Facebook’s independent Oversight Board ruled to uphold the company’s January decision to suspend the Facebook and Instagram accounts of former President Donald Trump.

But, the board said, the indefinite timeframe of the suspension “was not appropriate.” The board effectively punted the decision back to Facebook, saying it “insists” the company “review this matter to determine and justify a proportionate response that is consistent with the rules that are applied to other users of its platform.”

The board asked that Facebook complete the review within six months and made suggestions for how to create clear policies that balance public safety and freedom of expression.

“We will now consider the board’s decision and determine an action that is clear and proportionate,” Facebook said in a blog post following the announcement. “In the meantime, Mr. Trump’s accounts remain suspended.”

The case

Facebook first suspended Trump’s accounts following the Jan. 6 insurrection on the U.S. Capitol. The suspension was Facebook’s most aggressive action against Trump during his four-year term.

“We believe the risks of allowing the President to continue to use our service during this period are simply too great,” Facebook CEO Mark Zuckerberg wrote in a post on his Facebook page at the time. 

Facebook referred the decision to its Oversight Board a few weeks later, saying that given the significance of the decision, “we think it is important for the board to review it and reach an independent judgment on whether it should be upheld.”

The decision to uphold Trump’s suspension is the most significant action taken thus far by Facebook’s Oversight Board, which was launched in October 2020 as a de facto “Supreme Court” for the company’s content moderation decisions. The board is an independent body made up of civic, technological, free speech, journalism and human rights experts from around the world.

Facebook has agreed to abide by the Oversight Board’s rulings, even though Zuckerberg still has undisputed control of the company, with majority voting control over the company’s shares.

The board’s findings

The Oversight Board found that Trump had “severely violated” Facebook’s community standards with his posts on Jan. 6. But it also said the platform “seeks to avoid its responsibilities” by applying a vague penalty and then referring it to the board to review.

His declarations, “We love you. You’re very special,” referring to the people who rioted around the U.S. Capitol, calling the rioters “great patriots” and telling them to “remember this day forever,” violated Facebook’s rules that prohibit praise of people engaged in violence, the board wrote.

“The Board found that, in maintaining an unfounded narrative of electoral fraud and persistent calls to action, Mr. Trump created an environment where a serious risk of violence was possible,” the board wrote, adding that when Trump posted his statements, “there was a clear, immediate risk of harm and his words of support for those involved in the riots legitimized their violent actions.”

But Facebook’s decision to make the ban indefinite was not justified, the board found, since it “did not follow a clear, published procedure” in doing so.

“In applying a vague, standardless penalty and then referring this case to the Board to resolve, Facebook seeks to avoid its responsibilities,” the board wrote. “The Board declines Facebook’s request and insists that Facebook apply and justify a defined penalty.”

The board said that though Facebook should apply the same rules to all members, the company should take context into account in assessing harm, including when posts are made by “influential users.” It added that newsworthiness considerations “should not take priority when urgent action is needed to prevent significant harm.”

This story is developing. Refresh for updates.