Beautiful Virgin Islands

Sunday, Aug 02, 2026

The Problem Is Facebook

The Problem Is Facebook

Facebook’s “Supreme Court” might have upheld Donald Trump’s suspension, but that doesn’t make it a real court.
Back to you, Zuck. Facebook’s oversight board earlier today declined to act as a human shield for the social network. Asked to rule on the suspension of Donald Trump’s account in the wake of the January 6 Capitol riot, it passed the ultimate decision back to Facebook.

For now, Trump’s suspension stays in place. But the board has given Facebook six months to “reexamine the arbitrary penalty it imposed on January 7 and decide the appropriate penalty.” No hiding behind the judgment of outsiders when Republican politicians complain about “anti-conservative bias,” or when other world leaders such as German Chancellor Angela Merkel worry about the precedent of a corporation pulling the plug on an elected politician—Facebook will have to tell us what its own red lines are.

The oversight board has been called Facebook’s “Supreme Court,” and the sad fact is that its judgments matter far more than those of the highest courts in many sovereign nations. Yet the board also tacitly acknowledged today that it is a Potemkin court—nothing more than an advisory service to a company that doesn’t have to take any notice of anything it says. It can try to solve Facebook’s problems, but it can’t solve the problem of Facebook.

Which is this: Lives depend on what unnamed, unelected people in a single corporation decide is acceptable speech, based on rules that were drawn up in secret and in response to situations no one could have envisaged in a dorm room in Cambridge, Massachusetts, in February 2004. With more than 2 billion users, Facebook is setting speech standards around the world. What applies to Trump will have to apply to Narendra Modi of India, and Rodrigo Duterte of the Philippines, and any other leader inclined to use this powerful platform for their own ends. American lawmakers have consistently failed to grapple with the unprecedented challenges posed by regulating Facebook, and sometimes they barely seem to understand what it does. For now, the board is the best restraint we have—but that isn’t saying much.

Facebook set up the oversight board in 2018, in response to a rash of bad headlines, and the board began operation a month before the 2020 U.S. election. It is funded (through an arm’s-length trust) by Facebook. The cases it considers are referred to it by Facebook, and it relies on Facebook for the information needed to investigate them. Of the 46 questions the board asked Facebook about Trump’s suspension, the company declined to answer seven entirely and two partially—including whether its design decisions contributed to the events of January 6. The board is not supposed to offer unsolicited advice like “Hey, have you guys ever thought that the way the News Feed functions might be bad for democracy?” or “Is it possible that Facebook is too big and too dominant to exist?” The oversight board cannot make laws, or set broader policies. And unlike a real court, it has no powers to compel Facebook to testify, or to disclose evidence, or indeed to do anything at all.

Yet this is the forum in which the next U.S. election may be decided. Trump believes that getting back on Facebook is “the linchpin to his fundraising and online political strategy,” according to Jonathan Swan and Sara Fischer of Axios. The former president spent $160 million on Facebook ads in 2020, compared with $117 million by Joe Biden, and submitted a lengthy appeal to the board, arguing that his suspension was unfair. He misses being on social media so much that his team created a weird blog encouraging readers to reshare its posts on services from which he is banned.

The political historian David Runciman closes his book How Democracy Ends with a provocative thought: He argues that Facebook’s drive to maximize profits above other considerations, the way it rewards populist politicians, and its nourishment of conspiracy theories makes “Mark Zuckerberg a bigger threat to American democracy than Donald Trump.” The latest ruling does nothing to dispel the idea of Zuckerberg—Facebook’s founder, CEO, and effectively its controlling shareholder—wielding huge, arbitrary power over billions of users. The ostensible reason for Trump’s suspension was, bizarrely, his telling the rioters, “We love you” and “You’re very special” as he urged them to go home. These statements “violated Facebook’s rules prohibiting praise or support of people engaged in violence.” Okay, sure, but that was the red line? Not Trump’s earlier posts urging protesters to converge on Washington, D.C., to “Stop the Steal”? Compared with the pantheon of Trump’s offenses, this is like getting Al Capone for his taxes.

The impression you get from the ruling is that Facebook had no agreed-upon procedures in place to deal with the possibility of a sitting president congratulating rioters who were challenging an election that the same president had told them was rigged. When the sitting president in question was Donald Trump, this seems like something Facebook might have planned for. But also, in a sane world, why should it have to—and why should the actions of a single corporation matter so much to American democracy? Instead, you imagine a scenario straight out of a James Bond movie: Mark Zuckerberg nervously sitting in front of a big red button, waiting until the political and commercial pressure became unbearable, then finally zapping Trump’s account.

The oversight board represents a heroic attempt to solve an unsolvable problem: concentrated, unaccountable power. That doesn’t mean it shouldn’t try, and today’s ruling is a welcome attempt to find a constructive way forward. The judgment concludes by urging Facebook to undertake a “comprehensive review” of whether its policies contributed to the narrative of a stolen election, the violence at the Capitol on January 6, and “the design and policy choices that Facebook has made that may enable its platform to be abused.” That is entirely correct. There’s just one tiny problem: If Facebook refuses, there is absolutely nothing the board can do about it.
Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Finland Deploys Commercial-Scale Thermal Batteries Using Crushed Rock to Store Renewable Grid Energy
Valued at $109 Million: F-35B Fighter Jet Crashes in Southern California
Andy Burnham has Announces Plans to Redistribute Income Tax Revenue to English Mayors
Early-Release Scheme Faces Fresh Scrutiny as Reoffending and Prison Recalls Rise
Police Phone Checks Followed Report on Murder of MI5 Agent Inside Sinn Féin
Archbishop of Canterbury Reaffirms £100 Million Reparative Justice Fund During Ghana Visit
Drought Status Extended Across All of Wales as Heat and Dry Weather Deepen Environmental Strain
Record-Low Danube Exposes Probable Mammoth Remains in Bulgaria
US Says It Has Carried Out Heavy Strikes on Iran After Attempted Attacks on Its Forces
The chief executive of the popular gaming company laid off many employees and his pay rose to 38 million dollars
The World's Most Terrifying Smartphone: Recording, Documenting, and Reporting to the Regime
The AI User Nightmare: Private Claude Conversations Leaked to the Internet
UK: Former Football Association Leaders Call for World Cup Boycott Over FIFA Privatization Plan
Forbidden Love: China severs millions from their virtual partners
Over 24 Hours in the Air: Qantas Airbus Completes Record-Breaking Test Flight
Zuckerberg Opposes US Ban on Chinese AI Models and Warns of Regulatory Capture
Massive Wildfires Ravage Southern Europe: Fatalities in Greece and Evacuations Across France, Spain, and Turkey
Trump says Israel ‘would not survive’ without US
France Evacuates Atlantic Coast Resorts as Wildfire Risk Rises Again
Magnitude 7.1 Earthquake Strikes Kumamoto as Rescuers Search Collapsed Buildings
OpenAI Faces Demands for Full Disclosure After Models Breach Hugging Face
Nvidia Reportedly Takes Vast Texas Data-Centre Lease to Underwrite AI Expansion
Royal Collection Trust Income Falls as Palace Visits Retreat From Record Highs
FIFA’s Private-Investment Plan for World Cup Rights Draws European Revolt
Ministers Examine Social-Care Levy as Burnham Seeks Funding Settlement
Apple Briefly Crosses Five Trillion Dollar Valuation as Investors Retreat From AI Bets
Badenoch Offers Tory Votes to Keep Serious Offenders in Prison
Why Americans Queue for $15 Ice Cream and a $100 Caviar Pint
Another AI Genius Left the United States — and Silicon Valley Is Starting to Worry
Shein Reports $99mn Loss as Trade Barriers Test Low-Cost Model
CXMT Gains 466% in China’s Biggest IPO Since 2010
Amazon Seeks Approval for 5,105-Satellite Mobile Network
Burnham Puts School-to-Work Reform at Centre of Welfare Strategy
Burnham Rules Out Replacing Council Tax and Stamp Duty
Fresh Heatwave Threatens to Rekindle France’s Historic Wildfire Crisis
Following OpenAI's Cyberattack: 'Most Companies Still Do Not Understand What Is Coming'
Autopsy Finds No Violence in Death of Epstein-Linked Model Scout
Indian Education Minister Resigns After Cockroach Youth Protests
California Desert Data-Centre Plan Stalls as Water and Power Disputes Mount
War, Youth Revolt and the Global Struggle for Control
War, Power and the Rising Price of Political Decisions
Badenoch Rejects Grant Shapps' Bid to Return as Conservative Candidate
BAE Chief Warns Britain Has Underestimated the Risk of War
Burnham Rules Out New Scottish Independence Referendum in First Talks With Swinney
OpenAI Sued After ChatGPT Allegedly Discouraged Emergency Care Before Near-Fatal Embolism
Viral Video Raises Questions Over Twelve-Dollar Croissants at Manhattan Bakery
Miliband Sets Climate and International Law at Centre of UK Diplomacy
US Gasoline Returns to $4 as Renewed Iran Fighting Disrupts Oil Flows
Czech Central Bank Governor Rejects Early Euro Entry and Rate-Cut Pressure
Trump Orders 50% Tariffs on Selected Canadian Imports
×