Most recently, placing board members on par with journalists, academics, and other members of civil society, the board characterized its work as a mere “part” of a “collective effort” to steer Facebook towards greater transparency. In stark contrast, Oversight Board uses more narrow terminology to describe itself, using little more than its own highly suggestive name and sharply defined contractual terms. Oversight Board has been referred to as “an elaborate structure for a supposedly independent body to review…content decisions” and “a group of own making.” It has also been called an “independent body,” an “independent panel,” and a “quasi-independent oversight board.” Some reports have gone so far as calling it Facebook’s “Supreme Court,” “a quasi-judicial organization,” or even an “international human rights tribunal.” These descriptions are neither fitting nor accurate. Press reports have referred to Facebook’s Oversight Board using a range of descriptors from the cynical to the ridiculous. This article is the third in a series on intersections between business law and the rule of law and their importance for business lawyers, created by the American Bar Association Business Law Section’s Rule of Law Working Group. Diversity and Inclusion in the Profession. Recent Developments in Business and Corporate Litigation.Business Regulation & Regulated Industries.Business Litigation & Dispute Resolution.
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