The decision by Meta CEO Mark Zuckerberg to end Facebook’s work with third-party fact-checkers and ease some of its content restrictions is a potentially “transformative” moment for the platform, experts said, but one that is unlikely to shield the company from liability in ongoing court proceedings.
The updates were announced by Zuckerberg, who said in a video that the previous content restrictions used on Facebook and Instagram — which were put into place after the 2016 elections — had “gone too far” and allowed for too much political bias from outside fact-checkers.
Meta will now replace that system with a “Community Notes”-style program, similar to the approach taken by social media platform X, he said. X is owned by Elon Musk, the co-director of the planned Department of Government Efficiency.
“We’ve reached a point where it’s just too many mistakes and too much censorship,” Zuckerberg said. “The recent elections also feel like a cultural tipping point toward once again prioritizing speech. So we are going to get back to our roots, focus on reducing mistakes, simplifying our policies, and restoring free expression on our platforms.”
META ENDS FACT-CHECKING PROGRAM AS ZUCKERBERG VOWS TO RESTORE FREE EXPRESSION ON FACEBOOK, INSTAGRAM
Mark Zuckerberg, CEO of Meta, arrives for a Senate Judiciary Committee hearing on Jan. 31, 2024 in Washington, D.C. (Alex Wong/Getty Images)
The news was praised by President-elect Donald Trump, who told Fox News Digital that he thought Meta’s presentation “was excellent.” “They have come a long way,” Trump said.
Still, it is unlikely to ease the legal liability for Meta, which in recent months has been hit with the possibility of a multibillion-dollar class action lawsuit stemming from a privacy scandal involving the political consulting firm Cambridge Analytica.
The Supreme Court in November rejected Meta’s effort to block the lawsuit, leaving in place an appellate court ruling that allowed the class action suit to move forward.
Meta has also been the target of multiple Republican-led investigations in Congress. Republicans on the House Subcommittee on the Weaponization of the Federal Government probed Meta’s activity and communication with the federal government and the Biden administration last year as part of a broader investigation into alleged censorship.
The platform also came under scrutiny by the House Oversight Committee in August, as part of an investigation into claims that the platform suppressed information about the July 13 assassination attempt of Trump.
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Mark Zuckerberg, CEO of Meta, apologizes to families who have been harmed due to unsafe social media during the Senate Judiciary Committee hearing. (Tom Williams/CQ-Roll Call, Inc. via Getty Images)
Combined, these factors make it unlikely that Meta will see its legal problems go away anytime soon, law professor and Fox News contributor Jonathan Turley told Fox News Digital in an interview.
“Facebook is now looking at a tough patch ahead,” he said. “Not only do the Republicans carry both houses of Congress as well as the White House, but there is ongoing litigation in the social media case in Texas.”
Additionally, the Supreme Court’s conservative majority is also unlikely to be sympathetic to the views of Meta in any case centered on First Amendment protections and rights to free speech.
The House investigations and litigation have both forced more of Meta’s actions into public view— something Turley said expects to come under further scrutiny in the discovery process in Missouri v. Biden, a case that centers on allegations of political censorship.
Mark Zuckerberg, CEO of Meta, arrives to testify before the U.S. Senate Judiciary Committee hearing, “Big Tech and the Online Child Sexual Exploitation Crisis,” in Washington, D.C., on Jan. 31, 2024. (ANDREW CABALLERO-REYNOLDS/AFP via Getty Images)
“That discovery is still revealing new details,” Turley said. “So Meta understood that in the coming months, more details would be forthcoming on its censorship program.”
Still, he said, this “could be a transformative moment,” Turley said.
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“And an alliance of Zuckerberg with [Elon] Musk could turn the tide in this fight over free speech,” Turley said. “And as one of Zuckerberg’s most vocal critics I welcome him to this fight.”
