Oversight Board presses Meta to revise ‘convoluted and poorly outlined’ nudity coverage • TechCrunch

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Meta’s Oversight Board, which independently evaluates tough content material moderation selections, has overturned the corporate’s takedown of two posts that depicted a non-binary and transgender particular person’s naked chests. The case represents a failure of a convoluted and impractical nudity coverage, the Board mentioned, and really useful that Meta take a critical take a look at revising it.
The choice involved two individuals who, as a part of a fundraising marketing campaign for one of many couple who hoped to endure prime surgical procedure (usually talking the discount of breast tissue). They posted two pictures to Instagram, in 2021 and 2022, each with naked chests however nipples lined, and included a hyperlink to their fundraising website.
These posts have been repeatedly flagged (by AI and customers) and Meta in the end eliminated them, as violations of the “Sexual Solicitation Neighborhood Normal,” mainly as a result of they mixed nudity with asking for cash. Though the coverage is plainly supposed to forestall solicitation by intercourse staff (one other challenge completely), it was repurposed right here to take away completely innocuous content material.
When the couple appealed the choice and introduced it to the Oversight Board, Meta reversed it as an “error.” However the Board took it up anyway as a result of “eradicating these posts shouldn’t be in step with Meta’s Neighborhood Requirements, values or human rights tasks. These instances additionally spotlight basic points with Meta’s insurance policies.”
They needed to take the chance to level out how impractical the coverage is because it exists, and to suggest to Meta that it take a critical take a look at whether or not its method right here really displays its said values and priorities.
The restrictions and exceptions to the foundations on feminine nipples are intensive and complicated, significantly as they apply to transgender and non-binary individuals. Exceptions to the coverage vary from protests, to scenes of childbirth, and medical and well being contexts, together with prime surgical procedure and breast most cancers consciousness. These exceptions are sometimes convoluted and poorly outlined. In some contexts, for instance, moderators should assess the extent and nature of seen scarring to find out whether or not sure exceptions apply. The dearth of readability inherent on this coverage creates uncertainty for customers and reviewers, and makes it unworkable in observe.
Basically: even when this coverage did characterize a humane and applicable method to moderating nudity, it’s not scalable. For one motive or one other, Meta ought to modify it. The abstract of the Board’s resolution is right here and features a hyperlink to a extra full dialogue of the problems.
The apparent menace Meta’s platforms face, nonetheless, ought to they loosen up their nudity guidelines, is porn. Founder Mark Zuckerberg has mentioned previously that making his platforms applicable for everybody necessitates taking a transparent stance on sexualized nudity. You’re welcome to put up horny stuff and hyperlink to your OnlyFans, however no hardcore porn in Reels, please.

However the Oversight Board says this “public morals” stance is likewise in want of revision (this excerpt from the total report calmly edited for readability):
Meta’s rationale of defending “neighborhood sensitivity” deserves additional examination. This rationale has the potential to align with the reliable goal of “public morals.” That mentioned, the Board notes that the goal of defending “public morals” has generally been improperly invoked by governmental speech regulators to violate human rights, significantly these of members of minority and weak teams.
…Furthermore, the Board is worried concerning the identified and recurring disproportionate burden on expression which were skilled by girls, transgender, and non-binary individuals resulting from Meta’s insurance policies…
The Board obtained public feedback from many customers that expressed concern concerning the presumptive sexualization of girls’s, trans and non-binary our bodies, when no comparable assumption of sexualization of pictures is utilized to cisgender males.
The Board has taken the bull by the horns right here. There’s no sense dancing round it: the coverage of recognizing some our bodies as inherently sexually suggestive, however not others, is just untenable within the context of Meta’s purportedly progressive stance on such issues. Meta desires to have its cake and eat it too: give lip service to individuals just like the trans and NB individuals like those that introduced this to its consideration, but in addition respect the extra restrictive morals of conservative teams and pearl-clutchers worldwide.
The Board Members who assist a intercourse and gender-neutral grownup nudity coverage acknowledge that beneath worldwide human rights requirements as utilized to states, distinctions on the grounds of protected traits could also be made based mostly on cheap and goal standards and once they serve a reliable objective. They don’t imagine that the distinctions inside Meta’s nudity coverage meet that normal. They additional observe that, as a enterprise, Meta has made human rights commitments which can be inconsistent with an method that restricts on-line expression based mostly on the corporate’s notion of intercourse and gender.
Citing a number of studies and internationally-negotiated definitions and developments, the Board’s resolution suggests {that a} new coverage be cast that abandons the present construction of categorizing and eradicating pictures, substituting one thing extra reflective of contemporary definitions of gender and sexuality. This will likely, in fact, they warn, depart the door open to issues like nonconsensual sexual imagery being posted (a lot of that is routinely flagged and brought down, one thing which may change beneath a brand new system), or an inflow of grownup content material. The latter, nonetheless, could be dealt with by different implies that whole prohibition.
When reached for remark, Meta famous that it had already reversed the removing and that it welcomes the Board’s resolution. It added: “We all know extra could be completed to assist the LGBTQ+ neighborhood, and which means working with specialists and LGBTQ+ advocacy organizations on a variety of points and product enhancements.” I’ve requested for particular examples of organizations, points, or enhancements and can replace this put up if I hear again.

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