So, it happened. One of my facebook friends got "edited". Without any further notice, one of his posts about the Gaza conflict vanished from his wall. The post itself was not really radical, it linked to an official article. In his next post he mentioned this. Three of his friends commented that it had happened to them as well. All posts were about Gaza. None of the users were notified by facebook. I think that this case of "silent editing" presents a fitting topic for “justice everywhere”. A rather familiar theme of justice rears its head here, namely the fundamental right of free speech. Do we have a right to express ourselves freely in social media? Should we?
Facebook’s editing policies have been widely discussed, for instance in the case of a cancer-survivor put her post-mastectomy-pictures up. They were considered pornographic by facebook and consequently removed. Public outrage followed, in the wake of which facebook changed its policy, explicitly allowing post-mastectomy photos. Other incidents included the removal of posts by gay activists or of pictures of artwork or photographs of new-born with a severe birth defect. Most of these cases were not silent, however. Users got notified by facebook.
Facebook explicitly reserves the right to remove content referring to their “community standards” that everyone who joins facebook must agree to. They also state that they do not usually scan posts themselves, but react to complaints by other users that find certain content offensive. The reports are collected by an admin who reviews whether the content does in fact violate facebook’s standards. Thus, not everything that is reported will be removed. Yet, it is ultimately up to facebook to decide what stay’s up and what doesn’t. (Interestingly, facebook has recently outsourced this work to the firm “oDesk”)
The tone of most of the articles I have quoted above displays a strong sense of entitlement: posters are often furious that their content is taken down. It seems that they feel curtailed in their right to express themselves via facebook. Are these claims justifiable? A powerful (mainly legal) counter-argument comes to mind: facebook is not a governmental organisation; it is a private company only bound by the general laws of the countries it operates in. Arguing on the level of political liberalism, a similar argument could be formulated by pointing out that nobody has to join facebook. People join willingly and knowing that facebook is a platform run by a private company. They need to agree to the latter’s terms and conditions (if they bother to read them), they do not need to post anything and they can terminate their account anytime. The latter is often much easier said than done, but still. Thus, users do not seem to possess the right to post whatever they want. If users do not like it, facebook might retort, they can use other platforms.
Regardless, I want to make a case on the basis of considerations of public justice that facebook needs to honour a right to free expression. The main reason is, in simple words, that facebook is just too big and influential to be excluded from further legal and ethical constraints – for example constraints on classic media or the monitoring that companies underlie which have a monopoly. Private persons, companies, newspapers, tv-channels, non-profit organisations etc. use it to spread information, to present themselves or get in contact with each other. Facebook should therefore be treated as the big media player that it is - like google. The latter is already familiar with legal claims.
Based on this general assumption, I like to raise four legal-ethical points to argue why and how facebook should honour the right for free expression.
- Constitutional rights can be applied to non-governmental organisations, as the laws of some countries show. For instance, German and Austrian law describes the model of a so-called “thirdparty effect of constitutional rights”. The effect comes into play when the people involved have possess “very unequal economic and social power”, e.g. in the relationship between employers and employees. Analogously one could argue that the power gap between companies such as google or facebook and their users is large enough to warrant the consideration that users can evoke their constitutional rights
- Since facebook has an enormous bearing on the public debate of political and social issues, it should be subject to media laws and political scrutiny. In analogy to the google case, rights to privacy, to inform themselves freely or not to be harassed need to be respected. Some of them are already part of facebook’s "community standards", but facebook is the only that monitors their enforcement.
- Facebooks own standards formulate obligations to their users. Facebook promises to leave the rights to content in the user’s hand, whenever standards are not violated. If not, they promise to notify the user (s. point 4 below). It should be made sure that facebook adheres to its own standards.
- Transparency presents a prominent principle in procedural justice. People have a right to be informed about the matters that concern them, especially in public interaction and deliberation. If facebook is editing content silently, it clearly violates this right.
What my colleague experienced can, in my view, called “censorship” (a term that is usually reserved for government action) in a strong form. My point is thus that governmental institutions should have a way to interfere in this case. At least they should monitor processes more closely. This includes that facebook discloses it policies and operations. What do you think?