Due process of law and fundamental rights protection in the era of “Big Techs’ justice”: the case of Facebook’ s Oversight Board

In recent times, the establishment of the so-called Facebook Court has constituted a pivotal turning point in global constitutionalism. Since its creation, it has been widely debated whether this para-jurisdictional institution could equally ensure effective protection of rights. In fact, several rules of the Oversight Board Charter do not seem to adhere to essential requirements of due process. Starting from these assumptions, the paper aspires to critically examine the Board’s internal physiognomy, by comparing its basic law and its concrete application to those paramount constitutional values resulting from centuries of juridical civilization. Particular attention will be paid to the principles of legal certainty and effectiveness. Indeed, the absence of a clear and predetermined set of rules (Art. 2 par. 2 OBC) and the Court’s discretion in selecting the requests (art. 2 par. 1 OBC) appear to contribute to consolidating a model of fundamental rights protection “à la carte”.