13/3/24, 13:44
Oversight Board | Independent Judgment. Transparency. Legitimacy.
that users cannot post sadistic remarks towards imagery that requires a warning screen under
the policy.
The Board’s analysis was informed by the Meta’s commitment to “ Voice,” which the company
describes as “paramount,” and its values of “Safety,” “Privacy” and “Dignity.”
The newsworthiness allowance is a general policy exception that can potentially be applied
across all policy areas within the Community Standards, including to the rule on prisoners of war.
The newsworthiness allowance is explained under Meta’s “commitment to voice.” It allows
otherwise violating content to be kept on the platform if the public interest value in doing so
outweighs the risk of harm. According to Meta’s approach to newsworthy content, which is
linked from the introduction to the Community Standards, such assessments are made only in
“rare cases,” following escalation to the Content Policy Team. This team assesses whether the
content in question surfaces an imminent threat to public health or safety, or gives voice to
perspectives currently being debated as part of a political process. This assessment considers
country-specific circumstances, including if the country is at war. While the identity of the
speaker is a relevant consideration, the allowance is not limited to content that is posted by
news outlets.
III. Meta’s human rights responsibilities
The UN Guiding Principles on Business and Human Rights (UNGPs), endorsed by the UN
Human Rights Council in 2011, establish a voluntary framework for the human rights
responsibilities of private businesses. In 2021, Meta announced its Corporate Human Rights
Policy, where it reaffirmed its commitment to respecting human rights in accordance with the
UNGPs. Significantly, the UNGPs impose a heightened responsibility on businesses operating in
a conflict setting (“Business, human rights and conflict-affected regions: towards heightened
action,” A/75/212). The Board's analysis of Meta’s human rights responsibilities in this case was
informed by the following international standards, including in the field of international
humanitarian law (also known as ‘the law of armed conflict’):
The right to freedom of expression: Article 19, International Covenant on Civil and
Political Rights ( ICCPR), General Comment No. 34, Human Rights Committee,
2011; UN Special Rapporteur on the promotion and protection of the right to
freedom of opinion and e pression reports A/68/362 (2013) A/HRC/38/35
https://www.oversightboard.com/decision/FB-YLRV35WD/
10/26
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