This case further illustrates that insufficient human oversight of automated moderation in the
context of a crisis response can lead to erroneous removal of speech that may be of
significant public interest. Both the initial decision to remove this content as well as the
rejection of the user’s appeal were taken automatically based on a classifier score, without
any human review. This, in turn, may have been exacerbated by Meta’s crisis response of
lowering the removal threshold of content under the Violent and Graphic Content policy
following the October 7 attacks. This means that even if the classifier gives a relatively lower
score to the likelihood of violation than would usually be required, Meta removes that content.
For Meta to employ its automated systems in a manner compatible with its human-rights
commitments, the Board reminds Meta of recommendation no. 1 in the Colombia Police
Cartoon case. In that case, the Board called on Meta to ensure that content with high rates of
appeal and high rates of successful appeal be reassessed for possible removal from its Media
Matching Service banks. In response to this recommendation, Meta established a designated
working group committed to governance improvements across its Media Matching Service
banks (See Meta's most recent updates on this here). The Board notes that it is important for
this group to pay particular attention to the use of Media Matching Services in the context of
armed conflicts. In the Breast Cancer Symptoms and Nudity case (recommendation no. 3 and
no. 6), the Board recommended that Meta inform users when automation is used to take
enforcement action against their content, and to disclose data on the number of automated
removal decisions per Community Standard and the proportion of those decisions
subsequently reversed following human review. This is particularly important when the
confidence thresholds for content that is likely violating have reportedly been significantly
lowered. The Board urges Meta to make further progress in the implementation of
recommendation no. 6 and share evidence of implementation with the Board for
recommendation no. 3.
Restrictions on freedom of expression must be non-discriminatory, including on the basis of
nationality, ethnicity, religion or belief, or political or other opinion (Article 2, para. 1, and
Article 26, ICCPR). Discriminatory enforcement of the Community Standards undermines this
fundamental aspect of freedom of expression. In the Shared Al Jazeera Post case, the Board
raised serious concerns that errors in Meta’s content moderation in Israel and the Occupied
Palestinian Territories may be unequally distributed, and called for an independent
investigation (Shared Al Jazeera Post decision, recommendation no. 3). The Business for
Social Responsibility (BSR) Human Rights Impact Assessment, which Meta commissioned in
response to that recommendation, identified “various instances of unintentional bias where
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