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Oversight Board Case of Dehumanizing Speech against a Woman

Case Law

Country

United States

Country Location

Latitude: 39.778231903243785

Longitude: -100.8801256788983

Country Location (linked Case Law): United States

Decision Date: Jun 27, 2023

Case Status: Closed

Case Outcome (Disposition)

Overturned Meta’s initial decision

Keywords

Digital Rights
Oversight Bodies
Social Media

Judicial Body: Meta's Oversight Board

Court Name: Oversight Board

Case Number: 2023-015-FB-UA

Case Summary: On June 27, 2023, the Oversight Board issued a summary decision overturning Meta’s original decision to leave up a Facebook post that attacked an identifiable woman by comparing her to a truck. In December 2022, a Facebook user posted a photo of a woman with a caption describing her as a used truck in need of repairs, saying she was “advertised all over town.” Although the content was reported more than 500 times, Meta decided to keep the content online. When the Board notified Meta of this case, the company reversed its original decision and removed the content arguing it violated Meta’s Bullying and Harassment policy. The Board recognized Meta’s correction of its initial error and recommended Meta to holistically address concerns regarding the ambiguity of its Bullying and Harassment policy to reduce the errors when moderating content.

*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. The Board issues full decisions and summary decisions. 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. Summary decisions are a transparency mechanism, providing information to the public on Meta’s decision making and the Board’s recommendations relating to cases where Meta reversed its original decision on its own accord, after receiving notice from the Board about the appeal.

Case Significance: Mixed Outcome

In this decision, the Oversight Board contracted expression by overturning Meta’s original decision to keep content on its platform. However, the expression was of a discriminatory nature since it used misogynistic and sexist language to attack and harrass a woman. Hence, its removal aligned with international human rights standards which prohibit discrimination against women and other marginalized groups.

This case did not set a binding or persuasive precedent either within or outside its jurisdiction. The significance of this case is undetermined at this point in time.

Source URL: Global Freedom of Expression

Collection

Columbia

Date Updated: Oct 18, 2024

Primary Documents

Decision.pdf
English
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CYRILLA: Global Digital Rights Law

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Oversight Board Case of Dehumanizing Speech against a Woman

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