3/10/22, 12:48
Oversight Board | Independent Judgment. Transparency. Legitimacy.
proposed policy changes.
Ensure that users are notified when their content is removed. The notification
should note whether the removal is due to a government request or due to a
violation of the Community Standards, or due to a government claiming a
national law has been violated (and the jurisdictional reach of any removal).
Clarify to Instagram users that Facebook’s Community Standards apply to
Instagram in the same way they apply to Facebook.
Include information in its transparency reporting on the number of requests
received for content removals from governments based on Community
Standards violations (as opposed to violations of national law), and the
outcomes of those requests.
Include more comprehensive information in its transparency reporting on error
rates for enforcing rules on “praise” and “support” of dangerous individuals
and organizations, broken down by region and language.
Full case decision
1. Decision summary
The Oversight Board has overturned Facebook’s original decision to remove an Instagram
post encouraging people to discuss the solitary confinement of Abdullah Öcalan, a person
designated by Facebook as a dangerous individual. After the user appealed and the Board
selected the case for review, Facebook concluded that the content was removed in error and
restored the post to Instagram.
Facebook explained that in 2018 it “inadvertently failed to transfer” a piece of internal policy
guidance that allowed users to discuss conditions of confinement of designated dangerous
individuals to a new review system. The Board believes that if Facebook were more
transparent about its policies the harm from this mistake could have been mitigated or
avoided altogether. Even without the misplaced internal policy guidance, the Board found
that the content never should have been removed. It was simply a call to debate the necessity
of Öcalan’s detention in solitary confinement and its removal did not serve the aim of the
Dangerous Individuals and Organizations policy “to prevent and disrupt real-world harm.”
Instead, the removal resulted in a restriction on freedom of expression about a human rights
concern.
https://www.oversightboard.com/decision/IG-I9DP23IB/
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