforms are retrenching - so we need to be clear throated in our requirements.

As such, here's what we need to agree:

1. The GARM Charter covers 9 priorities that if addressed properly should resolve the systemic challenges around
harmful content and bad actors - we need the platforms to reaffirm that this is the long-term roadmap and that
they will continue to engage with us all to address them over time and with help from you and me (governors of
GARM), and the GARM Steer Team to drive the right sequencing and prioritization

2. The GARM work set to be delivered this month (Quick Wins) still needs to be committed to and our shared letter
needs to reinforce that in that:
a. We must go from agreement to implementation on the Safety Floor and Suitability Framework
b. We must accelerate independent oversight
c. We must use Hate Speech as a proof of concept in harmonized measurement and reporting (per the 5
points in our letter)

3. Facebook should not be able to use this opportunity to pick and choose their work, as the GARM Steer Team has
identified serious shortcomings that need to be addressed as Fast Fixes:
a. Clarifying policy on Hate Speech
b. Consistency in enforcement across content types
c. Submitting to independent and frequent measurement
d. Delivering controls for advertisers for adjacency

In essence we need to position these demands and requests as a series of complimentary puzzle pieces based on time-
scale (with the last one being purely reactive and the first one being proactive).

l worry that if we are not clear in the positioning of these that we will fail to deliver what the industry and society need
CM Os to deliver today. Additionally, wavering on this will undermine GARM and its Steer Team in its impact and its
current cohesive ways of working that have set a new standard for cross-industry collaboration.

I hope that we are able to discuss this prior to the call, and it's essential that the two of us show up united as the
governors who endorsed the creation of the GARM which is now more than ever essential.

Best,

Raja

39
Confidential-Not For Public Release HJC-WFA-GARM-000015811
 Rob Rakowitz
Initiative Lead - Global Alliance for Responsible Media

World Federation of Advertisers

London • Brussels • Singapore

World Federation
of Advertisers
•

40

Confidential-Not For Public Release HJC-WFA-GARM-000015812

 Exhibit 4
HJC-WFA-GARM-000022453
Facebook Executive Email to GARM
Steer Team

41
 Message

From:

Sent: 23/09/2020 8:44:41 PM

To: @4as.org
Subject: Re: Today's news and how we can work together going forward
Attachments: GARM_milestones_FINAL 23.09.2020[1].docx; Advertisers strike deal with Facebook and YouTube on harmful
content_ Financial Times[4].pdf

Yeah - it's not been a good day for me.

I am getting it from all sides.

There's a few things on this

Tone
Run on sentence that strings together everything

Rob Rakowitz
Initiative Lead - Global Alliance for Responsible Media

World Federation of Advertisers

London • Brussels • Singapore

World Federation
of Advertisers
•

From: @4as.org>
Reply-To @4as.org" @4as.org>
Date: Wednesday, September 23, 2020 at 16:40
To: Robert Rakowitz-@wfanet.org>
Subject: Fwd: Today's news and how we can work together going forward

Hi Rob,

Well this is interesting! Please send around the FT article (I don't subscribe) and the final press release. I find it
extremely brazen to suggest that FB should provide marcomms resources to ensure the content is what
- (and others) believe it should be and that they should control the narrative. She's implying that there
was no marcomms support or anyone paying attention. - does not provide any details regarding what
was misleading - so it's challenging to understand her concerns.

Apologies for missing the measurement call today. Thought I could join for the first 30 minutes but was
preparing for my board meeting this afternoon.

Best,
1111

42

Confidential-Not For Public Release HJC-WFA-GARM-000022453

 A-s lcoNGREss -

Diversity is an action. Join the 4A's at the Inaugural Equity & Inclusion Congress to create a better industry for
all. Register for this free event here.
11.-em
Notice of Confidentiality: The information contained in this message is confidential and may constitute inside or non-public
information under international, federal or state laws and is intended only for the use of the addressee. Unauthorized forwarding,
copying, printing, distributing, or using such information is strictly prohibited and may be unlawful. If you are not the addressee,
please promptly delete this message and notify the sender of the delivery error by email. Thank you.

- - - Forwarded message ---------

From ~ >
Date: Wed, Sep 23, 2020 at 2:39 PM
Subject: Today's news and how we can work together going forward
To~ ~>, DAngelo, Gerry ~ >, Stephan Loerke
~ >, Joe Barone - >, wfanet.or >,
john.montgomery rou m .com >, ..,__:..:....:..:::..:...:..:::..::..:..;::..:....o. o, L u i s -
~ >, ~ >, @effem .com >, _
@effem.com >, - ~ >~ ~>,
@dia ea.com @dia ea .com >,
ea.com >,
mastercard.com>

Dear Rob and Steer Team,

First and foremost, I want to thank you all for your continued commitment to driving meaningful progress against the
GARM workstreams. As I have shared before the work of GARM is incredibly important for the industry to collectively
come together to collaborate on solutions. It is making a difference and it is what clients are looking towards to feel
confident that we are taking actions. A lot is riding on this collaboration. And we are fully committed. - and I
are as committed as humanly possible.

I am reaching out today because I am concerned as I feel like the tone and original "spirit" of uncommon collaboration
across marketers, platforms, agencies, industry's, etc. has shifted to be much more towards demands being placed on
the platform. I have heard feedback from others who attended the community calls recently that this is the perception
some members are feeling. I am also concerned about the process that was followed on the recent press release and FT
article. Our teams need to have more confidence in this process that the groups' work is
accurately being characterized in public commitments. There are a few things that were mischaracterized in today's
news and it has caused a lot of angst not only at Facebook but at my peer companies. I know timing and resources
continue to be a concern for GARM. if resources are an issue, we are more than happy to provide resources to help
with marketing materials, press, etc. We are invested in our collective success and have multiple people on hold ready to
lend a hand-on all things related to comms, marketing and press.

43

Confidential-Not For Public Release HJC-WF A-GARM-000022454

 l would like to recommend that all of the platforms, their execs and the steer team jump on a call to discuss how we will
address the way in which we work together so we can avoid what happened today (again-----a lot of it is good but we can
lose traction quickly when things are not characterized correctly).

Please let me know what works, as I think this is important to do before the next community call on October 1.

All my best,

44
Confidential-Not For Public Release HJC-WFA-GARM-000022455
 Exhibit 5
HJC-WFA-GARM-000051196
GARM Describes Twitter Acceleration
Agenda as a ‘Coup’

45
 Message

From: isba.org.uk]
Sent: 07/12/2022 9:38:38 AM
To: Rob Rakowitz ■■■l@wfanet.or,g]; @effem.com]; Joe Barone
@groupm.com] ■■■■ @a1na.net] @diageo.com]; Di-Como, Luis
@unilever.com]; DAngelo, Gerry @4as.org];
@4as.org];
CC: @wfanetoir,g]
Subject: Re: GARM x Twitter: Acceleration Agenda

Great slide! As you say, if implemented, this will be massive progress

-
Sent from Outlook for iOS

From: Rob Rakowitz @wfanet.org>

Sent: Wednesday, December 7, 2022 9:10:26 AM
To: isba.org.uk>; @effem.com>; Joe Barone
@groupm.com>; @ana.net>; @diageo.com>; Di-Como, Luis
@unilever.com>; DAngelo, Gerry @pg.com>; '.@4as.org>; !
@4as.org>; @mastercard.com>
Cc: @wfanet.org>
Subject: FW: GARM x Twitter: Acceleration Agenda

Guys-

FYl...really good chat with ■ He's agreed to AOB, and we agreed a slide.
He's really running very fast over there with the Acceleration Agenda - with ASER, Prevalence+ Reach, Tools to be
delivered BY February.
This will be a real coup if they pull it off.
Transparently we did discuss underlying fears as two members of targeted groups and what the grand plan is around
moderation - much to watch there.

Thanks

Rob

Rob Rakowitz
Initiative Lead - Global Alliance for Responsible Media

WF A - World Federation of Advertisers

Brussels• London • New York• Singapore

WFA values and encourages flexible working patterns, with teams working across multiple time zones.
Although I have sent this at a time that is convenient for me, it is not my expectation that you read,
respond or follow up on this email outside your hours of work.

From: Rob Rakowitz-@wfanet.org>

Date: Wednesday, December 7, 2022 at 04:06

46

Confidential-Not For Public Release HJC-WFA-GARM-000051196

 To:-@twitter.com>
Subject: GARM x Twitter: Acceleration Agenda

Hey ■---

It was great seeing you and spending time together earlier.

The plan discussed is great. I've attached a slide we can share with the Community during AOB on Thursday. We will
keep you off the agenda.
By all means - folks will be looking for dates - so where you feel certain, provide ranges.

In terms of next steps:

1. ASER - this is great to hear that this now a priority - and this will go a long way to resolve doubts on upholding
the floor --- just one thing to flag is whether or not you want to 'steal with pride' methodologies from YT
(accredited) or Meta (in progress) to help grease skids on industry alignment

2. Recurring measurement on the prevalence and reach of harmful content: Please let's circle the wagons GARM
Steer Team and 4As APB - this will be the quickest route for us to align the industry on a list of harmful terms for
key policies and/or GARM content categories. We will also need to make sure that we have a way of capturing
the world beyond Anglophones.

3. First-party pre-bid controls: This is great - again - let's use Steer Team+ APB as a clearing house for the product
team as this gets mapped out

4. MRC: I will be in attendance on Thursday and will weigh in if needed

5. 2023 standings - let's agree 10a NYC/ 7a SFO Tues as a standing 30min call - this way folks who are also vested
in the plan - can all participate - and again - you will feedback to me on if this becomes too many
cooks in the kitchen

Thanks!

Rob

Rob Rakowitz
Initiative Lead - Global Alliance for Responsible Media

WFA - World Federation of Advertisers

Brussels • London • New York • Singapore

47
Confidential-Not For Public Release HJC-WFA-GARM-000051197
 Exhibit 6
HJC-WFA-GARM-000060610
GARM Governors’ Acceleration Agenda
Letter to Facebook, Twitter, and Google

48
 .. - .i World Federation
of Advertisers
•

July 1, 2020

Facebook, Inc.
1 Hacker Way
Menlo Park, CA 94025

Twitter, Inc.
1355 Market Street, Suite 900
San Francisco, CA 94103

YouTube
Google LLC
1600 Amphitheatre Parkway
Mountain View, CA 94043

One year ago, the Global Alliance for Responsible Media (GARM) was formed with the objective
of eliminating harmful content from media. The Alliance has the full support of the advertising
and media industry, including: 35-plus multinational companies across multiple industries; the
WFA, ANA, 4A's, and IAB, industry associations representing more than 3,000 companies
worldwide; 6 agency holding companies; 7 global media platforms; and numerous publishers
and broadcasters. During the past year, extensive work has been done to establish standards,
plans, and action steps to achieve a media ecosystem that eliminates 11 categories of harmful
content for the benefit of the consumers we serve.

Today the Alliance is accelerating a cross-industry effort focused on the highest immediate
priority: to eliminate content that is hateful, denigrating, or discriminatory on all digital
platforms and to ensure that advertising is not funding hateful content. To advance this
effort with the highest level of urgency, we are requesting immediate implementation of the
following steps:

1. Agree to the GARM standards of what constitutes hateful, denigrating, or discriminatory

content.
2. Measure and report the incidence of hateful content on various ad products, and conduct
independent third-party auditing through the Media Rating Council.

49

Confidential-Not For Public Release HJC-WFA-GARM-000060610

 3. Measure and report the percentage of hateful content that is removed before it is seen,
and provide the action plan and timetable for getting to 100 percent of content removed
before seen.
4. Measure and report the incidence or probability that an ad is next to or near hateful
content, and if it happens, define the steps for immediate remediation.
5. Provide advertisers with options to ensure ads are never on or near hateful content.

The GARM standards of what constitutes hateful content have been worked extensively and are
ready for immediate agreement. We request a meeting with you on July 3 so we can accelerate
progress, which has been far too slow. At the meeting, we want to gain your agreement to the
action steps above, and to discuss an urgent timetable for completion of each step. From your
responses, we will identify the next steps to move forward with urgency.

We are accelerating industry efforts to eliminate hateful, denigrating, and discriminatory

content as it requires the highest level of priority, investment, and urgency. And to be
clear, this accelerated effort is part of our broader objective to work with you to eliminate all
categories of harmful content in the fastest possible timing in order to have a safe, productive,
and useful media ecosystem for the people we serve.

We look forward to a productive meeting. Thank you.

Global Alliance for Responsible Media

Marc Pritchard
Chair, Association of National Advertisers
Chief Brand Officer, The Procter & Gamble Company

Raja Rajamannar
President, World Federation of Advertisers
Chief Marketing and Communications Officer, Mastercard

Bob Liodice
Chief Executive Officer, Association of National Advertisers

Stephan Loerke
Chief Executive Officer, World Federation of Advertisers

50

Confidential-Not For Public Release HJC-WFA-GARM-000060611

 Exhibit 7
HJC-WFA-GARM-000111209
Robert Rakowitz Coordinates with
Australian eSafety Commissioner

51
 Message

From: Julie Inman Grant @eSafety.gov.au]

Sent: 11/11/2022 11:19:43 AM
To: Rob Rakowitz -@wfanet.org]
CC: @esafety.gov.au]
Subject: Re: Twitter [SEC=UNOFFICIAL]

Hi Rob:

Thank you for sharing and well done for leading this important work.

Amazing what can happen in just a few days - talk about a total Twitter meltdown! It makes me so sad for the company I
really loved working for - and for my former colleagues.

Your line of questioning is broadly consistent with the concerns I raised in my letter and I imagine you gleaned more
following the Spaces call to the advertising community.

You have some very powerful levers at your disposal. We would be grateful if GARM can keep us updated on how
Twitter responds and share any information, so we can take into account in our engagement and regulatory decisions.

I'm on my way to DC tomorrow and am looping i n . , who is on point for these issues on my team. It will certainly be
fascinating to watch this all unfold.

Julie

Sent from my iPhone

On 9 Nov 2022, at 10:59 pm, Julie Inman Grant @esafety.gov.au> wrote:

That must be soul destroying, Rob!

I worked in the 102nd Congress at a time when members worked across paiiies on issues of
mutual concern. 1~merica is not the country of promise I grew up in or left 22 years ago. It
makes me sad to see the societal polarisation and deterioration on so many fronts - and frankly,
the violence that permeates discourse-in the name of free speech - not to mention the more
obvious Second Amendment.

Move to Australia!! !Q

Julie

Sent from my iPhone

On 9 Nov 2022. at 10:53 pm. Rob Rakowitz-@wfanet.org>wrote:

Yes - we need to connect on that too

I have a playbook and CMO call to action if like your input on

52

Confidential-Not For Public Release HJC-WF A-GARM-000111209

 I need to be spending more time with you

Oh and election results

My main thing is I need to see Trump and denials effectively sidelined but I am
afraid the contagion is too widespread to protect infection overall

I have little faith in either part establishments - and I say this as a first generation
American who is a refugee from anti Jewish persecution in pre-state Israel and
Iraq.

Rob Rakowitz
Initiative Lead - Global Alliance for Responsible Media
World Federation of Advertisers

@wfanet.org

From: Julie Inman Grant @eSafety.gov.au>

Sent: Wednesday, November 9, 2022 6:48:14 AM
To: Rob Rakowitz -@wfanet.org>
Subject: Re: Twitter [SEC=UNOFFICIAL]

Let me know what you hear - I just met with , their

today, who was here launching a metaverse safety initiative ....

Sent from my iPhone

On 9 Nov 2022, at 10:45 pm, Rob Rakowitz

-@wfanet.org> wrote:

Also saw
Asking them now

Rob Rakowitz
Initiative Lead - Global Alliance for Responsible Media
World Federation of Advertisers

@wfanet.org

From: Julie Inman Grant :@eSafety.gov.au>

Sent: Wednesday, November 9, 2022 6:41:13 AM
To: Rob Rakowitz ■■■■ @wfanet.org>
Subject: Re: Twitter [SEC=UNOFFICIAL]

Rob - It's getting late here so I will take a look tomorrow and will
keep confidential - will suggest a few times when we might
connect but open to discussing vectors for mutual support.

Just saw that the Meta layoffs hit - hope it doesn't

disproportionately hit trust and safety as well. I suspect this was a

53
Confidential-Not For Public Release HJC-WFA-GARM-000111210
 bit more about tackle overall "bloat and underperformance" but
will watch ...

Julie

Sent from my iPhone

On 9 Nov 2022, at 10:32 pm, Rob Rakowitz

-@wfanet.org> wrote:

So lovely to hear from you!

I am sharing the attached in confidence with you.

There is an ongoing major intervention.

PDF sets out a plan

Email is a short term RFI

Neither of these are in public domain, yet. And would

be good to cross-check them and see how they line up
with you.
It would be great to line up together around a shared
agenda.

I am also writing a piece now on how brand safety has

nothing to do with controlling freedom of speech and
everything to do with correcting an imperfect
marketplace that has led to things like -
suicide.

I'm getting tired of the false debates.

Let's 100% connect - maybe virtual in the short term.

100% would love to see the team in person.

Best as ever -you are an inspiration!

Rob

Rob Rakowitz
Initiative Lead - Global Alliance for Responsible Media

WFA-World Federation of Advertisers

Brussels• London • New York• Singapore

WFA values and encourages flexible working patterns, with teams

working across multiple time zones.
Although I have sent this at a time that is convenient for me, it is not
my expectation that you read,
respond or follow up on this email outside your hours of work.

54

Confidential-Not For Public Release HJC-WFA-GARM-000111211

 From: Julie Inman Grant
@eSafety.gov.a u>
Date: Wednesday, November 9, 2022 at 06:11
To: Rob Rakowitz-@wfanet.org>
Subject: Re: Twitter [SEC=UNOFFICIAL]

Hi Rob - I saw the GARM post on Linkedln and was really

pleased to see this proactive approach. I would be very
interested in seeing your six points. I believe GARM has
significant collective power in helping to hold the
platforms to account and I appreciate your informing
the importance of both brand and platform safety.

Interesting to hear your perspective on Blue &

Birdwatch. It is very hard to piece together what seems
like a very erratic and reactive strategy. On one hand,
this could be seen as a very basic revenue generating
machination and a way to target the bots and scammers
by undermining the economic incentive to mass create
accounts .... but, they clearly haven't thought through
the multiple spill on events.

I gather you saw that I wrote to Mr Musk and was

questioned about my thoughts at Senate Estimates?

Not sure I will get an immediate response ... here is the

letter, since it is now in the public record.

As an aside, I' ll be in DC next week launching a global

online safety regulatory network at FOSI, then in Seattle
and San Fran. My team member, _ , will be up in
NYC on the 18th but happy to try and touch base
further whilst I' m stateside.

How 'bout this election???????

Thanks for reaching out and for advocating for such

important change! Julie

Sent from my iPhone

On 9 Nov 2022, at 9:47 pm, Rob

Rakowitz -@wfanet.org>
wrote:

Hi Julie -

I hope you've been well.

55

Confidential-Not For Public Release HJC-WFA-GARM-000111212

 I've issued Twitter a detailed list of
questions and I fear we won't hear back
on them in a meaningful way.

One of the 6 areas I raised was how

collapsing Blue and Birdwatch will
increase the quality of content and
avoid abuse? As we know bad actors in
misinfo are many times stat funded and
coordinated $8 accounts to tip a
content rating and an algorithm
recommendation engine is a clear issue.
The only thing I can thing is perhaps it's
intentional.

Happy to connect and share our overall

plan and questions.

Let me know if there's a desire to

connect.

Best

Rob

Rob Rakowitz
Initiative Lead - Global Alliance for
Responsible Media
World Federation of Advertisers

NOTICE: This email message is for the sole use of

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If you are not the
intended recipient, please contact the sender by
reply email and destroy all
copies of the original message.

<Twitter GARM Steer Team Observations Action

Plan.pdf:>
<Re- GARM- Advice on industry-wide
communications.eml>

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and may contain confidential and privileged information. Any
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56

Confidential-Not For Public Release HJC-WF A-GARM-000111213

 review, use, disclosure or distribution is prohibited. If you are not
the
intended recipient, please contact the sender by reply email and
destroy all
copies of the original message.

NOTICE: This email message is for the sole use of the intended recipient(s)
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57
Confidential-Not For Public Release HJC-WFA-GARM-000111214
 Exhibit 8
HJC-WFA-GARM-000113799
GARM’s “Punchy Requests” to Ensure
Twitter Upholds Commitments

58
 Message

From: Rob Rakowitz

Sent: 21/11/2022 9:35:07 AM

To: Stephan Loerke @wfanet.org]
Subject: Re: [External] - GARM x Twitter: Decision on statement, pacing to 1 Dec

Hi-

OK- no statement to members but I will dust off the reactive one just in case we have inbound inquiries.

The questions attached were given to Twitter ages ago and they've not responded to them but they were
acknowledged (distributed on 6 Nov).

The survey results and the survey itself and the social listening those are all below the waterline.

I think we will use the survey + listening + implementation grids to make 3 punchy requests to Twitter to ensure
they are upholding commitments (e.g., opening the platform to 3P measurement in absence ofYoel and team).
The point is that they don't have a team now and we need to deploy some sort of sonar array to determine when
they run aground - at least with their understanding and at best with their cooperation.

Can chat before 630a NYC.

Rob Rakowitz
Initiative Lead - Global Alliance for Responsible Media
World Federation of Advertisers

@wfanet.org

From: Stephan Loerke -wfanet.org>

Sent: Monday, November 21, 2022 4:18:29 AM
To: Rob Rakowitz @wfanet.org>
Subject: RE: [External] - GARM x Twitter: Decision on statement, pacing to 1 Dec

Hi Rob,

Would you mind sending me a copy ofYoel Roth's NYT opinion as I don't have a subscription?

Thank you for starting the prep for Dec 1.

I don't think we should be reacting publicly to Musk's decision to reinstate Trump. We may well get Qs, but we shouldn't
make a statement proactively. There is going to be a never-ending flow of headlines from Musk and Twitter in the
months to come.

However, I do think we should prep the Dec 1 session very thoroughly. And thanks for putting together an initial draft
list of issues we should be raising.

Have you heard anything from the Twitter team (or what remains of it) re Dec 1? Are they still confirming their
participation?

Here are my suggestions:

59
Confidential-Not For Public Release HJC-WFA-GARM-000113799
 • I think it would make sense to share with Twitter the broad topics (not the exact Q of course) we want to grill
Musk on ahead of the meeting. We should try and avoid the Zuckerberg situation of "Thank you for the Q, we'll
get back to you on this".
• We should send by Mon Nov 28 COB a prep note to the Exec Co - confirming (hopefully) Musk's participation, a
simplified executive summary of what happened at Twitter so far and the Qs it raises+ the broad topics that we
want to address
• We should seed Qs with the Exec Co members and the SteerTeam members ahead of the session.

Lets chat to today. Call me when you can.

Thanks

Stephan

From: Rob Rakowitz @wfanet.org>

Sent: 20 November 2022 16:15
To: Stephan Loerke -wfanet.org>
Subject: FW: [External] - GARM x Twitter: Decision on statement, pacing to 1 Dec

Hi-

Happy Sunday.

As a heads up - I am consulting with the Steer Team to see if there is a common PoV on the value of a statement.
The situation is completely fluid, and I have even stated we may be seeing Musk do a high-profile test on moderation
(Trump is free to post, but Twitter not obligated to carry)

Putting Trump and his political views completely aside, and being disciplined, this is a significant development in terms
of new commitments and not upholding them.

■ (our last person at Twitter) would like to leave but can't afford to money-wise (I've told him I'd be of help and we do
have some margin to retain him as a consultant- and honestly he'd be a massive fit skill-wise and energy).

Obviously, WFA would be lead voice on raising concern to marketers and GARM being able to surface the technical
issues to keep things clean.

I am trying to put together a psychological profile on Musk for us; this is the first time he is dealing with real
stakeholders in any of his business ventures (SpaceX is a play to outsource government unwilling to invest, Tesla is
vertical integration without having to deal with dealer network, PayPal was creating a scaled payments vehicle outside
of the banks). There is also a lot of rash decisions without thinking thru consequences or worse intentional chaos
(reducing staffing, blue, Trump reinstatement). I think there is something also very status-driven or external-
confirmation driven about him; he's in panic mode and is looking to divert attention and is looking for affirmation (to
cover his disapproval from investors and advertisers) from Twitter users who are mainly bots.

To me, the psychology angle will be key- it was during the walk-back of the Cuban Missile Crisis.
But the last thing I want to do is to have us be Neville Chamberlin after Dec 1.

60
Confidential-Not For Public Release HJC-WFA-GARM-000113800
 Thanks,

Rob

Rob Rakowitz
Initiative Lead - Global Alliance for Responsible Media

WFA-World Federation of Advertisers

Brussels • London • New York • Singapore

WFA values and encourages flexible working patterns, with teams working across multiple time zones.
Although I have sent this at a time that is convenient for me, it is not my expectation that you read,
respond or follow up on this email outside your hours of work.

From: Di-Como, Luis unilever.com>

Date: Sunday, November 20, 2022 at 09:02
To: Rob R a k o w i t z ~ >

• ......"'--'---'-'---'-:::::::::::::::........ com

Subject: Re: [External] - GARM x Twitter: Decision on statement, pacing to 1 Dec

Hey team, I'm ok on describing the latest developments based on information that we received from twitter or is well
documented public knowledge. Also, adding the questions of the survey
I will stay away of any kind of recommendation of investment or saying that we have concerns on biz continuity ... we
should try to describe without judgment and be as fact based as possible

Luis Di Como
EVP Global Media
Mobile

On Nov 20, 2022, at 08:33, Rob Rakowitz~ > wrote:

Hi all-

I wanted to send out a note on a few things:

1. Registering the latest developments

2. Determining if we do/say something
3. Pacing ahead of the 1 Dec Meeting

I would like some feedback on whether or not we should be planning on a statement on Twitter since so
much has changed since Thursday last week.
Please let me know if you would like us to issue a statement or not (can be done via WFA per previous
discussions).

61
Confidential-Not For Public Release HJC-WFA-GARM-000113801
 Registering the Latest Developments
1. Twitter commercial leadership is in disarray: ■■■■■I who was the new CRO is no longer
at Twitter (accounts she refused to cut her team further), Yael Roth who led site integrity
resigned on Wednesday, and - who led product revenue left on Thursday (she was no
longer aligned with operations, political culture, and lack of resource for her role),

2. The latest developments mean that the face of Twitter is no longer, and the people leaving are
leaving now because of a business continuity, role effectiveness, and company strategy. The
notion is that Twitter will be unable or not care to answer advertiser requests - and in my view
there is a deliberate attempt by ownership to make sure that the operations can't support
advertisers (as a means of shedding them and their influence)
3.
4. Yael Roth wrote an Op-Ed in the NYT on Friday, acknowledging GARM and portraying advertisers
as a bulwark against Musk and his absolutist views, making us unwelcome (and I know for many
of you the feeling may be mutual) https://www.nytimes.com/2022/11/18/opinion/twitter-yoel -
roth -elon -musk.html?smid=nytcore-ios-share&referringSource=highlightShare

5. Trump was reinstated by a Twitter user poll. This to me, shows an increased pattern of behavior
of 'crowd source decision making' (recall Elon's angry poll on advertisers and freedom of speech
a day after our letter) - all of which line up with his original plan of verified accounts (blue)
having an outsized role in content recommendation and quality assessment (birdwatch) which is
the 'big idea for Twitter 2.0). My hypothesis is further proven in pictures of whiteboards
tweeted on Friday night from Elon ) - please see attached and please note Timeline scorer and
Earlybird as proof this is still to come.

6. The reinstatement of Trump is a complete 180 on commitments made to advertisers Musk's

'listening tour sessions' initiated with WPP on 2 Nov and run thru 7 Nov with just about every
agency. In these sessions he pledged to countless advertisers and agencies that no major
decisions on accounts or content would be done without an impartial and independent content
review council set up. Moreover, he pledged in the Twitter Influence Council on 4 Nov that
advertisers and agencies would be informed and consulted prior to shifts in policy, product.

7. I do have a hypothesis that Musk may use Trump as a high-profile example of 'freedom of
speech, but not freedom of reach' in that he may allow him to post but may suppress anything
that is misleading or divisive. This is a 'big maybe' but is the only thing that I would say would
keep me from staying silent if asked by members for my opinion

8. I spoke with ■ last night over text while traveling back from Chicago and he is conflicted about
his next moves from a what he wants to do and what he can afford to do

Determining if we do/say something

9. Not saying something may question or resolve or effectiveness externally.

10. The rationale for GARM or WFA saying something is deepening concern on business continuity,
responsiveness to GARM questions, and walking back to new commitments made by new
ownership since 28 Oct.

11. The statement would register why advertisers should be concerned. We should also consider
releasing the list of questions we have of Twitter on a blogpost. These are legitimate and not
leading.

12. We would also point to the formal meeting on 1 Dec.

62
Confidential-Not For Public Release HJC-WFA-GARM-000113802
 13. The only reason not to say something is seeing what moderation policies Twitter will enforce or
not.

Pacing to Dec 1
14. As a reminder we have our meeting upcoming with Twitter on Thurs 1 Dec (you should all have
calendar holds). The Steer Team Sessions will be critical. If we are unable to make a quota in
them we will need to seek alternative time or alternative means for alignment.

15. In the lead up we will have the following:

1. Overview of insights from survey, alignment on preread outline (Tues 22 Nov)
2. Discussion of preliminary provocations (Tues 22 Nov)
3. Alignment on Platform Integration Grids (Tues 29 Nov)+ public facing

Rob Rakowitz
Initiative Lead - Global Alliance for Responsible Media

WFA - World Federation of Advertisers

Brussels • London • New York • Singapore

WFA values and encourages flexible working patterns, with teams working across multiple time zones.
Although I have sent this at a time that is convenient for me, it is not my expectation that you read,
respond or follow up on this email outside your hours of work.

CAUTION: This message was sent from outside the company. Please do not click links or open attachments unless you
recognise the source of this email and know the content is safe.

<NewTwitterStrategyWhiteboard.jpg>
<GARM Twitter Questions 6 Nov.docx>

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its contents to any other person.

63
Confidential-Not For Public Release HJC-WFA-GARM-000113803
 Exhibit 9
HJC-WFA-GARM-000113922
WFA and GARM Coordinate with the
European Commission

64
 Message

From:

Sent: 02/11/2022 12:50:31 PM

To: Stephan Loerke @wfanet.org); @wfanet.org)
CC: @wfanet.org]
Subject: Re: GARM / Twitter plan

LOVE THIS

I am so happy to be firing on all pistons and showing up in the only way WFA / GARM / OGX can do together

... it also helps t h a t - tolerates my wild conspiracy theories and equally weird sense of humor...

Rob Rakowitz
Initiative Lead - Global Alliance for Responsible Media

WFA - World Federation of Advertisers

Brussels • London • New York • Singapore

WFA values and encourages flexible working patterns, with teams working across multiple time zones.
Although I have sent this at a time that is convenient for me, it is not my expectation that you read,
respond or follow up on this email outside your hours of work.

From: Stephan Loerke-wfanet.org>

Date: Wednesday, November 2, 2022 at 08:21
To: @wfanet.org>, Rob Rakowitz-@wfanet.org>
Cc: @wfanet.org>
Subject: RE: GARM / Twitter plan

Great to have the EU Commission on our side

From: @wfanet.org>
Sent: 02 November 2022 13:15
@wfanet.org>; wfanet.org>
Cc: @wfanet.org>
Subject: RE: GARM / Twitter plan

I think this sounds like a great plan, Rob. Let me know when/how I can support

FYI I just spoke to Prabhat Agarwal (Head of Unit for Platforms at DG Connect, European Commission) here in
Prague during a European Commission conference. He's very keen to hear our perspectives on Musk Twitter
acquisition. I said we'd follow up with him to set up a time to discuss and share our perspectives/concerns. He
said a conversation with us would be a priority for his teams - a real testament to how much they value our
expertise and collaboration!

He's aware that Twitter's brand safety teams are changing and there could be opportunity, as the Commission
engages with Twitter themselves in the context of DSA, for us to encourage the EC to push Twitter to deliver
on GARM asks

65

Confidential-Not For Public Release HJC-WF A-GARM-000113922

 I suggest we reach out to Prabhat towards the mid/end of next week, when we have approval on the below
plan, responses to the benchmark (the questions for which we are currently finalising) and further data on
safety monitoring. We'll need to align on what we want our key messages to be

-
Let me know your thoughts,

From: Rob Rakowitz ~

Sent: 02 November 2022 05:16
>

To: Stephan Loerke ~ >;

Cc: wfanet.or >
Subject: Re: GARM / Twitter plan

One last thought for the night.

I think we need to communicate to the Community on Monday.
We communicated on Twitter and Linked In and via the press - but I need the Community on side and hearing from us
on the plan.

Here is the broad message track:

1. We are watching and are concerned given the context and continuity issues
2. We are meeting at the executive level and continue to meet at the operational level
3. We are monitoring safety, and we are tracking and will publish against GARM-level commitments by Twitter and
other platforms
4. Goal is to provide you with objective data on implementation and insights to support brand safety decision
making
5. Remediation plans are available to all platforms, as with previous incidents elsewhere, and we have seen
progress where there's openness and commitment

Rob Rakowitz
Initiative Lead - Global Alliance for Responsible Media

WF A - World Federation of Advertisers

Brussels • London • New York • Singapore

WFA values and encourages flexible working patterns, with teams working across multiple time zones.
Although I have sent this at a time that is convenient for me, it is not my expectation that you read,
respond or follow up on this email outside your hours of work.

From: Rob R a k o w i t z ~ >

Date: Tuesday, November 1, 2022 at 23:45
To: Stephan Loerke ~ >,
Cc: wfanet.or >
Subject: GARM / Twitter plan

Hi-

I had a good call with the Steer Team today and we aligned a plan that is fact-based and good.
Musk is apparently having a call with WPP and some of their key advertisers tomorrow that I am slipping in the backdoor
to (don't ask, don't tell).

66

Confidential-Not For Public Release HJC-WFA-GARM-000113923

 I've told them to point Twitter and Musk to GARM, and they've agreed.

Attached is our plan agreed today within the Steer Team.

We are doubling down on where our power is; standards and transparency and allowing advertisers to make informed
decisions, while at the same time offering platforms a remediation plan.

Linked to Step 3 in the PDF page 3, we are also going to make the implementation grids (outdated version attached) go
public ahead of the meeting (with a comment period). This way it's not singling Twitter out, but we know where eyes
will be. Any moves by Twitter forward or backward (or any platform for that matter) will be visible and highlighted in
updates. "Hey man, we agree the standards together, I monitor your progress, it's not my decision to move ad spend."

This feels damn good.

Rob Rakowitz
Initiative Lead - Global Alliance for Responsible Media

WFA-World Federation of Advertisers

Brussels • London • New York • Singapore

WFA values and encourages flexible working patterns, with teams working across multiple time zones.
Although I have sent this at a time that is convenient for me, it is not my expectation that you read,
respond or follow up on this email outside your hours of work.

67

Confidential-Not For Public Release HJC-WF A-GARM-000113924

 Exhibit 10
HJC-WFA-GARM-000114314
GARM Steer Team Short Term Action
Plan

68
 Twitter: GARM Steer Team Acquisition Concerns
1. Context is sensitive at best, divisive at worst: The time of the acquisition and transition is marked by several sensitive
events; Iranian regime protests, Israeli elections, US midterm elections, Ukraine War, UK government transition, rise in US
antisemitism. The polarized views in each of these topics only manifest themselves on line - with Twitter being an open feed
venue (more open than lnstagram, Facebook) and its ability to be exposed to negative behaviors like brigading.

2. Musk's direction on platform control is inconsistent: Since acquisition Musk has promised not to reinstate controversial
accounts until a content review council is set up (NB content reviews and accounts are usually separated in other platforms).
However, Ye has been partially reinstated, and Trump has been approached (although he allegedly refused the idea of
returning). Musk's actions and his statements may be at odds.

3. Layoffs and resignations of key staff leave resourcing questioned: Musk cleared executives in his first acts (CEO, CFO,
Policy/Trust & Safety Lead), makes public a plan to layoff 25% of staff, and has also seen key voluntary departures (CMO,
People Officer, Revenue Officer, Customer Officer). Key disciplines like platform trust & safety, brand safety, client
management (agency and marketer) are left to middle management. It is unclear of reporting lines and decision-making
abilities.

4. Microaggressions are coming in from fringe networks as a stress test: Many polarized users view Musk's acquisition as a
victory for harmful acts and content. Early reports show a 500% increase in the use of the N-word. An antisemitism watchdog
start-up in Israel reports a 600% increase in antisemitic bullying (NB they already work with another GARM platform on
moderation). An agency member of GARM a 2x increase in harmful conduct on the platform since the acquisition closed. It is
open season and the team previously tasked with moderating the platform has gone from disengaged during the deal period
to dismissed post-acquisition

5. Corporate governance: Musk has eliminated the Twitter board, and has made himself CEO, despite owning and being CEO
in other ventures (Tesla, SpaceX). There are real concerns that Musk can run all three ventures with one requiring a live-time

•
decision making muscle, cognizant of user safety concerns.

Confidential-Not For Public Release HJC-WFA-GARM-000114314

69
 Twitter: GARM Steer Team Short Term Action Plan
Context: With the sensitive external environment, platform access concerns, and reduction in force, many advertisers have
expressed concern, confusion, or conviction on Twitter's ability to be suitable for advertising investment. Simultaneously a call by
NGOs (some affiliated with GARM's NGO Consult Group) for advertisers to boycott Twitter launched on 4 Nov (Stop Toxic Twitter).
Worryingly this has triggered Elon Musk to engage in discussions and encourage a counter-boycott of advertisers leaving his
platform.

Upholding Commitments+ Maintaining Continuity: With the shift in ownership and adjustment to Twitter, we must have Twitter
maintain platform and brand safety operations. We must also ensure we monitor the delivery of existing commitments, and
communicate any changes to the GARM Community, without filtering and without bias

Recommendation: GARM should take a role of identifying advertiser and agency concerns, identifying challenges in brand safety
operations or implementation via fact-based research methods. GARM will drive transparency, and holding Twitter accountable to
its prior commitments. GARM should reinforce its position of a standards setting, solutions building and transparency-building
forum.

Precedent: GARM did not expel Facebook during its brand safety incidents in 2020. Facebook did agree a reform plan based on
GARM's provocations. That reform plan execution is still underway

This stance preserve's GARM's neutrality and avoids a potential adversarial legal backlash that could deleverage advertisers and
agencies, and trigger regulatory scope expansion to monetization.

Upcoming milestones: The WFA ExecCo and GARM Steer Team are set to meet with Elon Musk on Dec 1. The Steer Team will also
engage with the remaining Twitter Brand Safety Team.

Confidential-Not For Public Release HJC-WFA-GARM-000114315 •

70
 Twitter: GARM Steer Team Short Term Action Plan
While there is bias for action, GARM can help navigate advertiser perceptions and digital safety
needs (whether platform or brand safety). GARM will use FACTS and DATA to help. Our timing is
to have data ready linked to the WFA ExecCo on 1 Dec.

Status: In progress Status: In progress Status: Update complete

Partners: 4As, ANA, ISBA Sources: Agencies, CyberWell Platform comment period
Timing: w/ c 7 Nov fielding Timing: ongoing Partners: N/ A
w/ c 14 Nov release Steer Team to review insights Timing: Platform comment 7 Nov,
ahead of 1 Dec meeting Member distribution 28 Nov

Confidential-Not For Public Release HJC-WFA-GARM-000114316

71
 Twitter: GARM Meeting Plan
Date /Time 1 Dec 2022 @ Ba NYC [virtual]

Attendees WFA ExecCo + GARM

Twitter Executive Team [confirmed]+ TBD
Format • GARM to recommend agenda + questions [sent as preread]
• Questions to be led by ExecCo members [need to brief]
• Rob to facilitate [impartially]
Preread Share out of identified issues with corroboration sourced from:
• Snapshot of Twitter status in GARM
• WFA Advertiser Survey
• Social Listening
Moderation Allow for opening remarks
Rob must tightly manage agenda, questions and answers
Rob to prep individual leaders in the ExecCo
Working List of Topics to 1. Staffing + Resourcing: Check in on team, resourcing, avoid overuse of tech that has failed on
Probe things like CSAM [you can't have tech moderate on nuanced areas like cyberbullying]
2. Business Model: Plans to protect negative use of Blue+ Birdwatch for moderation and
[to be reformulated with monetization [you can't buy your way into better content moderation]
data into the agenda] 3. Relitigating Industry Standards+ Commitments: New narrative on free speech v hate speech
needs to be addressed as a slip away from Common Definitions [you can't have new terms that
reinvent trust & safety]
4. Practical Concerns: Reflect on the positive and negative insights from the survey

Confidential-Not For Public Release HJC-WFA-GARM-000114317 •

72
 Exhibit 11
HJC-WFA-GARM-000114771
GARM Drafts Statement to Members
Implying Twitter is Unsafe for
Advertisements

73
 Message

From:

Sent: 11/11/2022 4:58:43 AM

To: Stephan Loerke @wfanet.org]
CC: @wfanet.org); @raymedia.biz];
@wfanet.org); @wfanet.org)
Subject: Statement on Twitter
Attachments: Statement on Twitter Changes.docx

Importance: High

Hi Stephan -

I am sorry to wake you into a crisis.

The bird has gone from freed to fried.

Twitter has seen a raft of resignations this afternoon at the close of business NYC: CISO, Privacy, Security, Site Integrity,
Revenue - all resigned. Elon has mentioned bankruptcy as a potential.

Be that as it may, the platform poses real risks; someone has spoofed Eli Lilly and has indicated that insulin will be free.
Imagine how this impacts consumers or stock price!

I've crafted a message that needs to be posted ASAP and distributed. I have navigated the situation as best as we can in
terms of our anticompetitive statues and have gone as close as possible as we can to saying "it is unsafe, cease and
desist."

Please advise if you are in agreement with the need to issue a statement, and if you are OK with the approach. It is the
start of business EU right now, and I am happy to work with the Brussels team to see this go live at the earliest possible
time.

Thanks,

Rob

Rob Rakowitz
Initiative Lead - Global Alliance for Responsible Media

WFA - World Federation of Advertisers

Brussels • London • New York • Singapore

WFA values and encourages flexible working patterns, with teams working across multiple time zones.
Although I have sent this at a time that is convenient for me, it is not my expectation that you read,
respond or follow up on this email outside your hours of work.

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 Exhibit 12
HJC-WFA-GARM-000123316
GARM Steer Team Acknowledges U.S.
Consumers Oppose its Behavior

75
 Message

From:

Sent: 25/06/2020 2:27:33 PM

To: DAngelo, Gerry @pg.com];Di-Como, Luis unilever.com];
@diageo.com;
groupm.com]; Joe Barone
a
. .u ne
@publ umww.com];
@dentsua . @aaaa.or diageo.com];-
@diageo.com]
Subject: Re: Internal GARM Steer Team+ APB session today

Hey all -

Please let me know who needs the invite for the call today - I can't see who's on the invite and want to make sure all are
included

Rob Rakowitz
Initiative Lead - Global Alliance for Responsible Media

World Federation of Advertisers

World Federation
of Advertisers
•

From: Robert Rakowitz-@wfanet.org>

Date: Wednesday, June 24, 2020 at 06:47
@pg.com>,"Di-Como, Luis" ilever.com>,
@effem.com>, em.com>,

e Barone
m ana.net>,.
>, wfanet.org>,

dents . , .
Subject: Internal GARM Steer Team+ APB session today

Hi all-

I wanted to get across why I am pulling us together later this AM - I think it's essential for us to have a clear set of
requests of Facebook from the advertising and media community, hence the calendar block.

Personally, I feel it's critical that we're aligned in requests and prioritization and fallback positions in light of the
following:

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 1. Size of Madison Avenue v Main Street: We're c. 20% of Facebook revenues, with small and medium
advertisers/agencies making up the volume

2. US Consumer attitudes: There's recent work from Gallup from March showing that 2/3 of US consumers value
freedom of speech/expression over risks of exposure to harmful content. 44% have been in direct contact with harmful
content, and still the majority of consumers prefer the status quo of s 230 of the CDA

3. Need to scale up: It's very clear that regulators are fragmented, the demand side is also largely fragmented so we're
going to need to be very clear-minded and throated in requests - especially considering that there's issues beyond
monetized content that we're likely to be discussing.

If you recall in the note we set out 4 territories for discussion:

• Clarifying policies on incitement and disinformation
• Creating consistency in enforcement
• Improving adjacency controls for divisive topics
• Creating transparency in efforts

As we work thru requests and practicality of requests given all of the above, we should come prepared to frame/discuss
our requests and have them structured appropriately:

Tier 1: WE HAVE A CLEAR REMIT: Areas for GARM direct+ overt requests - areas of direct control over paid media
efforts spanning monetized content, monetized content adjacency (e.g., the creators we're underwriting and/or
conversations we're immersing our brands in+ better enforcement of the floor and suitability framework)

Tier 2: WE HAVE UNDERSTOOD INFLUENCE: Areas for GARM partnership on shared interest like societal impact,
platform integrity (e.g., is the platform being bent incredibly by bad actors or coordination with disinfo and divisive
content and incitement ... tactics or changes for more effective and consistent enforcement of community standards)

Tier 3: WE HAVE KNOWN POSITIONS/ OPINIONS: Areas for GARM provocation things that require a wild reexamination
of internal policy and external engagement (e.g., is the platform keeping marketing content that is of peer quality,
coordination with other platforms)

Hope this helps and looking forward to speaking.

Rob Rakowitz
Initiative Lead - Global Alliance for Responsible Media

World Federation of Advertisers

London • Brussels • Singapore

World Federation
of Advertisers
•

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