30/9/22, 14:55 Oversight Board | Independent Judgment. Transparency. Legitimacy. In its response, Facebook claimed that the Board should decline to hear this case. The company argued that, having restored the post, there was no longer disagreement between the user and Facebook that the content should stay up, making this case moot. The Board rejects Facebook’s argument. The need for disagreement applies only at the moment the user exhausts Facebook’s internal appeal process. As the user and Facebook disagreed at that time, the Board can hear the case. Facebook’s decision to restore the content also does not make this case moot, as the company claims. On top of making binding decisions on whether to restore pieces of content, the Board also offers users a full explanation for why their post was removed. The incorrect removal of this post indicates the lack of proper human oversight which raises human rights concerns. The detection and removal of this post was entirely automated. Facebook’s automated systems failed to recognize the words “Breast Cancer,” which appeared on the image in Portuguese, and the post was removed in error. As Facebook’s rules treat male and female nipples differently, using inaccurate automation to enforce these rules disproportionately affects women’s freedom of expression. Enforcement which relies solely on automation without adequate human oversight also interferes with freedom of expression. In this case, the user was told that the post violated Instagram’s Community Guidelines, implying that sharing photos of uncovered female nipples to raise breast cancer awareness is not allowed. However, Facebook’s Community Standard on Adult Nudity and Sexual Activity, expressly allows nudity when the user seeks to “raise awareness about a cause or educational or medical reasons” and specifically permits uncovered female nipples to advance “breast cancer awareness.” As Facebook’s Community Standards apply to Instagram, the user’s post is covered by the exception above. Hence, Facebook’s removal of the content was inconsistent with its Community Standards. The Oversight Board’s decision The Oversight Board overturns Facebook’s original decision to remove the content and requires that the post be restored. The Board notes that Facebook has already taken action to this effect https://www.oversightboard.com/decision/IG-7THR3SI1 2/16