12/20/23, 4:12 PM
Oversight Board | Independent judgement. Transparency. Legitimacy.
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. The Board's analysis of Meta's human rights responsibilities in this case was informed
by the following human rights standards:
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 freedom of opinion and expression, reports:
A/HRC/38/35 (2018) and A/74/486 (2019).
The right to privacy: Article 17, ICCPR.
5. User submissions
In their statement to the Board, the user explained that they shared the video to raise awareness
of the attack and to let the world know what was happening in Nigeria.
6. Meta's submissions
Meta explained in its rationale that, under the Violent and Graphic Content policy, imagery,
including video, that shows the violent death of people is usually placed behind a warning screen
that indicates it may be disturbing. Adult users may click through to view the content, whereas
minors do not have that option. However, Meta also explained that when such content is
accompanied by sadistic remarks, it is removed. According to Meta, this is to stop people using
the platforms to glorify violence or celebrate the suffering of others. Meta confirmed that,
without a caption, the video would be permitted on Instagram behind a disturbing content
warning screen. If the video had included "visible innards", as other videos of the same incident
had, it would be removed under the Violent and Graphic Content policy without the need for
sadistic remarks.
Initially, Meta told the Board that in this case the user was not notified of the warning screen, or
the policy used to apply it, because of a technical error. However, after further questioning from
the Board, Meta disclosed that while Facebook users generally receive notification of the
https://www.oversightboard.com/decision/IG-OZNR5J1Z/
10/26
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