3/10/22, 12:48
Oversight Board | Independent Judgment. Transparency. Legitimacy.
Facebook.
III. Human rights standards:
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 March 2021, Facebook announced its Corporate
Human Rights Policy, where it recommitted to respecting human rights in accordance with
the UNGPs. The Board's analysis in this case was informed by the following human rights
standards:
Freedom of expression: Article 19, International Covenant on Civil and Political
Rights ( ICCPR); Article 6, Declaration on Human Rights Defenders,
A/RES/53/144 (1998); Human Rights Committee, General Comment No. 34
(2011); Special Rapporteur on freedom of opinion and expression,
A/HRC/38/35 (2018), A/74/486 (2019); Special Rapporteur on human rights
and counter-terrorism, A/HRC/40/52 (2019)
Right to remedy: Article 2, ICCPR; Human Rights Committee, General
Comment No. 31 (2004)
Prohibition on torture, cruel, inhuman, or degrading treatment or punishment:
Rule 43, UN Standard Minimum rules for the Treatment of Prisoners (the
Nelson Mandela Rules) A/Res/70/175 (2016).
5. User statement
In their appeal to the Board, the user explained that they posted the content to spur
discussion about Öcalan’s philosophy and to end his isolation. The user said that they
believed banning communicating about Öcalan and his philosophy prevents discussions that
could lead to a peaceful settlement for Kurdish people in the Middle East. They also stated
that they did not wish to promote violence but believed there should not be a ban on posting
pictures of Öcalan on Instagram. The user claimed that the association of Öcalan’s face with
violent organizations is not based on fact, but rather is slander and an ongoing effort to
silence an important conversation. They compared Öcalan’s imprisonment to that of former
South African President Nelson Mandela, noting that the international community has a role
in illuminating Öcalan’s imprisonment just as it did with Mandela.
6. Explanation of Facebook’s decision
https://www.oversightboard.com/decision/IG-I9DP23IB/
9/21