Facebook’s “Oversight Board” to Rule on Trump’s Account Reinstatement Privileges
Whether it’s copying competitor features, getting around privacy laws, failing to curtail the spread of hateful content, or taking a laissez-faire approach to regulating disinformation on its platform, Facebook has a way of staying nearest to the center of controversy. It seems almost natural, therefore, that Facebook has an affinity for the king of controversy himself — former President Donald Trump.
The two have had a rocky relationship ever since Facebook’s Oversight Board banned Trump’s accounts from both Facebook and Instagram indefinitely following the Capitol Hill raids on January 6 by armed white supremacist groups.
Facebook has been criticized in the past for allowing Trump to post conspiracy theories and other questionable content. The company defended its inaction on the grounds that the content was newsworthy. Given that Trump was head of state of the United States, Facebook’s argument was that his speech should be protected even if it would otherwise ran afoul of the Community Standards because of the public’s interest in knowing what the former President had to say.
After receiving thousands of complaints regarding Trump’s posts leading up to the Capitol Hill riots, however, it was deemed that Trump’s behavior went against Facebook’s Community Standards and the decision was made to ban him from posting on any Facebook platform — indefinitely.
At the time, Facebook’s CEO, Mark Zuckerberg, set a timeline of two weeks on the ban, which would coincide with President Joe Biden’s inauguration and the transfer of power.
Now, after delaying its decision a couple times already, the Board is expected to announce whether it will uphold the ban.
How the Oversight Board Fits within Facebook’s Community Standards Policy
After years of being pestered to take a more active stance towards content moderation, Facebook created the 20-person Oversight Board last year. Its purpose is to make decisions regarding what users can post, by looking to Facebook’s Community Standards as well as external experts and members of the general public. The Board considers complaints from the public as well as comments on suggested remedies and actions. A decision requires majority approval of the panelists.
Many of the panliests have stellar credentials including leading roles in journalism, human rights, and jurisprudence. They are all independent and have no professional or financial ties to Facebook or the outcomes of the decision.
Facebook reportedly has earmarked over $100 million for the Oversight Board, which it has used to hire staff and create the infrastructure needed for the Board to operate. Recently, Facebook released the
Oversight Board’s by-laws (which, as of the date of this article, were last updated March 2, 2021), which set forth the processes and procedures for handling complaints of conduct that allegedly violates its Community Standards.
While the Board has deliberated over other cases in the past year or so, their decsions and their reasoning therefor have not been made public. As such, it is difficult to guess at this stage what outcomes could look like. In other words, whether Trump’s account can be reinstated with or without restrictions remains to be seen.
By Leaving these Cases to an Independent Board, Facebook can Placate Both Sides to the Debate without Addressing the Root of the Problem
Following the decision, Facebook will have a week to implement the Board’s decision and 30 days to publicly respond to recommendations.
The Oversight Board gives Facebook and its leadership an opportunity to distance itself from difficult decision-making. To a certain extent, having an independent board review content that users and the general public deem inappropriate can feel like a cop-out for a company that has repeatedly acted in a less-than-transparent and, some might say, less-than-equitable way when faced with such questions.
It is, however, the safest and least controversial way for Zuckerberg and team to “address” these issues. By not making a decision one way or another — and having someone else do it for them— Facebook will be able to satisfy the supporters of the winning cause and absolve himself of responsibility when dealing with backers of the losing one. After all, both are Facebook users and he will need both on his platform to keep advertisers happy!
One thing is for sure certain: the Trump case is a watershed moment for Facebook, its Oversight Board, its Community Standards, and the entire company’s ethos with respect to content moderation, free speech, and its intersectionality with politics and society.
