Case Summary and Outcome

The Oversight Board issued a summary decision on December 8, 2023, overturning Meta’s decision to remove a post featuring an image of Yusuf Gagdi, a Nigerian politician, with the caption “PKK,” referring to a federal constituency in Nigeria. Meta had removed the post under its Dangerous Organizations and Individuals (DOI) policy, as “PKK” is also the acronym for the Kurdistan Workers’ Party, a designated terrorist organization in Turkey. The Board found that this case exemplified overenforcement of the policy, as the post clearly referred to Gagdi’s representation of the Pankshin/Kanam/Kanke Federal Constituency in Nigeria and did not mention or reference any designated groups or individuals. Meta reversed its original decision after being notified of the user’s appeal by the Board.

*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 user posted a photo of Nigerian politician Yusuf Gagdi with the caption: “Rt Hon Yusuf Gagdi OON member of the house of reps PKK” on Facebook. Gagdi represents the Pankshin/Kanam/Kanke Federal Constituency in Plateau State, which is often abbreviated as “PKK.” However, “PKK” is also the acronym for the Kurdistan Workers’ Party, a designated dangerous organization.

Meta initially removed the post for violating its Dangerous Organizations and Individuals (DOI) policy, which prohibits content that supports individuals or organizations designated as dangerous.

The user appealed the decision to the Oversight Board.

Decision Overview

The key issue before the Board was whether removing the post under the DOI policy was consistent with Meta’s values, content policies and its human rights responsibilities.

In the appeal to the Board, the user explained that the post featured a picture of an elected Nigerian representative presenting a motion in the legislature and did not violate Meta’s content policies.

On the other hand, Meta reversed its decision after being notified of the appeal, determining that the removal had been incorrect, as the user was not referring to any designated organization or individual.

The Board found that this case illustrated the overenforcement of the DOI policy, which can suppress legitimate political commentary and restrict freedom of expression.

The Board referred to a recommendation from the “Öcalan’s Isolation” decision, which advised Meta to assess its automated moderation systems related to DOI policy enforcement. Meta declined to implement that recommendation. The Board also reiterated a recommendation from the “Breast Cancer Symptoms and Nudity” decision, calling for an internal audit process for automated content removals to help reduce and reverse errors. Meta responded that such a process is already in place but did not provide supporting evidence of implementation.

The Board overturned Meta’s original decision and acknowledged Meta’s subsequent correction. It urged Meta to implement outstanding recommendations to reduce future enforcement errors.