30/9/22, 14:55
Oversight Board | Independent Judgment. Transparency. Legitimacy.
given for this position: some people in our community may be sensitive to this type of
content” and “to prevent the sharing of non-consensual or underage content.”
The Community Standard specifies that consensual adult nudity is allowed when the
user clearly indicates the content is “to raise awareness about a cause or for educational
or medical reasons.” The “do not post” section of the Community Standard lists “breast
cancer awareness” as an example of a health-related situation where showing uncovered
female nipples is permitted.
The Board finds that the user’s post, while depicting uncovered female nipples, falls
squarely within the health-related exception for raising breast cancer awareness.
Accepting Facebook’s explanation that the Community Standards operate on Instagram,
the Board finds that the user’s post complies with them.
Facebook’s decision to remove the content was therefore inconsistent with the
Community Standards. The Board acknowledges Facebook has agreed with this
conclusion.
8.2 Compliance with Facebook Values
Facebook’s values are outlined in the introduction to the Community Standards but are
not directly referenced in Instagram’s Community Guidelines.
Facebook’s decision to remove the user’s content did not comply with Facebook’s
values. The value of “Voice” clearly includes discussions on health-related matters and is
especially valuable for raising awareness of the symptoms of breast cancer. Images of
early breast cancer symptoms are especially valuable to make medical information more
accessible. Sharing this information contributes to the “Safety” of all people vulnerable to
this disease. There is no indication that the pictures included any non-consensual
imagery. Therefore, “Voice” was not displaced by “Safety” and “Privacy” in this case.
8.3 Compliance with international human rights standards
I. Freedom of expression (Article 19 ICCPR)
https://www.oversightboard.com/decision/IG-7THR3SI1
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