Note: This is something I originally wrote for the daily newsletter at the Columbia Journalism Review, where I’m the chief digital writer
A year and a half ago, Mark Zuckerberg floated what seemed like a crazy idea. In an interview with Ezra Klein of Vox Media, the Facebook CEO said he was thinking about creating a kind of Supreme Court for the social network—an independent body that would adjudicate some of the hard decisions about what kinds of content should or shouldn’t be allowed on the site’s pages, decisions Facebook routinely gets criticized for. Imagine, Zuckerberg said, “some sort of structure, almost like a Supreme Court, that is made up of independent folks who don’t work for Facebook, who ultimately make the final judgment call on what should be acceptable speech.” It wasn’t just a pipedream or an offhand comment: for better or worse, Facebook has been hard at work over the past year creating just such an animal, which it is now calling an “Oversight Board.” This week, it took another in a series of steps towards that goal, by publishing the charter that will govern the board’s actions, as well as a document that shows how it incorporated feedback from experts and interested parties around the world, and a description of how the governance process will work for this third-party entity.
As part of the roadshow for this effort, Facebook held an invitation-only conference call with journalists, in which the head of the governance team took pains to describe just how much work the company did to gather as much feedback as possible on the idea. Facebook held six in-depth workshops and 22 roundtables, featuring journalists, privacy experts, digital-rights activists, and constitutional scholars from 88 different countries, along with 1,200 written submissions—all of which sounds very impressive until you remember that Facebook has more than 35,000 employees and revenues of more than $56 billion. And what did the company come up with? The charter describes an independent body that will start with 11 members and eventually number as many as 40, who will hear cases in groups of five. Some cases will be referred by Facebook, while others will come from appeals launched by users whose content has been removed for a variety of reasons.
In an attempt to keep the board as independent as possible, Facebook says it will appoint two co-chairs for the board, who will then be free to select whomever they wish to fill out the rest of the board membership. And Facebook will not compensate board members directly, for fear of the perception of a conflict of interest—compensation will come from a trust that the company will set up (and fund), which will also be run independently. The charter specifically states that members can’t be removed because of specific decisions they make, but can only be disqualified if they breach the code of conduct set out in the charter. But most important of all, Facebook says, decisions made by the board are binding, which means they can’t be overruled by the company unless the changes that would be required to comply actually violate the law, or unless the board recommends something that is technically impossible.
Continue reading “The Facebook Supreme Court will see you now”