Now more than ever the world turns to social media for entertainment, news updates, and staying connected. But, if the last few years have shown us anything, it is that social media has become a vital tool for spreading false information and negativity.

In November 2018, social media titan, Mark Zuckerberg, announced his vision to revolutionise the way content is governed on Facebook. In September 2019, Facebook released a statement, alongside a charter and letter from Mr Zuckerberg announcing the initial structuring and development of an “Oversight Board”, as well as the goals and purpose of such a committee. The charter outlined the Board’s relationship with Facebook, the decision-making process, the parameters of the Board as well as the scope and power they possess.

This Oversight Board will reflect the power and status of the Supreme Court within the microcosm of Facebook. This means that its decisions will be “binding” and “final”. It will also be sovereign from Facebook through the development of an independent trust to manage the Board’s finances. This is the first time a limited delegation of power to an independent entity has ever been witnessed in Facebook’s 16-year history. The popular social media platform has also developed a series of bylaws that will govern the board’s operations and procedures. 

The purpose of this 40-member board is to moderate content on Facebook and Instagram in order to ensure that it is all consistent with the company’s policies and values whilst upholding the freedom of expression “within the international norms of human rights.”

Facebook revealed the first 20 members of the long-awaited board on 6 May 2020. Comprised of an international panel, 90% of members speak more than one language, 70% have lived in more than one country, all 20 have expertise or experience in advocating for human rights, 2 have previously served as Special Rapporteurs for the UN in key areas of interest, 1 is a Nobel Peace Laureate, and 3 are former judges of national or international courts. 

WHAT DOES THIS MEAN FOR INTERNATIONAL HUMAN RIGHTS?

When introducing themselves in a New York Times op-ed, the four co-chairs wrote that they are all “committed to freedom of expression within the framework of international norms of human rights.” 

Co-chairs – Catalina Botero-Marino, Jamal Greene, Michael W McConnell and Helle Thorning-Schmidt – went on to reveal that they will be making decisions based on the principles of the international of human rights “without regard to the economic, political or reputational interests of the company.” This is widely regarded as an important step in favour of freedom of expression; unsurprising given that the first 20 board members of the Board have made significant contributions to the protection of freedom of expression and other fundamental human rights around the world over the course of their careers.

WHY IS THIS A GOOD THING?

Till now, the social media company allowed self-appointed moderators and employees to decide what met community guidelines and what users were able to see online, often enforcing vague rules with little transparency regarding the decision-making process. By implementing a board of experts in freedom of expression, it seems that there would be a reduced chance of getting it wrong, with and people being denied their rights to exercise freedom of expression based on vague and unclear reasoning. 

The Board will allow appellants to make a more formal case and consult with experts to potentially establish landmark decisions and clarify the vague guidelines which currently exist.  It is predicted that some cases may also result in an extension of these guideline to adhere to international human rights standards on freedom of expression. 

Naturally, the decision to adhere to such standards occurred over time starting in 2019 where statements made in reference to this board echoed the Universal Declaration of Human Rights – which were subsequently added to Facebook’s own values. Now, there is an increased sense of credibility and legitimacy to the effectiveness of the board and their judgements. 

TOO GOOD TO BE TRUE?

Despite the impressive number of languages and qualifications in the mix, the first 20 members appear to come from predominantly US and European backgrounds which is arguably not representative enough in relation to Facebook’s microcosm. There are fears that this could impact the decision-making process. Additionally, there seems be a lack of expertise on LGBTQI+ issues with only one member appearing to have experience of this area. Also, there are no experts from North Africa or Southeast Asia regions – at least for now – which severely underrepresents what makes up 60% of the world’s population and a significant proportion of users of the social media platforms. 

There are also concerns about whether the board would be able to “develop a well-informed view of the complex circumstances of a case” and acquire a detailed understanding of all the variables to contextualise any disputes that appear before them. That being said, it seems as if the creation of this Board is certainly progress.

NEXT STEPS

The Board will hear cases that are considered to be ‘heavy’ and they will decide whether or not to overrule Facebook’s own moderation decision. Furthermore, they will have to address the matter of how to balance Facebook’s community guidelines in line with how international human rights standards which protect freedom of expression. Only time will tell whether they will have a preference with how they approach cases.

This new Board is certainly an interesting development that is worth staying updated on. With a plethora of questions that keep cropping up every day, there are clearly areas which could benefit from some clarification by the board or Facebook themselves however, it is undeniable that this is certainly a step in the right direction. 

Melisa is a feminist and human rights activist based in the Birmingham, UK. She plays an active role in countless projects including academic research and UPR stakeholder contributions. She is an aspiring barrister hoping to specialise in public, constitutional and international law, with the goal of one day working with the United Nations. She will be undertaking a masters of international human rights law in September 2020. She has experience in advocating for sexual and reproductive rights and the right to education; focusing on establishing gender equality and diminishing gender-based violence. She is currently in the process of establishing a community in the UK that focuses on spreading awareness about women’s global health and LGBTQI+ Rights.

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