Previous 1 / 12 Next

4/10/22, 10:45 Oversight Board | Independent Judgment. Transparency. Legitimacy. OVERTURNED 2022-005-FB-UA Mention of the Taliban in news reporting The Oversight Board has overturned Meta’s original decision to remove a Facebook post from a news outlet page reporting a positive announcement from the Taliban regime in Afghanistan on women and girls’ education. Policies and topics Journalism, News events, Politics Dangerous individuals and organizations Region and countries Central and South Asia Afghanistan Platform Facebook Attachments Pashto translation Dari translation Mention of the Taliban in news reporting public comments This decision is also available in Urdu (via the ‘language' tab accessed through the menu at the top of this screen), in Pashto ( here), and in Dari ( here). ‫په پښتو ژبه د دغې پريکړې د لوستلو لپاره دلته کليک وکړئ‬. ‫برای خواندن اين تصميم اينجا فشار دهيد‬. Case summary The Oversight Board has overturned Meta’s original decision to remove a Facebook post from a news outlet page reporting a positive announcement from the Taliban regime in Afghanistan on women and girls’ education. Removing the post was inconsistent with Facebook’s Dangerous Individuals and Organizations Community Standard, which permits reporting on terrorist groups, and Meta’s human rights https://www.oversightboard.com/decision/FB-U2HHA647 1/12

Select target paragraph3

● ● ●

Oversight Board Case of Mention of the Taliban in News Reporting

Case Law

Country

Afghanistan

Country Location

Latitude: 34.31276661908268

Longitude: 65.02425503508786

Country Location (linked Case Law): Afghanistan

Decision Date: Sep 15, 2022

Case Status: Closed

Case Outcome (Disposition)

Overturned Meta’s initial decision

Keywords

Oversight Bodies
Terrorism

Judicial Body: Meta's Oversight Board

Court Name: Oversight Board

Case Number: 2022-005-FB-UA

Case Summary: On September 15, 2022, the Oversight Board overturned Meta’s original decision to remove a Facebook post from a news outlet page reporting a positive announcement from the Taliban regime in Afghanistan on women and girls’ education. The case originated in January 2022 when a popular Urdu-language newspaper in India reported on its Facebook page that Zabiullah Mujahid, a member of the Taliban regime in Afghanistan and its official central spokesperson, announced that schools and colleges for women and girls would reopen in March 2022. Meta removed the post, imposed “strikes” against the page administrator, and limited their access to certain Facebook features. This was because the company determined the post violated its Dangerous Individuals and Organizations Community Standard under its prohibition on praising a designated terrorist group. Nevertheless, after the Board selected the case for review, Meta determined that this was an enforcement error; that the content fell into the Dangerous Individuals and Organizations Community Standard policy exception for reporting and, thus, should not have been removed.

According to the Board, Meta’s original decision to remove the post was inconsistent with Facebook’s Dangerous Individuals and Organizations Community Standard since the content fell under the policy’s allowance on “reporting on” designated entities. The Board also deemed that Meta’s decision was inconsistent with the company’s human rights responsibilities since it unjustifiably restricted freedom of expression, which encompasses the right to impart and receive information, including on terrorist groups. While Meta reversed its decision due to the Board selecting the case, the Board concluded that the user had already experienced several days of feature-limits that were not fully rectified.

*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 recognizing that freedom of expression encompasses the right to impart and receive information, including on terrorist groups, particularly important in times of conflict and crisis, including where terrorist groups exercise control of a country.

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
Download View