The decision expanded expression because the Board determined that users of Facebook platforms should be able to generate discussions regarding violations of human rights, abuses that relate to terrorism and counter-terrorism, even if they include the names of people/organizations recognized as Dangerous Individuals and Organizations by the company’s policy. The Board encouraged Facebook to protect content about public matters in countries where national, legal and institutional protections for human rights, especially freedom of expression, are weak. Finally, it expands expression by asking the company to support users’ discussions on the rights of detained people, who may be unable to advocate in support of their rights effectively.
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.”