: Facebook oversight board upholds ban on Trump’s account, but says company must clarify penalty

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Facebook’s oversight board upheld the company’s decision to restrict former President Donald Trump’s access to to Facebook and Instagram on Wednesday, but said that the company must clarify whether it intends the penalty to be permanent or temporary.

Facebook “indefinitely” blocked Trump’s access to the platform as well as Instagram on Jan. 7, following the the riotous invasion of the Capitol by his supporters the day before.

Though it upheld the decision, the board said “it was not appropriate for Facebook to impose the indeterminate and standardless penalty of indefinite suspension,” because Facebook’s normal policy is to either remove content, impose a time-bound suspension on an account, or to permanently disable a page or account.

“The Board insists that Facebook review this matter to determine and justify a proportionate response that is consistent with the rules that are applied to other users of its platform,” the decision reads. “Facebook must complete its review of this matter within six months of the date of this decision.” 

The oversight board said that Facebook was justified in removing content posted to the former president’s account on Jan. 6 because statements directed at those who stormed the Capitol, including “We love you. You’re very special,” and statements describing them as “great patriots,” violated Facebook rules “prohibiting raise or support of people engaged in violence.”

“The Board found that, in maintaining an unfounded narrative of electoral fraud and persistent calls to action, Mr. Trump created an environment where a serious risk of violence was possible,” according to the decision. “At the time of Mr. Trump’s posts, there was a clear, immediate risk of harm and his words of support for those involved in the riots legitimized their violent actions.”

The decision was the most high-profile action yet in the short history of the oversight body, which has been called Facebook’s
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“supreme court,” because it has the final say on contentious decisions regarding whether to remove content from the website, based on the social-networking platform’s community standards, which prohibit users from inciting violence, among other restrictions.

Facebook funded the oversight board with an initial investment of $130 million that it expects will cover six years of operations. Last spring, Facebook named the first 20 members of the board, which comprises law scholars, politicians, and free-speech and human-rights advocates from around the world.

Since the former president was kicked off Facebook and other popular social media platform’s, including Twitter, Trump has taken to getting his message out through press releases and interviews on cable television.

On Wednesday, he launched a new blog called “From the Desk of Donald J. Trump,” which enables him to post tweet-length posts and videos and to request donations to his political action committee, called Save America.

It’s unclear what impact the decision will have on Trump’s access to other platforms, including Google’s
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YouTube and Twitter
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Twitter characterized its ban of the former president as “permanent” when Facebook explained only that Trump was being placed on an “indefinite ban.”