By Matt O'Brien and Barbara Ortutay
Former President Donald Trump won’t return to Facebook — at least not yet.
The social network’s quasi-independent Oversight Board voted to uphold his ban from the platform after his account was suspended four months ago for inciting violence that led to the deadly Jan. 6 Capitol riot. But in a statement, it faulted Facebook for the way it made the decision and called its “indefinite” suspension of Trump unreasonable and unworkable.
The board said Facebook sought to avoid its responsibilities by applying “a vague, standardless penalty” and then referring the case to the board to resolve.
“Indefinite penalties of this sort do not pass the international smell test," oversight board co-chair Michael McConnell said in a conference call with reporters. “We are not cops, reigning over the realm of social media.”
The board agreed with Facebook that that two of Trump’s Jan. 6 posts “severely violated” the content standards of both Facebook and Instagram.
“We love you. You’re very special,” he said to the rioters in the first post. In the second, he called them “great patriots” and told them to “remember this day forever.” Those violated Facebook’s rules against praising or supporting people engaged in violence, the board said.
Helle Thorning-Schmidt, a former Danish prime minister who sits on the board, said in the call that Facebook shirked its responsibility to enforce its own rules. “Facebook should either permanently disable Trump’s account or impose a suspension for a specific period of time,” she said.
Thorning-Schmidt said Facebook can’t just invent “new unwritten rules” for special users when it suits the company while everybody else has to follow their standards. “They did get it right, but they can’t have a penalty that’s indeterminate because that’s not in their own rules,” she said.
Reaction from Trump allies was swift.
“It’s a sad day for America. It’s a sad day for Facebook,” former Trump chief of staff Mark Meadows said on Fox News as the news was breaking. Meadows said the decision increases the odds of government action against Big Tech.
“Break them up,” tweeted Rep. Jim Jordan, a close Trump ally and the top Republican on the House Judiciary Committee.
A Trump spokesman did not immediately respond to a request for comment.
The board gave Facebook six months to reexamine the “arbitrary penalty” it imposed on Jan. 7 and decide on another penalty that reflects the “gravity of the violation and the prospect of future harm.”
It didn't say exactly how Facebook should do that, but offered a number of recommendations. One advised against drawing a firm distinction between political leaders and other influential users because anyone with a big audience can potentially cause serious risks of harm.
Among the board’s recommendations is that considerations of a political leader’s “newsworthiness” shouldn’t take priority when the company must take urgent action to prevent harm. Facebook has said it didn’t consider newsworthiness in its Trump decision, but the board said there remains widespread confusion about Facebook’s handling of influential users.
The board also says Facebook should publicly explain the rules that it uses to sanction influential users, and emphasized the need for time-bound suspensions and clear rules on how they can be lifted. The board says the new penalty must be “clear, necessary and proportionate” and consistent with Facebook’s rules for severe violations.
The board says if Facebook decides to restore Trump’s accounts, the company must be able to promptly address further violations.
The board, which has 20 members and will eventually grow to 40, did not reveal how it voted. It said a minority of members emphasized that Facebook should require users who seek reinstatement after being suspended to “recognize their wrongdoing and commit to observing the rules in the future.”
The board said it considered a wide range of information, including 9,666 public comments from organizations and individuals. That included a statement from a Trump representative on his behalf.
Trump has also been permanently banned from Twitter.
Associated Press Writer Jill Colvin contributed to this story.
Updated May 5, 2021 at 10:30 a.m. ET with additional details and corrects to note that the board didn't uphold a permanent ban of Trump.
