13/3/24, 13:44 Oversight Board | Independent Judgment. Transparency. Legitimacy. its impact on public discourse, providing users with the choice of whether to see disturbing content is a proportionate measure. Many public comments, including from people in regions experiencing conflict, favoured the application of warning screens given the graphic nature of the video and the high public interest in keeping the content (see e.g., PC-11139 from Digital Security Lab Ukraine, PC-11144 from Igor Mirzakhanyan and PC-11145 from Protection of Rights without Borders NGO). 9. Oversight Board Decision The Oversight Board upholds Meta’s decision to leave up the content with a “mark as disturbing” warning screen. 10. Recommendations A. Content Policy 1. In line with recommendation no. 14 in the “former President Trump’s suspension” case, Meta should commit to preserving, and where appropriate, sharing with competent authorities evidence of atrocity crimes or grave human rights violations, such as those specified in the Rome Statute of the International Criminal Court, by updating its internal policies to make clear the protocols it has in place in this regard. The protocol should be attentive to conflict situations. It should explain the criteria, process and safeguards for (1) initiating and terminating preservation including data retention periods, (2) accepting requests for preservation, (3) and for sharing data with competent authorities including international accountability mechanisms and courts. There must be safeguards for users’ rights to due process and privacy in line with international standards and applicable data protection laws. Civil society, academia, and other experts in the field should be part of developing this protocol. The Board will consider this recommendation implemented when Meta shares its updated internal documents with the Board. B. Enforcement 2. To ensure consistent enforcement, Meta should update the Internal Implementation Standards to provide more specific guidance on applying the newsworthiness allowance to content that identifies or reveals the location of prisoners of war, consistent with the factors https://www.oversightboard.com/decision/FB-YLRV35WD/ 24/26

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