Content creators have long criticized Facebook and Instagram for their content moderation policies regarding partially nude photos, arguing that their practices are inconsistent and often biased. women and LGBTQ people.
This week, the oversight board of Meta, the platform’s parent company, strongly recommended that it clarify its guidelines for such photos after Instagram removed two posts depicting people. transgender and non-binary topless.
The posts were quickly reinstated after the pair appealed and Meta’s supervisory board overturned the original decision to delete them. This is the first instance of the board directly involving users who do not conform to gender.
“Restrictions and exceptions to female nipple rules are broad and confusing, especially when they apply to transgender and non-binary people,” said Meta Supervisory Board. say in its summary case on Tuesday. “The lack of clarity inherent in this policy creates uncertainty for users and reviewers, and makes it unfeasible in practice.”
The issue arose when a transgender and non-bisexual couple posted topless photos with nipples covered in 2021 and 2022. The captions included details of a fundraiser to a member. member of the couple breast augmentation surgery, a sex-affirming procedure to flatten a person’s breasts. Instagram removed the photos after other users reported them, saying they depicted breasts violate The site’s community standards for sexual solicitation. The couple appealed the decision and the photos were later reinstated.
The Instagram back-and-forth has highlighted criticism that the platform’s guidelines for adult content are unclear. According to its community principleInstagram bans nudity but makes some exceptions for many types of content, including posts that raise awareness about mental health, descriptions of breastfeeding, and “health-related situations.” health” — parameters that Meta’s board described as “complex and poorly defined” in its summary.
How to decide what descriptions of people’s breasts should be allowed on social media platforms has long been a source of controversy. Many artists and activists argue that there is a double standard by which articles about women’s breasts are more likely to be deleted than men’s. Advocates say that is also the case for transgender and non-bisexual people.
Meta’s Oversight Board, a body of 22 academics, journalists and human rights advocates, is funded by Meta but operates independently of the company and makes decisions that are binding on the company. The group recommends that platforms further clarify Community Standards for Adult Sexuality and Nudity, “so that all are treated in a manner consistent with international human rights standards.” , without discrimination on the basis of sex or gender”.
It also calls for a “comprehensive human rights impact assessment of such change, engaging various stakeholders and creating a plan to address any identified harms.” .”
Meta has 60 days to review the supervisory board’s summary, and a company spokesperson said it will publicly respond to each of the board’s recommendations by mid-March.
