13/3/24, 13:44
Oversight Board | Independent Judgment. Transparency. Legitimacy.
its impact on public discourse, providing users with the choice of whether to see disturbing
content is a proportionate measure. Many public comments, including from people in regions
experiencing conflict, favoured the application of warning screens given the graphic nature of
the video and the high public interest in keeping the content (see e.g., PC-11139 from Digital
Security Lab Ukraine, PC-11144 from Igor Mirzakhanyan and PC-11145 from Protection of Rights
without Borders NGO).
9. Oversight Board Decision
The Oversight Board upholds Meta’s decision to leave up the content with a “mark as
disturbing” warning screen.
10. Recommendations
A. Content Policy
1. In line with recommendation no. 14 in the “former President Trump’s suspension” case, Meta
should commit to preserving, and where appropriate, sharing with competent authorities
evidence of atrocity crimes or grave human rights violations, such as those specified in the
Rome Statute of the International Criminal Court, by updating its internal policies to make clear
the protocols it has in place in this regard. The protocol should be attentive to conflict situations.
It should explain the criteria, process and safeguards for (1) initiating and terminating
preservation including data retention periods, (2) accepting requests for preservation, (3) and
for sharing data with competent authorities including international accountability mechanisms
and courts. There must be safeguards for users’ rights to due process and privacy in line with
international standards and applicable data protection laws. Civil society, academia, and other
experts in the field should be part of developing this protocol. The Board will consider this
recommendation implemented when Meta shares its updated internal documents with the
Board.
B. Enforcement
2. To ensure consistent enforcement, Meta should update the Internal Implementation
Standards to provide more specific guidance on applying the newsworthiness allowance to
content that identifies or reveals the location of prisoners of war, consistent with the factors
https://www.oversightboard.com/decision/FB-YLRV35WD/
24/26
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents