- Constitutional rights can be applied to non-governmental organisations, as the laws of some countries show. For instance, German and Austrian law describes the model of a so-called “thirdparty effect of constitutional rights”. The effect comes into play when the people involved have possess “very unequal economic and social power”, e.g. in the relationship between employers and employees. Analogously one could argue that the power gap between companies such as google or facebook and their users is large enough to warrant the consideration that users can evoke their constitutional rights
- Since facebook has an enormous bearing on the public debate of political and social issues, it should be subject to media laws and political scrutiny. In analogy to the google case, rights to privacy, to inform themselves freely or not to be harassed need to be respected. Some of them are already part of facebook’s “community standards”, but facebook is the only that monitors their enforcement.
- Facebooks own standards formulate obligations to their users. Facebook promises to leave the rights to content in the user’s hand, whenever standards are not violated. If not, they promise to notify the user (s. point 4 below). It should be made sure that facebook adheres to its own standards.
- Transparency presents a prominent principle in procedural justice. People have a right to be informed about the matters that concern them, especially in public interaction and deliberation. If facebook is editing content silently, it clearly violates this right.
P.S. I admit to being a frequent facebook user to gather information and keep in contact with people I do not see on a regular basis. Interestingly, my post linking to an article about Gideon Levy and his reports from Gaza is still up, while it disappeared from other walls. Not sure what that means.