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Oversight Board upholds Trump Facebook ban, but orders review

Oversight board upholds Trump Facebook suspension, but orders review within 6 months



While the oversight board upheld Trump’s original Facebook suspension, they ruled “it was not appropriate for Facebook to impose an ‘indefinite’ suspension.”

WASHINGTON — Since the day after the deadly Jan. 6 riots on the U.S. Capitol, former President Donald Trump’s social media accounts have been silent — muzzled for inciting violence using the platforms as online megaphones.

On Wednesday, Facebook’s Oversight Board ruled that the company’s decision to restrict then-president Donald Trump was correct, however, it added that it was “not appropriate for Facebook to impose the indeterminate and standardless penalty of indefinite suspension.”

The oversight board claimed that the normal penalties for users include removing the violating content, imposing a time-bound period of suspension, or permanently disabling the page and account. 

The board has asked Facebook to “review this matter to determine and justify a proportionate response that is consistent with the rules that are applied to other users of its platform.” The company has six months to comply.

Recommendations from the board also include that it needs to develop a clear, “necessary, and proportionate policies that promote public safety and respect freedom of expression.”

Politicians, free speech experts and activists around the world have been watching the decision closely. It has implications not only for Trump but for tech companies, world leaders and people across the political spectrum — many of whom have wildly conflicting views of the proper role for technology companies when it comes to regulating online speech and protecting people from abuse and misinformation.

After years of handling Trump’s inflammatory rhetoric with a light touch, Facebook and Instagram took the drastic step of silencing his accounts in January. In announcing the unprecedented move, Facebook CEO Mark Zuckerberg said the risk of allowing Trump to continue using the platform was too great.

“The shocking events of the last 24 hours clearly demonstrate that President Donald Trump intends to use his remaining time in office to undermine the peaceful and lawful transition of power to his elected successor, Joe Biden,” Zuckerberg wrote on his Facebook page on Jan. 7.

A day before the announcement, Trump unveiled a new blog on his personal website, “From the Desk of Donald J. Trump.” While the page includes a dramatic video claiming, “A BEACON OF FREEDOM ARISES” and hailing “A PLACE TO SPEAK FREELY AND SAFELY,” the page is little more than a displays of Trump’s recent statements — available elsewhere on the website — that can be easily shared on Facebook and Twitter, the platforms that banished him after the riot.

While Trump aides have spent months teasing his plans to launch his own social media platform, his spokesman Jason Miller said the blog was something separate.

“President Trump’s website is a great resource to find his latest statements and highlights from his first term in office, but this is not a new social media platform,” he tweeted. “We’ll have additional information coming on that front in the very near future.”

Barred from social media, Trump has embraced other platforms for getting his message out. He does frequent interviews with friendly news outlets and has emailed a flurry of statements to reporters through his official office and political group.

Trump has even said he prefers the statements to his old tweets, often describing them as more “elegant.”

Facebook created the oversight panel to rule on thorny content on its platforms following widespread criticism of its difficulty responding swiftly and effectively to misinformation, hate speech and nefarious influence campaigns. Its decisions so far — all nine of them — have tended to favor free expression over the restriction of content.

In its first rulings, the panel overturned four out of five decisions by the social network to take down questionable material. It ordered Facebook to restore posts by users that the company said broke standards on adult nudity, hate speech, or dangerous individuals.

Critics of Facebook, however, worry that the Oversight Board is a mere distraction from the company’s deeper problems — ones that can’t be addressed in a handful of high-profile cases by a semi-independent body of experts.

“Facebook set the rules, are judge, jury and executioner and control their own appeals court and their own Supreme Court. The decisions they make have an impact on our democracies, national security and biosecurity and cannot be left to their own in house theatre of the absurd,” said Imran Ahmed, CEO Center for Countering Digital Hate, a nonprofit critical of Facebook. “Whatever the judgement tomorrow, this whole fiasco shows why we need democratic regulation of Big Tech.”

Gautam Hans, a technology law and free speech expert and professor at Vanderbilt University, said he finds the Oversight Board structure to be “frustrating and a bit of a sideshow from the larger policy and social questions that we have about these companies.”

“To some degree, Facebook is trying to create an accountability mechanism that I think undermines efforts to have government regulation and legislation,” Hans said. “If any other company decided, well, we’re just going to outsource our decision-making to some quasi-independent body, that would be thought of as ridiculous.”


Associated Press Writer Jill Colvin contributed to this story.



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