London Daily

Focus on the big picture.
Friday, Oct 09, 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

0:00
0:00
Close
UK and Germany Finalize Kensington Treaty to Strengthen Defense and Technology Cooperation
Britain Maintains Diplomatic Mission in East Jerusalem Despite Israeli Closure Deadline
English Councils Push Government to Rethink Proposed Funding Cuts
Scottish Homebuilding Falls to Lowest Level in 11 Years
BBC Chief Matt Brittin Defends Restructuring as Staff Challenge Job Cuts
UK Finance Warns High Energy Costs and Bond Yields Are Complicating Fiscal Outlook
UK Adopts All 44 Recommendations on Regulating AI in Healthcare
Chancellor John Healey Prepares Autumn Budget as Borrowing Costs Strain Public Finances
UK Investigators See Strong Indications of Iranian Link After RAF Fairford Security Operation
Laura Trott Pledges Tighter Controls on Political Activism in UK Classrooms
Welsh Ministers Launch Long-Term Review of North Wales and Anglesey Crossings
Welsh Government Orders 18-Month Study of Road Solutions Around Newport
Reform UK MP Sarah Pochin Faces Scrutiny Over £800,000 Second Home Purchase
British Households Grow More Concerned About Fuel and Energy Prices
NHS Leaders Warn of Rising Winter Pressure on Emergency Departments
Kemi Badenoch Proposes £2.3 Billion Employer National Insurance Cut for Young Workers
Middle East Conflict Could Erase UK Fiscal Headroom, Economists Warn
Manchester City Found Guilty of Multiple Premier League Financial Rule Breaches
UK Security Services Find Strong Indications of Iranian Role in RAF Fairford Incident
Costa Coffee Returns to Operating Profit on Iced Drinks and Menu Changes
Asos Warns Customers After Unauthorized Access to Retail App and Data
Kemi Badenoch Puts Growth and Deregulation at Center of Conservative Conference
Campaigners Warn of Deepening Social Care Crisis for Disabled Adults
Study Finds Rising Early-Onset Cancer Rates Among Adults Under 50 in Britain
UK Coach Operators Warn High Diesel Prices Could Force Route Cuts
FCA Opens Independent Review Into Handling of Epstein-Linked Whistleblower Case
Argentina Vows to Block Falkland Islands Offshore Oil Development
UK Chancellor Prepares Fiscal Measures and Welfare Reforms Ahead of Autumn Budget
Sainsbury’s and Morrisons Explore Potential Multi-Billion-Pound Merger
UK Weighs Tariffs on Chinese Electric Vehicles to Align With European Union
UK Threatens Diplomatic Expulsions Over Planned Closure of East Jerusalem Consulate
UK Energy Price Cap Hits Three-Year High as Middle East Conflict Raises Costs
Seventh Arrest Made in Suspected Terror Plot at RAF Fairford
Systemic Education Collapse Sparks Mass Student Uprisings in France
Green Party Faces Backlash Over Resolution Equating Zionism With Racism
Conservatives Debate Scrapping Environmental Rules for New Homes
Cornwall Insight Warns UK Energy Bills Could Approach £2,000 This Winter
UK Coach Operators Warn of Service Cuts as Diesel Prices Exceed £2
Scottish Parliament Approves £68 Billion Budget With New Tax and Property Measures
FCA Opens Independent Review Into Handling of Epstein Whistleblower
UK Government Drops Plan to Suspend Jury Trials in England and Wales
Bank of England Holds Interest Rate at 3.75% as Markets Watch November
Two Iranian Nationals Charged Over Alleged Plot Targeting Manchester Jewish Community
UK Fiscal Headroom Halves to £11 Billion Ahead of Budget, EY Warns
US Bomber Withdrawal From RAF Fairford Prompts UK Security Review
Sarah Wakfer Appointed Chair of Northern Ireland’s Health and Care Regulator
Scotland Housing Completions Fall to 11-Year Low Amid National Shortage
UK Water Companies Face Tougher Oversight and Unannounced Regulatory Inspections
Middle East Conflict Pushes UK Fuel and Wholesale Energy Prices Higher
Andy Burnham Raises Prospect of Second Brexit Referendum in Review of UK-EU Relations
×