Oversight Board Case of Anti-colonial Leader Amílcar Cabral

Closed Expands Expression

Key Details

  • Mode of Expression
    Electronic / Internet-based Communication
  • Date of Decision
    June 27, 2023
  • Outcome
    Oversight Board Decision, Overturned Meta’s initial decision
  • Case Number
    2023-017-FB-UA
  • Region & Country
    Guinea-Bissau, Africa
  • Judicial Body
    Oversight Board
  • Type of Law
    Meta's content policies
  • Themes
    Artistic Expression, Facebook Community Standards, Violence And Criminal Behavior, Dangerous Individuals and Organizations
  • Tags
    Facebook, Oversight Board Content Policy Recommendation, Oversight Board Enforcement Recommendation

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Case Analysis

Case Summary and Outcome

The Oversight Board issued a summary decision overturning Meta’s original removal of a Facebook post containing a poem praising Amílcar Cabral, the Pan-African intellectual and revolutionary leader. After the Board notified Meta of the appeal, the company acknowledged the removal was an error, reversed its decision, and restored the post. The Board considered this case an example of an enforcement mistake under the Dangerous Organizations and Individuals (DOI) policy. It reiterated the importance of implementing 13 previous recommendations aimed at clarifying the policy and improving enforcement. While Meta has adopted 10 recommendations and declined three, the Board emphasized that further improvements to the DOI policy and moderation systems are needed. It welcomed Meta’s commitment to refining its enforcement practices to prevent future mistaken removals of content referencing Cabral—an update now applied platform-wide.

*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 January 2023, a Facebook user published a poem in French commemorating Amílcar Cabral, the Pan-African intellectual and revolutionary leader who spearheaded the struggle for independence from Portuguese colonial rule in Guinea-Bissau and Cabo Verde. Shared on the anniversary of Cabral’s assassination, the post praised his role in the anti-colonial movement and his broader influence across Africa. The user stated that the poem was originally written in 1973 and published in an African-Asian journal.

Meta removed the post for violating its Dangerous Organizations and Individuals (DOI) policy, which prohibits content that praises, supports, or represents designated dangerous individuals or entities. The user appealed Meta’s decision to the Oversight Board. As stated in the decision, “After the Board brought this case to Meta’s attention, the company determined that its removal was incorrect and restored the content to the platform.” [p. 2]


Decision Overview

On 27 June 2023, the Oversight Board issued a summary decision on the matter. The central issue was whether Meta’s removal of a Facebook post containing a poem commemorating Amílcar Cabral—a revolutionary leader and prominent figure in Africa’s anti-colonial struggle—was consistent with its content policies and human rights responsibilities.

The user appealed the removal, explaining the poem dated back several decades and was shared to honor Cabral’s legacy on the anniversary of his assassination.

After being notified of the appeal, Meta acknowledged its original decision was erroneous and reversed it. The company clarified that Cabral is not designated as a dangerous individual under the DOI policy and may have been mistakenly associated with someone who is. Meta stated that, as a result of this case, it improved its enforcement practices to prevent future mistaken removals of content referencing Cabral.

The Board highlighted this case as a clear enforcement error under the DOI policy. It noted that it has issued at least 13 recommendations in previous decisions, urging Meta to clarify and improve the policy’s application (Mention of the Taliban in news reporting, Shared Al Jazeera post, Öcalan’s isolation, Nazi quote). Meta has implemented 10 of these recommendations and declined three. The Board stressed that further policy refinement and system improvements are necessary to reduce enforcement errors.

Accordingly, the Board overturned Meta’s original decision and welcomed the corrective steps taken by the company, noting the updated enforcement practice will apply platform-wide to similar content.


Decision Direction

Quick Info

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

Expands Expression

This decision expands expression. It emphasizes the importance of protecting artistic and commemorative expression, particularly when it contributes to historical memory and public discourse. By overturning the removal of a poem honoring Amílcar Cabral, the Board underscored that Meta’s enforcement of its DOI policy must not suppress legitimate speech, including artistic content celebrating figures of historical and cultural significance. The case highlights the need for more accurate enforcement mechanisms to avoid wrongful removals that can chill expression and erase contributions to anti-colonial and liberation movements.

Global Perspective

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

Table of Authorities

General Law Notes

 

 

 

Case Significance

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

This case did not set a binding or persuasive precedent either within or outside its jurisdiction. The significance of this case is undetermined at this point in time.

Official Case Documents

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