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12/20/23, 4:12 PM Oversight Board | Independent judgement. Transparency. Legitimacy. OVERTURNED 2022-011-IG-UA Video after Nigeria church attack The Board has overturned Meta's decision to remove a video from Instagram showing the aftermath of a terrorist attack in Nigeria. Policies and topics Mistreatment, Safety, War and conflict Violent and graphic content Region and countries Sub-Saharan Africa Nigeria Platform Instagram Attachments Video after Nigeria church attack - public comments Yoruba translation https://www.oversightboard.com/decision/IG-OZNR5J1Z/ 1/26

اختر الفقرة المستهدفة3

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The Case of Video After Nigeria Church Attack

Case Law

Country

Nigeria

Country Location

خط العرض: 7.311172396347703

خط الطول: 6.54274292730156

Country Location (مرتبط Case Law): Nigeria

Decision Date: 20 ديسمبر 2022

Case Status: أُغلقت / إنتهت

Keywords

Terrorism

Judicial Body: Meta's Oversight Board

Court Name: Oversight Board

Case Number: 2022-011-IG-UA

Case Summary: The Oversight Board overturned Meta’s decision to remove a video from Instagram showing the aftermath of a terrorist attack on a church in Nigeria, in which at least 40 people were killed, and more were injured. Meta removed the content as it considered that it violated the Violent and Graphic Content policy, the Bullying and Harassment policy, and the Dangerous Individuals and Organizations policy. The Board decided that the video should be restored to the platform to respect freedom of expression and allow people to “discuss the events that some states may seek to suppress” by raising awareness and documenting human rights abuses. Nonetheless, the Board considered that the video needed a “disturbing content” warning screen to protect the privacy of the victims whose faces were visible. The Board also recommended Meta to provide users with a reasoned notification when a warning screen is applied to their content, and to review and clarify the language of the Violent and Graphic Content policy to ensure that it lines up with the moderators’ internal guidance.

*The Oversight Board is a separate entity from Meta and will provide its independent judgment on both individual cases and questions of policy. Both the Board and its administration are funded by an independent trust. The Board has the authority to decide whether Facebook and Instagram should allow or remove content. Decisions, except summary decisions are binding, unless implementing them could violate the law. The Board can also choose to issue recommendations on the company’s content policies.

Case Significance: Mixed Outcome

This decision has a mixed outcome. While the Board underscored the right to freedom of expression in contexts where the content seeks to raise awareness and document human rights abuses, it weighed this right with the victims’ and families’ privacy. In doing so, the Board decided the content should be restored with a warning screen, a less severe measure that justifiably restricts the content’s reach in accordance with international human rights standards.

The decision establishes a binding or persuasive precedent within its jurisdiction.

According to Article 2 of the Oversight Board Charter, “For each decision, any prior board decisions will have precedential value and should be viewed as highly persuasive when the facts, applicable policies, or other factors are substantially similar.” In addition, Article 4 of the Oversight Board Charter establishes, “The board’s resolution of each case will be binding and Facebook (now Meta) will implement it promptly, unless implementation of a resolution could violate the law. In instances where Facebook identifies that identical content with parallel context – which the board has already decided upon – remains on Facebook (now Meta), it will take action by analyzing whether it is technically and operationally feasible to apply the board’s decision to that content as well. When a decision includes policy guidance or a policy advisory opinion, Facebook (now Meta) will take further action by analyzing the operational procedures required to implement the guidance, considering it in the formal policy development process of Facebook (now Meta), and transparently communicating about actions taken as a result.”

Related Caselaw

Source Name and URL: Global Freedom of Expression

Collection

Columbia

Date Updated: 22 سبتمبر 2024

المستندات الأولية

Decision
English
تحميل عرض

CYRILLA: Global Digital Rights Law

اختر الفقرة المستهدفة3

The Case of Video After Nigeria Church Attack

المستندات الأولية

Notifications