Facebook’s Civil Rights Audit
information. In other words, the label is not placed on just content that is demobilizing (e.g., posts encouraging
people not to vote) or content that is likely to be misinformation or at the edge of what Facebook’s policies permit,
but instead inserts the label on voting-related content. Facebook reports that this label will be placed on posts that
discuss voting, including posts connecting voting with COVID-19, as well as posts that are about the election but do
not use those terms (e.g., posts containing words such as ballots, polling places, poll watchers, election day, voter
fraud, stolen election, deadline to register, etc.).
The reaction to Facebook’s new labeling program within the civil rights community (and among the Auditors)
was mixed. On the one hand, they recognize the need to ensure access to correct voting information and value the
dissemination of correct information, particularly at a time when confusion about voting and the US presidential
election may be rampant. On the other hand, there is concern that labeling all voting-related posts (both those that
are accurate and those that are spreading misinformation) with neutral language will ultimately be confusing to users
and make it more difficult for them to discern accurate from misleading information. While Facebook has asserted
that it will remove detected content that violates its voter interference policy, regardless of whether it has a label,
civil rights groups remain wary that Facebook could view the labeling as reducing its responsibility to aggressively
enforce its Voter Interference Policy — that the company may not have a sense of urgency in removing false
information regarding voting methods or logistics because those posts will already have a label directing users to the
Voting Information Center. The Auditors have stressed that the new voting labels do not diminish the urgency for
Facebook to revisit its interpretation of what constitutes “misrepresentations of methods for voting” under its Voter
Interference Policy. For example, voting labels will not alleviate the harm caused by narrow readings of that policy
that allow content such as posts falsely alleging that official ballots are illegal. These types of false statements sow
suppression and confusion among voters and should be taken down, not merely given a label. Further, because of
the likely saturation of labels — the frequency with which users may see them — there is concern that users may
quickly ignore them and, as a result, the labels will ultimately not be effective at cabining the harm caused by false
voter information. Facebook states it is researching and exploring the best way to implement the labeling program
to maximize traffic to the Voting Information Center without oversaturating users. Facebook has represented
to the Auditors it will observe how people interact with labels and updateits analysis to increase the labeling
program’s effectiveness.
4.
Voter Suppression Improvements
(i) Voter Interference Policy Enforcement Guidance. In December 2019, Facebook expanded its Voter
Interference Policy to prohibit content that indicates that voting will result in law enforcement consequences.
On June 26, 2020, Facebook issued further guidance clarifying what that provision prohibits. Specifically,
Facebook made clear that assertions indicating that ICE or other federal immigration enforcement agencies will
be at polling places are prohibited under the policy (even if those posts do not explicitly threaten deportation
or arrest). The Auditors believe this clarification is an important one, as it signals that Facebook recognizes
that messages warning of surveillance of the polls by law enforcement or immigration officials sends the same
(suppressive) message as posts that explicitly use words like “arrest” or “deportation.”
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