"It is not permissible for Facebook to keep a user off the platform for an undefined period, with no criteria for when or whether the account will be restored."
"In applying a vague, standardless penalty and then referring this case to the Board to resolve, Facebook seeks to avoid its responsibilities. The Board declines Facebook’s request and insists that Facebook apply and justify a defined penalty."
Facebook has been under fire for the steps they've taken (or not taken) to moderate commentary appearing on their service. One of the biggest controversies occurred in January of this year, when the platform elected to "indefinitely suspend" the account of then president Donald Trump in connection with the Washington DC riots.
Turning to its nascent "Oversight Board", the tech giant sought affirmation of its actions. What it got was something significantly more complicated, and with much more significant potential ramifications than many could have antipated.
International law and contract interpretation are strange bedfellows...in Virtual Legality.
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Discussed in this episode:
"Facebook’s Trump ban can stay in place, says Oversight Board" The Verge - May 5, 2021 https://www.theverge.com/2021/5/5/22320329/facebook-oversight-board-trump-ban-decision
"The Worst Terms in Gaming? The Unhappy Marriage of Facebook and Oculus (VL346)" YouTube Video - October 26, 2020 - Hoeg Law https://youtu.be/ZyFqWY2zOOQ
"Who Ultimately Decides What Content Is Removed From Facebook? Now We Do" New York Times - May 6, 2020 https://www.nytimes.com/2020/05/06/opinion/facebook-oversight-board.html
"Facebook's Paying Someone Else To Take the Blame (VL219)" YouTube Video - May 6, 2020 - Hoeg Law https://youtu.be/I1I8K8maBQ8
"Case decision 2021-001-FB-FBR" Facebook Oversight Board https://oversightboard.com/decision/FB-691QAMHJ/
Facebook Dangerous Individuals and Organizations Policy https://www.facebook.com/communitystandards/dangerous_individuals_organizations
Facebook Terms of Service https://www.facebook.com/terms.php
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com