By overturning Facebook’s decision to remove content intended to raise awareness about breast cancer, the Oversight Board widens the scope of freedom of expression, while protecting access to information, the right to health, and women’s rights to nondiscrimination on an issue of the utmost relevance regarding public health. The Board’s decision also strengthens freedom of expression by recommending that Facebook implement safeguards, such as human review, on automated content moderation. By urging the company to be more transparent about the efficacy of its automated content removal, the Board also fosters a better environment for freedom of expression online.
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.”