30/9/22, 14:55 8. Oversight Board Analysis Oversight Board | Independent Judgment. Transparency. Legitimacy. 8.1 Compliance with Facebook content policies Facebook’s decision to remove the user’s Instagram post did not comply with the company’s content policies. According to Facebook, the Community Standards operate across the company’s products, including Instagram. The user in this case was notified that the content violated Instagram’s Community Guidelines, which were quoted to the user. The differences between these rules warrants separate analysis. I. Instagram’s Community Guidelines The “short” Community Guidelines summarize Instagram’s rules as: “Respect everyone on Instagram, don’t spam people or post nudity.” Taken on their own, these imply that the user’s post violates Instagram’s rules. The “long” Community Guidelines go into more detail. Under the heading “post photos and videos that are appropriate for a diverse audience,” they state: [F]or a variety of reasons, we don’t allow nudity on Instagram […] It also includes some photos of female nipples, but photos of post-mastectomy scarring and women actively breastfeeding are allowed. This explanation does not expressly allow photos of uncovered female nipples to raise breast cancer awareness. While Instagram’s Community Guidelines include a hyperlink to Facebook’s Community Standard on Adult Nudity and Sexual Activity, the relationship between the two sets of rules, including which takes precedence, is not explained. II. Facebook’s Community Standards The Community Standard on Adult Nudity and Sexual Activity, under Objectionable Content, states that the display of adult nudity, defined to include “uncovered female nipples,” as well as sexual activity, is generally restricted on the platform. Two reasons are given for this position: “some people in our community may be sensitive to this type of https://www.oversightboard.com/decision/IG-7THR3SI1 9/16