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Journalism of Courage
New details about Facebook’s independent Oversight Board has put the company’s internal justice system back in the news. The board is set to be constituted by the end of this year, and begin operations next year.
What does this mean for me?
In CEO Mark Zuckerberg’s words: “We are responsible for enforcing our policies every day and we make millions of content decisions every week. But ultimately I don’t believe private companies like ours should be making so many important decisions about speech on our own. That’s why I’ve called for governments to set clearer standards around harmful content. It’s also why we’re now giving people a way to appeal our content decisions by establishing the independent Oversight Board.”
What’s the process?
After exhausting all other moderation appeals processes, you can appeal your case by writing a statement to the board. Facebook says it will not edit your statement. Facebook can also direct cases to the board itself. The company will use a “case management tool” that will direct cases from Facebook to the board and its staff. The company can send some cases for “expedited review”. Full-time board staff aid the process by reviewing case submissions before sending them to a case-selection committee.
The case-selection committee chooses which cases to hear, categorised by significance and difficulty. Those tasked with this project recently told The Verge that they want to focus on geographical diversity. Facebook’s report on its consultations states: “The board will also have access to outside experts in instances where cultural nuances are crucial to understanding the facts of the case.”
“The board has the discretion to choose which requests it will review and decide upon. In its selection, the board will seek to consider cases that have the greatest potential to guide future decisions and policies,” the Board’s Charter states.
Board staff assign the case to a panel of members (with between five and 11), with at least one member from the region in question. The panel’s composition may remain anonymous, while the entire Board list is public.
The user can submit a written statement if their case is selected, and Facebook can send in case information. The board will have a set time in which the panel will need to hear a case. If it is doesn’t make a decision that time, the case is rejected automatically.
All board members review a panel’s decision and have the option of a re-review by a new panel. The Board publishes its decisions but leaves it up to the user to decide how much personal information they want to reveal.
The company will not abide by the board’s judgment only if it breaks the law.
The company can also call for a “policy advisory opinion” in which it seeks the board’s take on any rule. “How should it rule on nudity?” “How should it respond to fact-checking political content?” “How should it deal with religious issues in specific country contexts?” These are all questions that the board could dissect.
What is independent about the board?
The company has set up an independent trust that creates a three-pronged structure: a company, a board, and a trust.
To start, Facebook will select the “co-chairs”. Co-chairs and the company will select board candidates, who will then be formally appointed by the trustees. After the initial setup, the board will select its own members with appointments by the trustees.
Trustees fund the board, while Facebook funds and appoints the trustees. News reports say the company is devoting $130 million currently to the trust.
The public can propose candidates. Trustees can remove members for code of conduct violations, but not for their decisions.
The board will have between 11 and 40 members, who serve a three-year term with no more than three terms. Trustees oversee term renewals.
The company will pick members that do not have a conflict of interest and are familiar with issues of “digital content and governance, including free expression, civic discourse, safety, privacy and technology,” according to the board’s charter.
“The board’s decision will be binding, even if I or anyone at Facebook disagrees with it,” Mark Zuckerberg said in a blog post. “The board will use our values to inform its decisions and explain its reasoning openly and in a way that protects people’s privacy.”
What led to this?
The idea came into the discourse roughly a year ago. Thereafter, the company has met with industry experts, began developing the bylaws, recruiting the board members, and testing the appeals process.
