Facebook & Instagram Oversight Panel Review Process

Facebook Oversight Board Expands Review Capabilities

Facebook’s self-governing “Oversight Board” (FOB) has declared a change in its operational procedures. This adjustment appears to be a response to critiques concerning the limitations of the content-moderation review organization. The Board now states it is beginning to accept appeals from users regarding decisions to maintain content on both Facebook and Instagram.

Addressing Previous Limitations

This development broadens the FOB’s scope beyond solely reviewing content removals – a restriction that critics argued aligned the Board with the financial motivations of its parent company. Increased user engagement, even with controversial material, benefits Facebook’s business model by driving clicks and extending viewing times.

The FOB explains that users previously could appeal content they believed should be restored. Now, appeals can also be submitted for content users feel should be removed from the platforms. The Board affirms it will employ its independent assessment to determine what content remains published and what is taken down.

Binding Decisions and Phased Rollout

“Our decisions will be binding on Facebook,” the Board confirms. The ability to appeal content that Facebook has chosen not to remove is being implemented across all regions. However, Facebook indicates that full access for all users will be rolled out “in waves” over several “weeks” to ensure a stable user experience.

Limitations of the Expanded Role

While the FOB can now request the removal of content from Facebook and Instagram – effectively reversing prior company decisions not to remove content – it lacks the authority to compel Facebook to adopt broader changes to its content moderation policies.

Facebook has only committed to adhering to the Board’s final decisions on individual reviews, not to its policy recommendations. This limits the FOB’s capacity to significantly influence Facebook’s overall approach to speech regulation.

Continued Dependence on Facebook

The entire effort remains intrinsically linked to Facebook, which established and structured the FOB. The company drafted the Board’s charter and bylaws and initially selected its members, maintaining considerable control over its self-regulatory mechanism and its connection to the ad-targeting business.

Resource Constraints and Case Selection

The FOB’s ability to review content that is kept online is also limited by its finite resources. It can only examine a minuscule fraction of the content on Facebook and Instagram, meaning it cannot address the vast majority of moderation concerns.

The Need for True Independence

For an oversight body to effectively constrain Facebook’s power, it would require substantial legal authority. It should be able to examine all facets of Facebook’s operations, not just user-generated content, and operate with genuine independence from the company. Furthermore, it would need the power to enforce its rulings and impose sanctions.

Essentially, such a body needs to function as a public entity, serving the public interest.

A Bespoke Bureaucracy

Instead, Facebook has invested in creating this specialized bureaucracy that aligns with its speech objectives. While simultaneously fighting democratic regulatory oversight and compliance, the company has selected and compensated external experts to conduct content reviews as part of its public relations strategy.

Speech-Maximizing Tendencies

Consequently, the FOB has generally leaned towards maximizing speech, while also expressing frustration with the limited scope of its authority.

Pending Decision on Donald Trump’s Ban

Currently, the Board is deliberating on whether to overturn Facebook’s indefinite ban on former U.S. President Donald Trump. If the ban is reversed, Facebook users will not have the ability to appeal the reinstatement of Trump’s account.

The only recourse would be to report any future content from Trump to Facebook for violating its policies. If Facebook declines to remove such content, users could then request an FOB review. However, there is no guarantee that the Board will accept these requests. Reinstating Trump could also potentially make the Board less inclined to accept reviews of his content, at least initially, to maintain a diverse range of cases.

Requesting Oversight Board Review When Content Remains Online

When a user believes content on Facebook or Instagram should be removed but it remains accessible, the initial step involves reporting the content directly to the platform.

Should Facebook determine the content does not violate its policies, the individual who submitted the report will be provided with an Oversight Board Reference ID. This ID, a 10-character string starting with “FB”, will be delivered to their Support Inbox and is crucial for appealing the decision.

The appeal process requires several steps. Following the prompts displayed on screen, the user will be directed to the Oversight Board website.

Upon arrival, they must log in using the Facebook or Instagram account associated with the Reference ID. Subsequently, they will be prompted to answer questions detailing the rationale behind their initial report.

These responses are intended to provide the Oversight Board with a comprehensive understanding of why the user believes Facebook’s decision was incorrect.

After submitting the appeal, the Oversight Board assesses whether to review the case. The Board only accepts a limited number of appeals for review, and Facebook has not publicly disclosed the acceptance rate of submissions.

Therefore, the likelihood of any individual appeal being successful remains uncertain. The exact proportion of accepted appeals versus total submissions is currently unknown.

Users who have filed an appeal regarding content that was not removed can monitor its status through the Oversight Board’s website. Access is granted by logging in and using the Reference ID.

It’s important to note that there is a time constraint for submitting appeals to the Oversight Board. Facebook’s Help Center states a limited timeframe exists for challenging these decisions.

The specific duration for submitting an appeal is 15 days, as confirmed by Facebook. Once this window closes, the opportunity to appeal is lost.