3/10/22, 12:48
Oversight Board | Independent Judgment. Transparency. Legitimacy.
publicly available information on the quantity of content restored after being incorrectly
removed for violating its policy on Dangerous Individuals and Organizations. The Board notes
that this does not provide the same kind of detail that would be reflected in internal audits and
quality control to assess the accuracy of enforcement. While Facebook acknowledged it
internally breaks down error rates for enforcement decisions by moderators and by
automation, it refused to provide this information to the Board on the basis that “the
information is not reasonably required for decision-making in accordance with the intent of
the Charter.”
Furthermore, the Board asked Facebook whether content is appealable to the Board if it has
been removed for violating the Community Standards following a government flagging the
content. Facebook confirmed such cases are appealable to the Board. This is distinct from
those removed on the basis of a government requesting removal to comply with local law,
which are excluded from review by Article 2, Section 1.2 of the Bylaws. While the Board does
not have reason to believe that this content was the subject of a government referral, it is
concerned that neither users whose content is removed on the basis of the Community
Standards, nor the Board, are informed where there was government involvement in content
removal. This may be particularly relevant for enforcement decisions that are later identified
as errors, as well as where users suspect government involvement but there was none.
Facebook’s transparency reporting is also limited in this regard. While it includes statistics on
government legal requests for the removal of content based on local law, it does not include
data on content that is removed for violating the Community Standards after a government
flagging the content.
This collection of concerns indicates that Facebook is failing to respect the right to remedy, in
contravention of its Corporate Human Rights Policy (Section 3).
9. Oversight Board decision
The Oversight Board overturns Facebook's original decision to take down the content,
requiring the post to be restored. The Board notes that Facebook has accepted that its
original decision was incorrect and has already restored the content.
10. Policy advisory statement
As noted above, Facebook changed its Community Standard on Dangerous Individuals and
https://www.oversightboard.com/decision/IG-I9DP23IB/
17/21