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Oversight Board Case of Iranian Woman Confronted on Street

Case Law

Country

Iran

Country Location

Latitude: 32.66018807572586

Longitude: 54.435539245605476

Country Location (linked Case Law): Iran

Decision Date: 7 de mar. de 2024

Case Status: Closed

Case Outcome (Disposition)

Overturned Meta’s initial decision

Keywords

Digital Rights
Incitement to Violence
Internet
Oversight Bodies
Social Media

Judicial Body: Meta's Oversight Board

Court Name: Oversight Board

Case Number: 2023-032-IG-UA

Case Summary: On March 7, 2024, the Oversight Board overturned Meta’s original decision to remove an Instagram video of a man confronting a woman for not wearing a hijab in Iran. Meta originally removed the post after considering that a phrase from the caption was a credible threat targeting the man in the video, which violated the Violence and Incitement policy. According to the Board, the post did not violate the policy as the phrase was figurative speech used to express anger at the regime. Moreover, the Board found the removal unnecessary and recommended Meta add a policy lever to its Crisis Policy Protocol used in Iran (policy levers are temporary policy changes that aid Meta in addressing the situation in designated at-risk countries such as Iran).

*The Oversight Board is a separate entity from Meta and will provide its independent judgment on both individual cases and questions of policy. Both the Board and its administration are funded by an independent trust. The Board has the authority to decide whether Facebook and Instagram should allow or remove content. These decisions are binding, unless implementing them could violate the law. The Board can also choose to issue recommendations on the company’s content policies.

Case Significance: Expands Expression

Through this decision, the Board expanded expression by stressing the importance of context analysis when determining whether a statement constituted incitement or a threat of violence. Moreover, the Board noted the crucial role of digital spaces in the struggle for women’s rights in Iran. The Board also underlined the use of rhetorical statements to convey strong feelings and the wider scope of protection these statements enjoy as they fall within the scope of political speech.

The decision establishes a binding or persuasive precedent within its jurisdiction.

According to Article 2 of the Oversight Board Charter, “For each decision, any prior board decisions will have precedential value and should be viewed as highly persuasive when the facts, applicable policies, or other factors are substantially similar.” In addition, Article 4 of the Oversight Board Charter establishes, “The board’s resolution of each case will be binding and Facebook (now Meta) will implement it promptly, unless implementation of a resolution could violate the law. In instances where Facebook identifies that identical content with parallel context – which the board has already decided upon – remains on Facebook (now Meta), it will take action by analyzing whether it is technically and operationally feasible to apply the board’s decision to that content as well. When a decision includes policy guidance or a policy advisory opinion, Facebook (now Meta) will take further action by analyzing the operational procedures required to implement the guidance, considering it in the formal policy development process of Facebook (now Meta), and transparently communicating about actions taken as a result.”

Related Caselaw (self)

Related Law

International Covenant on Civil and Political Rights (ICCPR)

Source Name and URL: Global Freedom of Expression

Collection

Columbia

Date Updated: 18 de out. de 2024

Primary Documents

Decision.pdf
Portuguese
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CYRILLA: Global Digital Rights Law

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Oversight Board Case of Iranian Woman Confronted on Street

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