London Daily

Focus on the big picture.
Monday, Feb 23, 2026

A Facebook Watchdog Group Appeared To Cheer A Law That Could Hurt Journalists

A Facebook Watchdog Group Appeared To Cheer A Law That Could Hurt Journalists

The Real Facebook Oversight Board wants content moderation, and it wants it now. What happens when journalists are targeted?

In the extended universe of the techlash, the Real Facebook Oversight Board presents itself as the Avengers.

The members of the group, described on its website as a “‘Brains Trust’ to respond to the critical threats posed by Facebook’s unchecked power,” were summoned from the four corners of the internet by Carole Cadwalladr, the activist British journalist who broke the Cambridge Analytica scandal.

(The group is not affiliated with Facebook and was started last year in confusingly named opposition to Facebook’s creation of its official Oversight Board, or, colloquially, “Facebook Supreme Court.”)

They include some of the biggest names and loudest voices in the movement to hold tech platforms accountable for their influence: people like Shoshana Zuboff, who invented the idea of “surveillance capitalism”; Roger McNamee, the early Facebook investor who has been publicly critical of the company; Yaël Eisenstat, the ex-CIA officer and former head of election integrity operations for political ads at Facebook; and Timothy Snyder, the Yale historian of fascism.

So it was strange to see this superteam on Wednesday tweeting in what appeared to be a celebratory fashion a decision from the Australian High Court (the country's version of the Supreme Court) that does nothing directly to check Facebook’s power while harming the interests of the press.

The Real Facebook Oversight Board only wrote one word in response to the news, "BOOM," followed by three bomb emojis. But that one word is revealing, not just of a mindset among some tech critics that removing unwanted content inherently creates a positive impact, but of the reality that the interests of journalists are not always aligned — as has largely been assumed — with the most prominent critics of the platforms.

In a statement, a spokesperson for the Real Facebook Oversight Board disputed BuzzFeed News' characterization of the "BOOM" tweet, writing, "We made no comment on the law, and have not taken a position on it. The position attributed to us in this column is simple false."


The 5–2 decision, which came down earlier this week, lays the foundation for defamation suits against Facebook users for comments left on their pages. That means Australian news organizations — and potentially all Australians on social media, though it’s unclear for now — could be responsible for defamatory comments left under their posts on the platform, even if they aren’t aware the content exists.

To avoid lawsuits, these newsrooms may have to shut down comments on their Facebook pages or shift resources from newsgathering to fund content moderation on a massive scale. That’s about as far from the United States’ permissive legal regime for internet content — the one many critics of social media’s influence loathe — as it gets. This is, as Mike Masnick wrote for Techdirt, “the anti-230,” Section 230 being the controversial part of the Communications Decency Act which, with a few exceptions, protects websites from being sued in the United States for content created by its users. “It says if you have any role in publishing defamatory information, you can be treated as the publisher.”

The ruling, meanwhile, says nothing about Facebook’s liability for hosting defamatory content.

“Every major internet company now has a group of haters who will never be satisfied,” said Eric Goldman, who codirects the High Tech Law Institute at the Santa Clara University School of Law. “They are opposed to anything that would benefit their target. It leads to wacky situations.”

One such wacky situation: Fox News and the Wall Street Journal have spent years attacking Section 230 for protecting the platforms they allege are prejudiced against conservatives. Now their owner, Rupert Murdoch, potentially faces a new universe of defamation claims in the country of his birth, where he still owns a media empire.

Another: A tech watchdog group that includes Laurence Tribe, the constitutional law scholar, and Maria Ressa, the Filipina journalist who has been hounded by the Duterte regime through the country’s libel laws, has released a favorable public statement about the expansion of defamation liability — an expansion that, as Joshua Benton suggested at Nieman Lab, presents a tempting model for authoritarians around the world.

Started in September 2020, the Real Facebook Oversight Board promised to provide a counterweight to the actual Oversight Board. Itself a global superteam of law professors, technologists, and journalists, the official board is where Facebook now sends thorny public moderation decisions. Its most important decision so far, to temporarily uphold Facebook’s ban of former president Trump while asking the company to reassess the move, was seen paradoxically as both a sign of its independence and a confirmation of its function as a pressure relief valve for criticism of the company.

On its website and elsewhere, the Real Facebook Oversight Board criticizes the original board for its “limited powers to rule on whether content that was taken down should go back up” and its timetable for reaching decisions: “Once a case has been referred to it, this self-styled ‘Supreme Court’ can take up to 90 days to reach a verdict. This doesn’t even begin to scratch the surface of the many urgent risks the platform poses.” In other words: We want stronger content moderation, and we want it faster.

Given the role many allege Facebook has played around the world in undermining elections, spreading propaganda, fostering extremism, and eroding privacy, this might seem like a no-brainer. But there’s a growing acknowledgment that moderation is a problem without a one-size-fits-all solution, and that sweeping moderation comes with its own set of heavy costs.

In a June column for Wired, the Harvard Law lecturer evelyn douek wrote that “content moderation is now snowballing, and the collateral damage in its path is too often ignored.” Definitions of bad content are political and inconsistent. Content moderation at an enormous scale has the potential to undermine the privacy many tech critics want to protect — particularly the privacy of racial and religious minorities. And perhaps most importantly, it’s hard to prove that content moderation decisions do anything more than remove preexisting problems from the public eye.

Journalists around the world have condemned the Australian court’s decision, itself a function of that country’s famously soft defamation laws. But the Real Facebook Oversight Board’s statement is a reminder that the impulses of the most prominent tech watchdog groups can be at odds with a profession that depends on free expression to thrive. Once you get past extremely obvious cases for moderation — images of child sexual abuse, incitements to violence — the suppression of bad forms of content inevitably involves political judgments about what, exactly, is bad. Around the world, those judgments don’t always, or even usually, benefit journalists.

“Anyone who is taking that liability paradigm seriously isn’t connecting the dots,” Goldman said.

Newsletter

Related Articles

0:00
0:00
Close
UK Police Officers Guarded 2010 Epstein Dinner Attended by Prince Andrew, Reports Say
US Trade Representative Affirms Commitment to Existing Tariff Agreements with UK and Other Partners
Activists at the Louvre hung a framed Reuters photograph of Andrew Mountbatten-Windsor slumped in the back of a car leaving a police station on the day of his arrest
The royal biographer said that he expected the police to 'look at the money trail' - including Sarah Ferguson borrowing money from Epstein
A Protestor screams in NYC: “Bill Gates is on the Epstein’s List…”
FBI and Secret Service Hold Press Conference After Shooting Incident at Mar-a-Lago
Mark Zuckerberg Testifies in Trial Over Social Media's Impact on Children's Mental Health
Maggie Oliver exposes Keir Starmer using letters to close child rapists investigations
Kouri Richie's wrote a children’s book to help her sons grieve the death of their father. Now she’ll stand trial for his murder
New York Braces for Major Snowstorm With Up to 18 Inches Forecast and Blizzard Warnings Issued
Mexican Military Kills CJNG Leader Nemesio Oseguera Cervantes as Violence Erupts Across Jalisco
Metropolitan Police Deploys Palantir-Powered AI to Flag Potential Officer Misconduct
UK Parliament Rebukes Police Over Ban on Israeli Football Fans
Britain Emerges Among a Small Group of Nations Without a Religious Majority
UK’s Manufacturing Base at Risk as Soaring Energy Costs Weigh on Industry
Matt Goodwin’s Unconventional Campaign for Reform UK in the Gorton and Denton By-Election
US Military Movements in the UK Spark Speculation Over Preparations Related to Iran Tensions
UK Faces Significant Economic Risk From Trump’s New Global Tariff Regime
UK Defence Secretary Signals Intent to Deploy British Troops to Ukraine
UK Students Mark Lunar New Year as Universities Adjust to New Equality Compliance Rules
UK Government Weighs Removing Prince Andrew from Line of Succession After Arrest
Prince Andrew’s Arrest in UK Rekindles Scrutiny Over US Handling of Epstein Records
Trump’s Strategic Warning to UK Over Chagos Islands Deal Sparks Diplomatic Whiplash
Starmer Government Postpones Local Elections Affecting 4.5 Million Voters
UK Economy Remains Fragile Despite Recent Upturn in Headline Indicators
UK Businesses Face Fresh Uncertainty Following US Tariff Ruling
Reform UK’s Senior Figures Face Scrutiny Over Remarks on Women and Family Policy
UK Electric Vehicle Drive Threatened by Shortage of 44,000 Qualified Technicians
University of Kentucky Trustees Advance Academic Reforms and Approve Coliseum Plaza Purchase
Boris Johnson Calls for Immediate Deployment of UK Troops to Support Ukraine
OpenAI CEO Sam Altman praises the rapid progress of Chinese tech companies.
North Korea's capital experiences a significant construction boom with the development of a new city district dubbed 'Pyonghattan'.
New electric vehicle charging service eliminates waiting times
Vox Populi confronts Justin Trudeau at Davos over vaccination policies
Poland's President Karol Nawrocki ENDS support for Ukrainian citizens:
The mayor of Rotherham in Britain
One day after ex-Prince Andrew's arrest, British police are searching his former home, while U.K. lawmakers will consider introducing legislation to remove him from the line of royal succession
Vandana Shiva reminding the world that Bill Gates did not invent anything.
Italy's PM Giorgia Meloni highlights record employment and economic growth
UK Confirms Preferential U.S. Trading Terms Will Continue After Supreme Court Tariff Ruling
U.S. and U.K. to Hold Talks on Diego Garcia as Iran Objects to Potential Military Use
UK Officials Weigh Possible Changes to Prince Andrew’s Position in Line of Succession Amid Ongoing Scrutiny
British Police Probe Epstein’s UK Airport Links and Expand High-Profile Inquiries
The Impact of U.S. Sanctions on Cuba's Humanitarian Crisis: A Tightening Noose
Trump Directs Government to Release UFO and Alien Information
Trump Signs Global 10% Tariffs on Imports
United Kingdom Denies U.S. Access to Military Base for Potential Iran Strike
British Co-founder of ASOS falls to his death from Pattaya apartment
Early 2026 Data Suggests Tentative Recovery for UK Businesses and Households
UK Introduces Digital-First Passport Rules for Dual Citizens in Border Control Overhaul
×