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Facebook said it wanted the Supervisory Board’s binding decision on the matter given its importance.
“We think it is important that the board review it and decide independently whether to confirm it,” wrote Nick Clegg, vice president of global affairs at Facebook. “While we await the council’s decision, Mr. Trump’s access will remain suspended indefinitely.”
John Taylor, a spokesperson for the Facebook Oversight Board, told CNN Business that, as part of its framework, the board will have 90 days to review the decision, but “we plan to act faster than that.”
Facebook and Instagram have banned Trump’s account from posting for at least the remainder of his tenure and possibly “indefinitely” after his supporters stormed the U.S. Capitol building in protest against the election. Twitter, Trump’s favorite social media platform, banned him for good.
In a blog post, the oversight committee said Trump or his page admins would be able to comment on Facebook’s decision to the board, as he plans to uphold or reverse Facebook’s decision.
“The Supervisory Board was launched at the end of 2020 to address exactly the kind of very important issues raised by this matter,” the board said. “The Council was created to provide a critical independent verification of Facebook’s approach to the most difficult content issues, which have enormous implications for global human rights and freedom of expression.”
Jamal Greene, co-chair of the Supervisory Board, told CNN Business that the case would be examined and decided from three main angles: whether Trump’s content really violated the policies of the Facebook platform; whether Facebook’s decision is consistent with its own stated values; and whether Trump’s suspension largely aligns with – or undermines – international human rights principles.
Kate Klonick, an assistant professor of law at St. John’s University who studies technology and online discourse, predicted that many will see the case as Facebook’s “Marbury v. Madison moment”, referring to the case pivot of the United States Supreme Court which established the role of the judiciary in reviewing laws and government actions.
Given the tendency for social media platforms to follow the leader on back-to-back content application decisions, the Supervisory Board’s decision could have wide ramifications, according to Evelyn Douek, a lecturer at Harvard University Law School.
“There is no bigger question in content moderation right now than whether Trump’s deformity represents the start of a new era in the way companies control their platforms,” she wrote in a blog post. “The past few weeks have also shown that what a platform does can impact the internet. (…) For all these reasons, the board’s decision on Trump’s case could affect many more people. a Facebook page. “
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