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Oversight Board Case of Niger Coup Cartoon

Closed Expands Expression

Key Details

  • Mode of Expression
    Electronic / Internet-based Communication
  • Date of Decision
    December 8, 2023
  • Outcome
    Oversight Board Decision, Overturned Meta’s initial decision
  • Case Number
    2023-047-FB-UA
  • Region & Country
    France, International
  • Judicial Body
    Oversight Board
  • Type of Law
    International Human Rights Law, Meta's content policies
  • Themes
    Facebook Community Standards, Hate Speech/Hateful Conduct
  • Tags
    Facebook

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Case Analysis

Case Summary and Outcome

The Oversight Board issued a summary decision on December 8, 2023, overturning Meta’s decision to remove a cartoon image depicting the 2023 military coup in Niger for violating its hate speech policy. The image depicted a Niger-labeled military boot kicking a person in a red hat and dress featuring Africa’s outline. The Board noted that this case highlighted inaccuracies in Meta’s hate speech moderation systems. Meta reversed its decision after being notified of the appeal.

*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. The Board issues full decisions and summary decisions. Decisions, except summary decisions, are binding unless implementing them could violate the law. The Board can also choose to issue recommendations on the company’s content policies. Summary decisions are a transparency mechanism, providing information to the public on Meta’s decision making and the Board’s recommendations relating to cases where Meta reversed its original decision on its own accord, after receiving notice from the Board about the appeal.

Facts

In July 2023, a France-based user posted a cartoon depicting a military boot labeled “Niger” kicking a person wearing a dress shaped like the African continent. Earlier that month, General Abdourahamane Tchiani had led a military coup, ousting President Mohamed Bazoum and declaring himself president.

Meta removed the post from Facebook for violating its Hate Speech policy, which prohibits content that attacks people based on protected characteristics, including depictions of violence against such groups.

The user appealed Meta’s decision.

Decision Overview

The main issue before the Oversight Board was whether the removal of the post aligned with Meta’s values, content policies and human rights responsibilities.

Upon being notified of the appeal, Meta reversed its decision and restored the content, concluding that it did not violate its policies.

The Board noted that this case exemplified the inaccuracies in Meta’s hate speech moderation systems. It recalled its recommendation from the “Breast Cancer Symptoms and Nudity” decision to implement a process for analyzing a representative sample of reversed automated content removals. Meta claimed that it followed such a process, but did not publish information to demonstrate it.

The Board overturned Meta’s original removal decision and acknowledged the company’s correction of the error.

Decision Direction

Quick Info

Decision Direction indicates whether the decision expands or contracts expression based on an analysis of the case.

Expands Expression

By overturning Meta’s original decision, the Oversight Board promotes freedom of expression by urging Meta to minimize enforcement errors that could suppress lawful speech.

Global Perspective

Quick Info

Global Perspective demonstrates how the court’s decision was influenced by standards from one or many regions.

Table of Authorities

Related International and/or regional laws

Case Significance

Quick Info

Case significance refers to how influential the case is and how its significance changes over time.

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.”

Official Case Documents

Official Case Documents:

Attachments:

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