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    Facebook Said to Consider Forming an Election Commission

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    The social network has contacted academics to create a group to advise it on thorny election-related decisions, said people with knowledge of the matter.Facebook has approached academics and policy experts about forming a commission to advise it on global election-related matters, said five people with knowledge of the discussions, a move that would allow the social network to shift some of its political decision-making to an advisory body.The proposed commission could decide on matters such as the viability of political ads and what to do about election-related misinformation, said the people, who spoke on the condition of anonymity because the discussions were confidential. Facebook is expected to announce the commission this fall in preparation for the 2022 midterm elections, they said, though the effort is preliminary and could still fall apart.Outsourcing election matters to a panel of experts could help Facebook sidestep criticism of bias by political groups, two of the people said. The company has been blasted in recent years by conservatives, who have accused Facebook of suppressing their voices, as well as by civil rights groups and Democrats for allowing political misinformation to fester and spread online. Mark Zuckerberg, Facebook’s chief executive, does not want to be seen as the sole decision maker on political content, two of the people said.Mark Zuckerberg, Facebook’s chief executive, testified remotely in April about social media’s role in extremism and misinformation. Via ReutersFacebook declined to comment.If an election commission is formed, it would emulate the step Facebook took in 2018 when it created what it calls the Oversight Board, a collection of journalism, legal and policy experts who adjudicate whether the company was correct to remove certain posts from its platforms. Facebook has pushed some content decisions to the Oversight Board for review, allowing it to show that it does not make determinations on its own.Facebook, which has positioned the Oversight Board as independent, appointed the people on the panel and pays them through a trust.The Oversight Board’s highest-profile decision was reviewing Facebook’s suspension of former President Donald J. Trump after the Jan. 6 storming of the U.S. Capitol. At the time, Facebook opted to ban Mr. Trump’s account indefinitely, a penalty that the Oversight Board later deemed “not appropriate” because the time frame was not based on any of the company’s rules. The board asked Facebook to try again.In June, Facebook responded by saying that it would bar Mr. Trump from the platform for at least two years. The Oversight Board has separately weighed in on more than a dozen other content cases that it calls “highly emblematic” of broader themes that Facebook grapples with regularly, including whether certain Covid-related posts should remain up on the network and hate speech issues in Myanmar.A spokesman for the Oversight Board declined to comment.Facebook has had a spotty track record on election-related issues, going back to Russian manipulation of the platform’s advertising and posts in the 2016 presidential election.Lawmakers and political ad buyers also criticized Facebook for changing the rules around political ads before the 2020 presidential election. Last year, the company said it would bar the purchase of new political ads the week before the election, then later decided to temporarily ban all U.S. political advertising after the polls closed on Election Day, causing an uproar among candidates and ad-buying firms.The company has struggled with how to handle lies and hate speech around elections. During his last year in office, Mr. Trump used Facebook to suggest he would use state violence against protesters in Minneapolis ahead of the 2020 election, while casting doubt on the electoral process as votes were tallied in November. Facebook initially said that what political leaders posted was newsworthy and should not be touched, before later reversing course.The social network has also faced difficulties in elections elsewhere, including the proliferation of targeted disinformation across its WhatsApp messaging service during the Brazilian presidential election in 2018. In 2019, Facebook removed hundreds of misleading pages and accounts associated with political parties in India ahead of the country’s national elections.Facebook has tried various methods to stem the criticisms. It established a political ads library to increase transparency around buyers of those promotions. It also has set up war rooms to monitor elections for disinformation to prevent interference.There are several elections in the coming year in countries such as Hungary, Germany, Brazil and the Philippines where Facebook’s actions will be closely scrutinized. Voter fraud misinformation has already begun spreading ahead of German elections in September. In the Philippines, Facebook has removed networks of fake accounts that support President Rodrigo Duterte, who used the social network to gain power in 2016.“There is already this perception that Facebook, an American social media company, is going in and tilting elections of other countries through its platform,” said Nathaniel Persily, a law professor at Stanford University. “Whatever decisions Facebook makes have global implications.”Internal conversations around an election commission date back to at least a few months ago, said three people with knowledge of the matter. An election commission would differ from the Oversight Board in one key way, the people said. While the Oversight Board waits for Facebook to remove a post or an account and then reviews that action, the election commission would proactively provide guidance without the company having made an earlier call, they said.Tatenda Musapatike, who previously worked on elections at Facebook and now runs a nonprofit voter registration organization, said that many have lost faith in the company’s abilities to work with political campaigns. But the election commission proposal was “a good step,” she said, because “they’re doing something and they’re not saying we alone can handle it.” More

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      Trump Ban From Facebook Upheld by Oversight Board

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      A company-appointed panel ruled that the ban was justified at the time but added that the company should reassess its action and make a final decision in six months.SAN FRANCISCO — A Facebook-appointed panel of journalists, activists and lawyers on Wednesday upheld the social network’s ban of former President Donald J. Trump, ending any immediate return by Mr. Trump to mainstream social media and renewing a debate about tech power over online speech.Facebook’s Oversight Board, which acts as a quasi-court over the company’s content decisions, said the social network was right to bar Mr. Trump after he used the site to foment an insurrection in Washington in January. The panel said the ongoing risk of violence “justified” the move.But the board also said that an indefinite suspension was “not appropriate,” and that the company should apply a “defined penalty.” The board gave Facebook six months to make its final decision on Mr. Trump’s account status.“Our sole job is to hold this extremely powerful organization, Facebook, to be held accountable,” Michael McConnell, co-chair of the Oversight Board, said on a call with reporters. The ban on Mr. Trump “did not meet these standards,” he said.The decision adds difficulties to Mr. Trump rejoining mainstream social media, which he had used during his White House years to cajole, set policy, criticize opponents and rile up his tens of millions of followers. Twitter and YouTube had also cut off Mr. Trump in January after the insurrection at the Capitol building, saying the risk of harm and the potential for violence that he created were too great.But while Mr. Trump’s Facebook account remains suspended for now, he may be able to return to the social network once the company reviews its action. Mr. Trump still holds tremendous sway over Republicans, with his false claims of a stolen election continuing to reverberate. On Wednesday, House Republican leaders moved to expel Representative Liz Cheney of Wyoming from her leadership post for criticizing Mr. Trump and his election lies.Representatives for Mr. Trump did not immediately return requests for comment. On Tuesday, he unveiled a new site, “From the desk of Donald J. Trump,” with a Twitter-like feed, to communicate with his supporters.Mr. Trump’s continued Facebook suspension gave Republicans, who have long accused social media companies of suppressing conservative voices, new fuel against the platforms. Mark Zuckerberg, Facebook’s chief executive, has testified in Congress several times in recent years about whether the social network has shown bias against conservative political views. He has denied it.Senator Marsha Blackburn, Republican of Tennessee, said the Facebook board’s decision was “extremely disappointing” and that it was “clear that Mark Zuckerberg views himself as the arbiter of free speech.” And Representative Jim Jordan, Republican of Ohio, said Facebook, which faces antitrust scrutiny, should be broken up.Democrats were also unhappy. Frank Pallone, the chairman of the House energy and commerce committee, tweeted, “Donald Trump has played a big role in helping Facebook spread disinformation, but whether he’s on the platform or not, Facebook and other social media platforms with the same business model will find ways to highlight divisive content to drive advertising revenues.”The decision underlined the power of tech companies in determining who gets to say what online. While Mr. Zuckerberg has said that he does not wish his company to be “the arbiter of truth” in social discourse, Facebook has become increasingly active about the kinds of content it allows. To prevent the spread of misinformation, the company has cracked down on QAnon conspiracy theory groups, election falsehoods and anti-vaccination content in recent months, before culminating in the blocking of Mr. Trump in January.“This case has dramatic implications for the future of speech online because the public and other platforms are looking at how the oversight board will handle what is a difficult controversy that will arise again around the world,” said Nate Persily, a professor at Stanford University’s law school.He added, “President Trump has pushed the envelope about what is permissible speech on these platforms and he has set the outer limits such that if you are unwilling to go after him, you are allowing a large amount of incitement and hate speech and disinformation online that others are going to propagate.”In a statement, Facebook said it was “pleased” that the board recognized that its barring of Mr. Trump in January was justified. The company added that it would consider the ruling and “determine an action that is clear and proportionate.”Mr. Trump’s case is the most prominent that the Facebook Oversight Board, which was conceived in 2018, has handled. The board, which is made up of 20 journalists, activists and former politicians, reviews and adjudicates the company’s most contested content moderation decisions. Mr. Zuckerberg has repeatedly referred to it as the “Facebook Supreme Court.”But while the panel is positioned as independent, it was founded and funded by Facebook and has no legal or enforcement authority. Critics have been skeptical of the board’s autonomy and have said it gives Facebook the ability to punt on difficult decisions.Each of its cases is decided by a five-person panel selected from among the board’s 20 members, one of whom must be from the country in which the case originated. The panel reviews the comments on the case and makes recommendations to the full board, which decides through a majority vote. After a ruling, Facebook has seven days to act on the board’s decision.Mark Zuckerberg, the Facebook chief executive, testified before during the Senate judiciary committee last year. He has denied that the platform showed political bias.Pool photo by Hannah Mckay/EPA, via ShutterstockSince the board began issuing rulings in January, it has overturned Facebook’s decisions in four out of the five cases it has reviewed. In one case, the board asked Facebook to restore a post that used Joseph Goebbels, the Nazi propaganda chief, to make a point about the Trump presidency. Facebook had earlier removed the post because it “promoted dangerous individuals,” but complied with the board’s decision.In another case, the board ruled that Facebook had overreached by taking down a French user’s post that erroneously suggested the drug hydroxychloroquine could be used to cure Covid-19. Facebook restored the post but also said it would keep removing the false information following guidance by the Centers for Disease Control and Prevention and the World Health Organization.In Mr. Trump’s case, Facebook also asked the board to make recommendations on how to handle the accounts of political leaders. On Wednesday, the board suggested the company should publicly explain when it was applying special rules to influential figures, though it should impose definite time limits when doing so. The board also said Facebook should more clearly explain its strikes and penalties process, and develop and publish a policy that governs responses to crises or novel situations where its regular processes would not prevent imminent harm.“Facebook has been clearly abused by influential users,” said Helle Thorning-Schmidt, a co-chair of the Oversight Board.Facebook does not have to adopt these recommendations but said it “will carefully review” them.For Mr. Trump, Facebook was long a place to rally his digital base and support other Republicans. More than 32 million people followed him on Facebook, though that was far fewer than the more than 88 million followers he had on Twitter.Over the years, Mr. Trump and Mr. Zuckerberg also shared a testy relationship. Mr. Trump regularly assailed Silicon Valley executives for what he perceived to be their suppression of conservative speech. He also threatened to revoke Section 230, a legal shield that protects companies like Facebook from liability for what users post.Mr. Zuckerberg occasionally criticized some of Mr. Trump’s policies, including the handling of the pandemic and immigration. But as calls from lawmakers, civil rights leaders and even Facebook’s own employees grew to rein in Mr. Trump on social media, Mr. Zuckerberg declined to act. He said speech by political leaders — even if they spread lies — was newsworthy and in the public interest.The two men also appeared cordial during occasional meetings in Washington. Mr. Zuckerberg visited the White House more than once, dining privately with Mr. Trump.The politeness ended on Jan. 6. Hours before his supporters stormed the Capitol, Mr. Trump used Facebook and other social media to try to cast doubt on the results of the presidential election, which he had lost to Joseph R. Biden Jr. Mr. Trump wrote on Facebook, “Our Country has had enough, they won’t take it anymore!”Less than 24 hours later, Mr. Trump was barred from the platform indefinitely. While his Facebook page has remained up, it has been dormant. His last Facebook post, on Jan. 6, read, “I am asking for everyone at the U.S. Capitol to remain peaceful. No violence!”Cecilia Kang More

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      A Facebook panel will reveal on Wednesday whether Trump will regain his megaphone.

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      Facebook’s Oversight Board, an independent and international panel that was created and funded by the social network, plans to announce on Wednesday whether former President Donald J. Trump will be able to return to the platform that has been a critical megaphone for him and his tens of millions of followers.The decision will be closely watched as a template for how private companies that run social networks handle political speech, including the misinformation spread by political leaders.Mr. Trump was indefinitely locked out of Facebook on Jan. 7 after he used his social media accounts to incite a mob of his supporters to storm the Capitol a day earlier. Mr. Trump had declined to accept his election defeat, saying the election had been stolen from him.At the time that Facebook barred Mr. Trump, the company’s chief executive, Mark Zuckerberg, wrote in a post: “We believe the risks of allowing the president to continue to use our service during this period are simply too great.”Two weeks later, the company referred the case of Mr. Trump to Facebook’s Oversight Board for a final decision on whether the ban should be permanent. Facebook and the board’s members have said the panel’s decisions are binding, but critics are skeptical of the board’s independence. The panel, critics said, is a first-of-its-kind Supreme Court-like entity on online speech, funded by a private company with a poor track record of enforcing its own rules.Facebook’s approach to political speech has been inconsistent. In October 2019, Mr. Zuckerberg declared the company would not fact check political speech and said that even lies by politicians deserved a place on the social network because it was in the public’s interest to hear all ideas by political leaders. But Mr. Trump’s comments on Jan. 6 were different, the company has said, because they incited violence and threatened the peaceful transition of power in elections.On Monday, Mr. Trump continued to deny the election results.“The Fraudulent Presidential Election of 2020 will be, from this day forth, known as THE BIG LIE!” he said in an emailed statement. More