13/3/24, 13:44 Oversight Board | Independent Judgment. Transparency. Legitimacy. In the caption, which is in English and Turkish, the user states that the video depicts Azerbaijani soldiers torturing Armenian prisoners of war. The caption also highlights the July 2022 gas deal between the European Union and Azerbaijan to double gas imports from Azerbaijan by 2027. Key findings The Board finds that although the content in this case violates the Coordinating Harm and Promoting Crime Community Standard, Meta correctly applied the newsworthiness allowance to allow the content to remain on Facebook, and the contents of the video required a “mark as disturbing” warning screen under the Violent and Graphic Content Community Standard. These decisions were consistent with Meta’s values and human rights responsibilities. The case raises important questions about Meta’s approach to content moderation in conflict situations, where revealing identities and locations of prisoners of war could undermine their dignity or expose them to immediate harm. Concerns regarding human dignity are acute in situations where prisoners are shown in degrading or inhumane circumstances. At the same time, such exposure can inform public debate and raise awareness of potential mistreatment, including violations of international human rights and international humanitarian law. It can also build momentum for action that protects rights and ensures accountability. Meta is in a unique position to assist in the preservation of evidence that may be of relevance in prosecuting international crimes and supporting human rights litigation. The scale and speed at which imagery of prisoners of war can be shared via social media complicates the task of resolving these competing interests. Given the acute harms and risks facing prisoners of war, the Board finds that Meta’s default rule prohibiting the posting of information that could reveal the identities or locations of prisoners of war is consistent with the company’s human rights responsibilities under the UN Guiding Principles of Business and Human Rights (UNGPs, commentary to Principle 12). These responsibilities are heightened during armed conflict and must be informed by the rules of international humanitarian law. The Board agrees with Meta that the public interest value in keeping the content on the platform with a warning screen outweighed the risk to the safety and dignity of the prisoners of war. The Oversight Board’s decision https://www.oversightboard.com/decision/FB-YLRV35WD/ 4/26