Brussels, Belgium —Today, May 5, 2021, the Facebook Oversight Board upheld the ‘deplatforming’ of Donald Trump from Facebook and Instagram, finding Facebook’s decision to be necessary and
proportionate. Access Now welcomes this decision, but is alarmed by the Facebook Oversight Board’s statement that it was
not appropriate for Facebook to impose an indefinite suspension without sufficient clarity in Facebook’s terms and
procedures — even with Trump’s history of using the platforms to incite violence and spread disinformation. Facebook
should clarify its rules and procedures on this issue immediately.
Access Now deemed Facebook’s decision to suspend Donald Trump’s account in January 2021 a necessary and proportionate
response. Under the international human rights framework, incitement to violence and hatred allow for the application of
last resort measures to guarantee public safety. As a number of experts note, since the 2020 U.S. presidential campaign, Trump spread false theories of voter fraud, and encouraged violent
insurrection on January 6, 2021. Such forms of expression are not covered by the right to freedom of expression and
opinion. And, the fact these outbursts remained online, proves Facebook’s inability to moderate Trump’s content.
"Access Now supports the Facebook Oversight Board’s decision to keep Trump off its platforms. Power and privilege cannot
buy you free rein to attack democratic discourse — in this case, spreading dangerous disinformation and inciting
violence," said Eliska Pirkova, Europe Policy Analyst at Access Now. "However, it is unclear whether Trump’s long record of fomenting discrimination against marginalised groups and
spreading disinformation could justify an indefinite suspension."
Today’s decision lacks meaningful transparency about how Facebook’s algorithmic content curation, interface design, and
policies could have amplified Trump’s content. Despite the fact that the Board requested this information from the
social media giant, Facebook refused — again and again — to disclose the data. Transparency is an essential prerequisite
for public oversight of Facebook's decision-making processes that have global and far-reaching consequences. Due to
Facebook’s refusal to share this essential information, the decision fails to answer crucial questions about how
Facebook’s systems impact democratic public discourse.
The Facebook Oversight Board is not an independent judicial authority, and therefore cannot replace independent public
oversight that has democratic legitimacy.