Case Summary and Outcome

The Oversight Board issued a summary decision on April 18, 2024, overturning Meta’s original decision to remove two Facebook posts featuring a video interview with a Thai hostage negotiator. The negotiator described his experience negotiating with Hamas to secure Thai hostages’ release. The Board noted that this case underlined the over-enforcement of Meta’s Dangerous Organizations and Individuals (DOI) policy, which restricts users’ access to neutral commentary, news reporting, and critical posts, ultimately undermining free expression. After being notified of the appeal, Meta reversed its decision and restored the posts.

*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 November 2023, two users posted clips from a Sky News interview with a Thai negotiator detailing his experience negotiating with Hamas to release Thai hostages. The negotiator stated that he believed Thai hostages and all hostages were treated well by Hamas, in accordance with Islamic law, and that Hamas released Thai hostages unconditionally.

During the interview, the negotiator also expressed sympathy for Palestinians, describing years of mistreatment by Israelis in the occupied territories. He emphasized that Hamas targeted soldiers and justified taking hostages to draw global attention to Israel’s treatment of Palestinians.

Meta initially removed the posts for violating the Dangerous Organizations and Individuals (DOI) policy, which prohibits glorification, support, or representation of designated groups like Hamas. However, the policy permits references to such groups in the context of news reporting, neutral discussion, condemnation, or social and political discourse.

In December 2023, both users appealed Meta’s decision to the Board. Upon notification, Meta restored the posts.

Decision Overview

The main issue before the Board was whether Meta’s original decision to remove the posts was compatible with Meta’s values, content policies and human rights obligations.

Both users submitted statements with their appeals. One user stated that their intent was to present a more balanced view of Hamas, contrary to Western media narratives, as reflected in their caption, noting the negotiator’s refusal to adhere to those narratives. The other user explained that their post aimed to call out those who lie and manipulate in support of Hamas.

On Meta’s end, the company reversed its decision, determining the posts did not glorify, support, or represent a dangerous group. The company acknowledged the video fell under the news reporting allowance, as it had been shared by Sky News and other outlets on Facebook.

The Board noted that this case highlighted the overenforcement of the DOI policy and expressed concern over the detrimental impact such overenforcement and moderation errors have on freedom of expression. The Board also emphasized that repeated misapplications of this policy restrict users’ access to neutral commentary, news reporting, and critical posts.

The Board recalled its recommendation from the “Öcalan’s Isolation” decision, urging Meta to include more detailed DOI policy error rates in its transparency reports. However, after a feasibility assessment, Meta declined to implement this.

Moreover, the Board reiterated its recommendation from the “Shared Al Jazeera Post” decision, calling for clearer DOI policy criteria and examples, particularly for news reporting. This was relevant to the case at hand due to the removal of news coverage about Hamas’s military wing. The Board also cited its  “Mention of Taliban in News Reporting”  recommendation, urging Meta to evaluate reviewer accuracy in applying the news reporting allowance to identify issues causing enforcement errors. Meta reported implementing both recommendations.

The Board also recalled its recommendation from the “Cambodian Prime Minister” decision for Meta to adopt a more robust guideline to ensure more accurate review of long-form videos. Meta committed to improving this process.

Ultimately, the Board overturned Meta’s original decision and acknowledged its correction of the initial error, stressing the importance of fully implementing the Board’s recommendations to reduce enforcement errors under the DOI policy.