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Facebook’s Trump ban can stay in place, says Oversight Board

Donald Trump’s ban from Facebook and Instagram has been upheld by Facebook’s Oversight Board. In a statement, the Board said that it was “justified” to restrict access to his account, but that the “indeterminate and standardless penalty” was not. In short, while Facebook acted properly in the short-term, it cannot simply decide to permanently ban a user without a policy explaining why.

In its findings, the Board said that the “indefinite” suspension was not appropriate because it’s not permissible for Facebook to hand out arbitrary bans. Because Facebook has no defined policies and procedure in this area, and indefinite suspensions are not outlined in the company’s policies, the Board has called on Facebook to “review this matter” and “justify a proportionate response that is consistent” with the company’s rules. It added that Facebook had a responsibility to “create necessary and proportionate penalties” to deal with severe violations of its rules.

In a statement, the Board said that it was “justified” to restrict access to his account, but that the “indeterminate and standardless penalty” was not. In short, while Facebook acted properly in the short-term, it cannot simply decide to permanently ban a user without a policy explaining why.

In its findings, the Board said that the “indefinite” suspension was not appropriate because it’s not permissible for Facebook to hand out arbitrary bans. Because Facebook has no defined policies and procedure in this area, and indefinite suspensions are not outlined in the company’s policies, the Board has called on Facebook to “review this matter” and “justify a proportionate response that is consistent” with the company’s rules. It added that Facebook had a responsibility to “create necessary and proportionate penalties” to deal with severe violations of its rules.

Trump attempted to escape the influence of platforms entirely by launching a new “communications platform” on his campaign website mimicking a Twitter feed. Supporters are encouraged to sign up for post alerts with their emails and phone numbers.

The US remains divided on whether Trump should be allowed back onto social media according to a report issued Wednesday by the Pew Research Center, which saw 49 percent of US adults agree that Trump’s accounts should be permanently banned.

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