Human Rights and Social Media Initiative

In 2020, supported by the John S. and James L. Knight Foundation, the Clinic established the Human Rights and Social Media Initiative. The Initiative monitors and assesses developments in the regulation of online content moderation and their impacts on human rights. In particular, the Initiative studies various regulatory models—from State legal schemes to multi-stakeholder initiatives (such as “social media councils”) to company-specific mechanisms. We have focused much of our work on Facebook’s Oversight Board, as a salient development in the regulatory landscape.

 

The Initiative’s activities, to date, include the following:

  • In early 2020, students and faculty conducted a field visit to Silicon Valley, California. They spent two full days at Facebook’s headquarters, interviewing the individuals involved with the Oversight Board’s planning and creation. They also met with civil society organizations following Facebook’s activities to understand their perspectives on the Board.
  • In partnership with Professor Kaye’s mandate as UN Special Rapporteur, the Initiative published a July 2020 report on Freedom of Expression and Oversight in Online Content Moderation. Building on the mandate’s 2018 report on content moderation, this report evaluates major developments in the regulatory space, including various State laws and an emerging social media council, with a particular focus on company initiatives. As a case study, the report provides a preliminary human rights analysis of the structure and functions of the Oversight Board. This report was submitted to the UN Human Rights Council and distributed to global stakeholders, Facebook and members of the Board.
  • During the summer and fall of 2020, the Initiative conducted dozens of online interviews with civil society experts, particularly from the Global South, as well as key staff and several members of the Oversight Board.
  • In the fall of 2020, the Initiative provided support for the organization and hosting of a (virtual) scholarly conference at UCI School of Law, entitled The Transnational Legal Ordering of Privacy and Speech. The conference featured presentations and workshops led by thought leaders on content moderation oversight.
  • Also in the fall of 2020, the Initiative prepared human rights analyses for public consultations on the European Union’s forthcoming Digital Services Act and proposed revisions to Section 230 of the U.S. Communications Decency Act.
  • Throughout the Initiative’s work, faculty members have regularly published on content moderation oversight in various international legal outlets. For example, in May 2020 Professor Kaye published a high-level analysis of the Oversight Board, entitled The Republic of Facebook, on Just Security.

*Working Paper Series* Drawing upon what we learn in our interviews, as well as our detailed legal and factual research, the Initiative is currently working on a series of working papers. These working papers apply an international human rights framework to various aspects of the Oversight Board and other regulatory efforts. The working papers are posted on a rolling basis here. The first working paper is entitled Out of “Site,” Out of Mind: The Facebook Oversight Board’s Exclusion of Non-User Rightsholders.

For more information, please refer to this press story on the Initiative.