subject: Is Facebook Operating Outside the Law? [print this page] Is Facebook Operating Outside the Law? Is Facebook Operating Outside the Law?
It relies exclusively on individual members making a confidential complaint against entries on a person's Wall, Information, Links, Videos, Photographic Albums or other sections of their Profile. Complaints are then, theoretically, checked by a member of Facebook's staff and, as appropriate, action may or may not be taken against an offender. This action can result in a simple warning being issued, which the offender must acknowledge, or an account being either temporarily disabled or removed completely. The first indication that a possible offender has that they may have contravened the FAQs, or that a complaint has been lodged against them, is when a warning is issued, material is removed or their account vanishes.
This system meets the requirements of Facebook's own Terms and Conditions but may, through the methods used to verify complaints and then discipline members, be in breach of United States and International laws where it is generally accepted that a person is innocent until proved guilty and where, in most cases, the potential offender has the Right of Response. Facebook's present system and handling of complaints does not allow anyone complained against to either defend themselves or to justify their actions. Where material has been removed and a warning issued or an account closed Facebook also refuses to enter into any discussion of their actions. For Facebook is it clearly a case of guilty with no option to prove innocence, regardless of how far-fetched or haphazard a complaint may be. For people determined to harass other Facebook members, this system of punishments is an ideal method to destroy another person's reputation and to remove what may be months if not years of hard, dedicated work and obliterate online friendships.
Whilst anonymity might be claimed as an advantage by Facebook - in that the identity of the person reporting abuse is not revealed to anyone being complained about and they are, therefore, protected against possible retribution - it is a clear contravention of the Right of each individual to protect themselves against unjustified harassment and to defend themselves against defamation, a Right which is anchored in most democratic societies. Facebook should be capable of maintaining a certain level of confidentiality for those lodging a complaint or abuse report even when asking for a justification or response from those who have been targeted. At present the right to defend oneself against abuse reports - whether justified or not - is not foreseen by Facebook and the reporting system, legally questionable if nothing else, remains open to continued abuse so long as Facebook remains by its Guilty with no option of redress stance.
Viktoria Michaelis is an eighteen year old American student (born July 1992) currently resident in Germany on a Student Exchange Program Intensive Training Course in Property Management, Translation and Executive Management Skills. She regularly writes in her personal Blog atViktoria Michaelis.
