restriction on expression. The content in this case is more similar to the content in the Video
After Nigeria Church Attack decision, showing dead and injured people at close range, with
very clear visual indicators of violence.
In this case, the depiction of injured and lifeless children makes the video especially
distressing. In circumstances like these, providing users with the choice of whether to see
disturbing content is a necessary and proportionate measure (see also Armenian Prisoners of
War Video).
The Board finds that excluding content raising awareness of potential human-rights abuses
and violations of the laws of war, conflicts or acts of terrorism from recommendations
reaching adults is not a necessary or proportionate restriction on freedom of expression, in
view of the very high public interest in such content. Warning screens and removal from
recommendations serve separate functions, and should in some instances be decoupled, in
particular in crisis situations. Recommendations on Instagram are generated by automated
systems that suggest content to users based on users’ predicted interests. Removing
content from recommendation systems means reducing the reach that this content would
otherwise get. The Board finds this practice interferes with freedom of expression in
disproportionate ways in so far as it applies to content that is already limited to adult users
and that is posted to raise awareness, condemn, or report on matters of public interest such
as the development of a violent conflict.
The Board recognizes that immediate responses to a crisis can require exceptional
temporary measures, and that in some contexts it is legitimate to prioritize safety concerns
and to temporarily and proportionally place greater restrictions on freedom of expression.
Some of these are outlined, for example, in the commitments to counter “terrorist and violent
extremist content” established in the Christchurch Call. However, the Board notes that the
Christchurch Call emphasizes the need to respond to such content in a manner consistent
with human rights and fundamental freedoms. The Board believes that safety concerns do
not justify erring on the side of removing graphic content that has the purpose of raising
awareness about or condemning potential war crimes, crimes against humanity, or grave
violations of human rights. Such restrictions can even obstruct information necessary for the
safety of people on the ground in those conflicts.
Measures such as not imposing strikes do help to mitigate the potentially disproportionate
adverse effects of enforcement errors due to emergency measures like reducing confidence
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