Oversight Board – An Effective Tool to Protect Free Speech?

Meta has more than two billion daily active users, two and a half billion posts a day, and more than a million reports of violations of policies and guidelines every day. These large numbers justify the establishment of a body that goes beyond the usual content moderation and reporting system. Recognizing that its role in online speech cannot be managed solely through algorithmic decision-making and reporting, Meta has introduced a non-judicial grievance mechanism, the Oversight Board, which delivers its decisions solely in light of Meta’s policies, values, and guidelines. The OB is committed to the Business and Human Rights regime, and in line with this commitment, the UNGPs are the governing international human rights law standard. This article cross-referenced the OB goals defined by its Charter, the UNGPs standards relevant to the goals of the OB, the statistics of the operation of the OB, and the doctrinal background of these goals, in particular, the accessibility, predictability, and transparency prongs as elements of an effective remedy. Through this in-depth analysis, we aim to explore whether the OB fulfills its predefined goals, and thus provides an effective non-judicial grievance mechanism regarding freedom of speech in the online environment.