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4/10/22, 10:31 Oversight Board | Independent Judgment. Transparency. Legitimacy. OVERTURNED 2022-003-IG-UA Reclaiming Arabic words The Oversight Board has overturned Meta's original decision to remove an Instagram post which, according to the user, showed pictures of Arabic words that can be used in a derogatory way towards men with effeminate mannerisms. Policies and topics LGBT, Marginalized communities, Sex and gender equality Hate speech Region and countries Middle East and North Africa Morocco, Egypt, Lebanon Platform Instagram Attachments Reclaiming Arabic words public comments The Oversight Board has overturned Meta’s original decision to remove an Instagram post which, according to the user, showed pictures of Arabic words which can be used in a derogatory way towards men with “effeminate mannerisms.” The content was covered by an exception to Meta’s Hate Speech policy and should not have been removed. About the case In November 2021, a public Instagram account which describes itself as a space for discussing queer narratives in Arabic culture posted a series of pictures in a carousel (a single Instagram post that can contain up to 10 images with a single caption). The caption, written in both Arabic and English, explained that each picture shows a different word that can be used in a derogatory way towards men with “effeminate mannerisms” in the Arabic-speaking world, including the terms “zamel,” “foufou,” and “tante/tanta.” The user stated that the post intended “to reclaim [the] power of such hurtful terms.” https://www.oversightboard.com/decision/IG-2PJ00L4T 1/11

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Oversight Board Case of Reclaiming Arabic Words

Case Law

Decision Date: Jun 13, 2022

Case Status: Closed

Case Outcome (Disposition)

Overturned Meta’s initial decision

Keywords

Gender
Hate Speech
Instagram Community Guidelines>Hate Speech, Bullying and Abuse
LGBTQI
Oversight Bodies

Judicial Body: Meta's Oversight Board

Court Name: Oversight Board

Case Number: 2022-003-IG-UA

Case Summary: On June 13, 2022, the Oversight Board overturned Meta’s original decision to remove an Instagram post that, according to the user, showed pictures of Arabic words which could be used in a derogatory way toward men with “effeminate mannerisms”. Meta initially removed the content for violating its Hate Speech policy but restored it after the user appealed. After being reported by another user, Meta removed the content again for violating its Hate Speech policy. According to Meta, before the Board selected this case, it submitted the content for an additional internal review which determined that it did not violate the company’s Hate Speech policy. Meta then restored the content to Instagram.

The Board considered that while the post contains slur terms, the content was covered by an exception for speech “used self-referentially or in an empowering way” and an exception that allowed the quoting of hate speech to “condemn it or raise awareness”. As a result, the Board found that the company’s initial decision to remove the content was an error that was not in line with Meta’s Hate Speech policy.

*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. These decisions are binding, unless implementing them could violate the law. The Board can also choose to issue recommendations on the company’s content policies.

Case Significance: The Oversight Board’s decision expands expression by establishing that the content in question fell into an exception in Meta’s Hate Speech policy as it reports, condemns, and discusses the negative use of homophobic slurs by others and uses them in an expressly positive context.

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.”

Related Caselaw (self)

Source URL: Columbia Global Freedom of Expression

Collection

Columbia

Date Updated: Nov 14, 2024

Primary Documents

Decision (in English).pdf
English
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