Case Summary and Outcome

The Oversight Board issued a summary decision overturning Meta’s original decision to remove a video on Facebook demonstrating how to perform a breast self-exam, as it fell within the health-related exceptions to the Adult Nudity and Sexual Activity policy. The Board highlighted this case as an example of an inconsistent enforcement choice that disproportionately impacted women’s freedom of expression and their right to access health information. It stressed that removing such educational content undermined efforts to promote the early detection of breast cancer and hindered the ability of women and girls to make informed decisions about their health.

*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 April 2014, a Facebook user posted an educational video on the platform demonstrating how women could perform monthly breast self-examinations to detect signs of breast cancer. The animated video, which included a depiction of a nude female breast, was accompanied by a caption emphasizing the importance of early detection and seeking medical advice.

Nearly a decade later, Meta—Facebook’s parent company—removed the post under its Adult Nudity and Sexual Activity policy, which restricts images of uncovered female nipples—except to raise awareness about breast cancer, among other allowances. The user appealed to the Oversight Board (OSB), expressing disbelief that the video was taken down after so many years, stressing its life-saving intent and questioning whether content involving male anatomy would have been treated similarly. Meta later acknowledged that the post’s content fell within the “cancer awareness exception” and restored it. However, it remains unclear why it was flagged so long after its original posting.

Decision Overview

On 18 December 2023, the Oversight Board issued a summary decision on the matter. The main issue before the OSB was whether Meta’s removal of a post raising awareness about breast cancer was consistent with the company’s content policies and human rights responsibilities.

The Board considered that this case exposed inconsistencies in how Meta enforces its Adult Nudity and Sexual Activity Community Standard, which prohibits images showing female nipples except when they raise awareness about cancer. These inconsistencies disproportionately restrict women’s rights to freedom of expression and access to health information. Content moderation systems should enable, not obstruct, the dissemination of educational content on breast cancer prevention aimed at women and girls, the OSB considered.

The Board referred to its earlier decision in the Breast Cancer Symptoms and Nudity case, in which it recommended that Meta improve its accuracy in detecting and moderating breast cancer awareness posts. It also urged the company to conduct an internal audit to track error rates and take corrective measures. While Meta submitted documentation showing partial implementation of the first recommendation, it failed to provide evidence of compliance with the second.

The OSB also emphasized that users should have the right to appeal automated removals of breast cancer awareness content to a human reviewer, as previously recommended in the Breast Cancer Symptoms and Nudity decision. However, Meta declined to implement this recommendation, citing concerns about feasibility.

In conclusion, the Board reaffirmed that Meta should fully implement its prior recommendations to minimize wrongful removals of content related to breast cancer education and awareness. It held that the post in question should not have been removed. Thus, the OSB overturned the company’s original decision to delete the content from Facebook.