Meta's Oversight Board has deemed Meta was right to leave up two videos reported for hate speech and harassment, though it recommends changes for the company. The decision follows revisions Meta made in January to its Hateful Conduct Policy.
The Board started looking into the two posts last August. One of the videos showed a trans woman being confronted in a bathroom by another woman who misgenders the trans woman and asks why they should be allowed to use the women's room. The included caption states that the trans woman is a "male student who thinks he's a girl." The second is of a trans woman winning a track race with onlookers disapproving. That caption similarly calls the individual, a "boy who thinks he's a girl" and names the person (who is a minor).
In its decision, the Board claims that "public debate on policies around transgender peoples' rights and inclusion is permitted, with offensive viewpoints protected under international human rights law on freedom of expression." Yes, you did read "offensive viewpoints" and "permitted" in the same sentence. It goes on to state that a majority of the Board couldn't find a strong enough "link" between removing these posts and limiting harm to trans individuals and that they didn't "represent" harassment or bullying.
"Transgender women and girls' access to women's bathrooms and participation in sports are the subjects of ongoing public debate that involves various human rights concerns. It is appropriate that a high threshold be required to suppress such speech," the decision continues.
The Board states that Meta's recent "hastily announced" policy changes didn't influence its decision but that it is concerned about content and implementation. "Meta should identify how the policy and enforcement updates may adversely impact the rights of LGBTQIA+ people, including minors, especially where these populations are at heightened risk," the Board states. "It should adopt measures to prevent and/or mitigate these risks and monitor their effectiveness. Finally, Meta should update the Board every six months on its progress, reporting on this publicly at the earliest opportunity."
The Board also calls out a specific line in Meta's updated policy which states, "We do allow allegations of mental illness or abnormality when based on gender or sexual orientation, given political and religious discourse about transgenderism and homosexuality and common non-serious usage of words such as 'weird.'" It recommends Meta remove the word "transgenderism," a phrase organizations such as the Human Rights Campaign called out as signaling "a disturbing alignment with anti-LGBTQ+ political rhetoric."
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