Mixed Outcome
While the Oversight Board’s decision to remove the contested content in this case restricts speech, it does so to protect the rights of a marginalized group. The restriction of hate speech is common practice in International Human Rights law as the risk of harm associated with it outweighs the benefit and importance of freedom of expression. Accordingly, in this case, the Board properly and thoroughly balanced the interests at stake, limiting freedom of speech to protect the rights of transgender people.
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.”