30/9/22, 14:55 Oversight Board | Independent Judgment. Transparency. Legitimacy. rights of the child to life and development (Article 6, CRC), which are threatened in cases of sexual exploitation (CRC/C/GC/13, para. 62). c. Necessity and proportionality Any restrictions on freedom of expression “must be appropriate to achieve their protective function; they must be the least intrusive instrument amongst those which might achieve their protective function; they must be proportionate to the interest to be protected” (General Comment 34, para. 34). The Board finds that removing information that serves a public interest without cause cannot be proportionate. The Board is concerned that the content was wrongfully removed by an automated enforcement system and potentially without human review or appeal. This reflects the limitations of automated technologies to understand context and grasp the complexity of human communication for content moderation (UN Special Rapporteur on freedom of expression, A/73/348, para. 15). In this case, these technologies failed to recognize the words “Breast Cancer” that appear at the top left of the image in Portuguese. The Board accepts automated technologies are essential to the detection of potentially violating content. However, enforcement which relies solely on automation, in particular when using technologies that have a limited ability to understand context, leads to overenforcement that disproportionately interferes with user expression. The Board recognizes that automated enforcement may be needed to swiftly remove non-consensual intimate images and child abuse images, in order to avoid immediate and irreparable harm. However, when content is removed to safeguard against these harms, the action should be premised on the applicable policies on sexual exploitation, and users notified that their content was removed for these purposes. Regardless, automated removals should be subject to both an internal audit procedure explained under section 9.2 (I) and appeal to human review should be offered (A/73/348, para. 70), allowing enforcement mistakes to be repaired. Automated content moderation without necessary safeguards is not a proportionate way for Facebook to address violating forms of adult nudity. d Equality and non-discrimination https://www.oversightboard.com/decision/IG-7THR3SI1 12/16

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