Meta’s Oversight Board Adopts International “Norms” Instead of US Free Speech Principles
Didi Rankovic
May 14, 2024
In a world where international law (a set of ratified documents) is being rapidly replaced with narratives about a “rules-based system,” it is no wonder that US tech giants like Meta choose to set their free speech “baseline” not on their country’s Constitution, but on “international human rights norms.”
The less clarity there is, the more space for abuse and biased interpretation, critics might say. But Meta Oversight Board member Kenji Yoshino is satisfied that this is the right approach, and even spelled it out.
“Our baseline here is not the US Constitution and free speech, but rather international human rights norms,” Yoshino recently told the National Constitution Center, a private nonprofit.
Such bold statements require bold justification, and so this Oversight Board member noted that in terms of free speech “values” the US is “an outlier,” while Meta’s global reach means it must adjust its policies accordingly.
There are plenty of openly authoritarian regimes out there, with their own “free speech values,” but when Yoshino – from the William J. Brennan Center for Justice – spoke about “striking a balance” between US law and international “norms” – he chose to mention the palatable to his audience example of Europe.
What’s striking in this context, however, is that in many, if not all European countries, “hate speech” is criminalized, unlike in the US. It isn’t clear from Yoshino’s statements how a balance between such different approaches to speech can even be achieved in a social platform’s guidelines, particularly around elections.
But, that is the explanation for why the giant chooses not to make the First Amendment its “baseline.”
https://reclaimthenet.org/metas-oversig ... principles