Trump’s Facebook Ban For Your Own Safety? It is According to the Facebook Oversight Board Director

Facebook’s Oversight Board on Wednesday upheld the social network’s ban on former president Donald Trump but punted the ultimate decision back to the company, bringing into focus the regulatory vacuum around social media and galvanizing Facebook’s critics.

The ruling opens a new chapter in the global debate over the largely unchecked power of social media giants, whose platforms have become the default political megaphone for many world leaders even as misinformation and hate have been fomented on the sites. Regulatory action is also on the horizon, with lawmakers promising that by the end of the year new legislation will hold companies to account for their failure to police disinformation during the pandemic and the 2020 presidential election.

Facebook first suspended Trump for encouraging violence during the Capitol riot Jan. 6, before saying the next day that the ban was “indefinite.” Two weeks later, it referred the case to its 20-member Oversight Board, which is largely independent and funded by the social network. But the board on Wednesday handed the decision back to Facebook, recommending that it either permanently ban or reinstate the president within six months — and write clear rules to explain the rationale.

“They cannot invent new unwritten rules when it suits them,” board co-chair and former Danish prime minister Helle Thorning-Schmidt said in an interview.

In the ruling, the board agreed that Trump’s comments on the day of the insurrection “created an environment where a serious risk of violence was possible.” The board pointed to the president’s references to the mob members as “patriots” and “special,” and his instructions to them to “Remember this day forever.”

But it took issue with Facebook’s “indefinite” suspension of Trump, saying it was “vague and uncertain.”

The board also recommended that Facebook publish a report explaining its own role in fomenting the Jan. 6 attack.

Following the decision, Facebook emphasized that Trump would remain off the social network for the time being, in accordance with the board’s order. But the company also seemed noncommittal in its response.

“We will now consider the board’s decision and determine an action that is clear and proportionate,” Nick Clegg, Facebook’s vice president of global affairs and communication, said in a blog post Wednesday, after canceling all planned interviews. “In the meantime, Mr. Trump’s accounts remain suspended.”

Trump said in a statement that Facebook, Twitter and Google embarrassed the United States.

“Free Speech has been taken away from the President of the United States because the Radical Left Lunatics are afraid of the truth,” Trump said in the statement. ”… These corrupt social media companies must pay a political price, and must never again be allowed to destroy and decimate our Electoral Process.”

Twitter and Google’s YouTube followed Facebook in suspending Trump following his comments. Twitter’s ban is permanent, while YouTube’s is indefinite. Facebook and Twitter declined to comment on Trump’s statement. YouTube did not have immediate comment.

Critics are already calling into question the legitimacy and value of the Oversight Board, an experimental entity set up by Facebook to help hold it accountable in making such calls. The board is only able to offer Facebook recommendations on its policies, which the social network can take or leave, and Facebook has a hand in selecting members. Because of the board’s limited powers, some critics see the body as a distraction from developing new laws or government oversight of social media companies.

“The practical effect of this decision will be that Facebook — and possibly other platforms that might have been watching the Oversight Board for unofficial guidance — will have to continue to grapple themselves with the problem of what to do about political leaders who abuse social media to spread lies and incite violence,” Paul Barrett, deputy director of the NYU Stern Center for Business and Human Rights, said in a statement.

Facebook’s Oversight Board has decided the fate of Trump’s account. Here’s everything you need to know.

In Washington, Democrats have already promised to use their new powers to update existing antitrust laws, crack down on misinformation and pass federal privacy legislation. Facebook is also the target of a landmark Federal Trade Commission lawsuit, which focuses on the company’s practice of buying up rivals.

The board’s push for Facebook to create more transparent rules and consistently follow them echoes the criticisms of lawmakers on both sides of the aisle. Wednesday’s ruling renewed calls for the government to take on a greater regulatory role and to continue with efforts underway in the United States to limit the social media giant’s power. Some also called into question why the decision focused almost solely on one person, not on the powerful algorithms that spread hateful content virally.

“Policymakers ultimately must address the root of these issues, which includes pushing for oversight and effective moderation mechanisms to hold platforms accountable for a business model that spreads real-world harm,” Sen. Mark R. Warner (D-Va.) said in a statement.

Allies of Trump swiftly condemned the decision.

In his typical fashion, President Trump's reaction to the decision was swift.

He called the social media giant's actions "a total disgrace and an ambarrassment to our country."

Break up Big Tech — or regulate it so that major platforms cannot discriminate by viewpoint, Republicans said Wednesday.

Former President Donald Trump’s allies in Congress vowed to strike back after Facebook’s decision to uphold its ban on Trump’s account — especially when the political tide turns, perhaps as soon as 2022.

House Minority Leader Kevin McCarthy (R-Calif.) accused Facebook of “acting like a Democrat Super PAC” and wrote, “A House Republican majority will rein in big tech power over our speech.”

“Break them up,” tweeted Rep. Jim Jordan (R-Ohio), a staunch Trump ally and the top Republican on the House Judiciary Committee.

Rep. Jim Banks (R-Ind.), who leads the conservative Republican Study Committee, wrote, “If Facebook is so big it thinks it can silence the leaders you elect, it’s time for conservatives to pursue an antitrust agenda.”

The antitrust push has been led by Sen. Josh Hawley (R-Mo.), who last month proposed the Bust Up Big Tech Act and Trust-Busting for the Twenty-First Century Act to accomplish that goal.

A rival proposal would force platforms like Facebook and Twitter to respect different political viewpoints by declaring them “common carriers,” a term that historically emerged for companies like railroads that were regulated to restrict discrimination.

Sen. John Kennedy (R-La.) endorsed that approach in a Fox News interview Wednesday.

“They’re common carriers. They’re not companies, they’re countries. And we need to regulate them,” Kennedy said.

“I’m not saying that Facebook’s politics are right or wrong. I’m saying they shouldn’t have politics. And the only way to get this straight is either to properly regulate them or break them up.”

Kennedy added: “Congress needs to get up off its ice cold lazy butt and face this issue head on. And both Democrats and Republicans understand something’s wrong.”