Meta’s board of supervisors on Tuesday overturned the company’s decision to remove two Instagram posts depicting shirtless transgender and non-binary people, saying Meta needed to change its policy to make it more inclusive.
The Board, which is funded by Meta However, working independently, said in a ruling that the company’s nudity policy is based on a binary view of gender, which makes it unclear how the rules apply to intersex, non-binary and transgender people.
The cases referred by the board included two items in 2021 and 2022, which are under a Instagram Account held by a US resident couple. The posts included images of the couple shirtless and nipples covered, and their captions addressed transgender health and gender-affirming surgeries.
Meta’s policy prohibits images containing female nipples except in certain circumstances, such as: B. breastfeeding and surgical procedures to confirm gender.
“The limitations and exceptions to the rules for female nipples are extensive and confusing, especially as they apply to transgender and non-binary people,” the board said.
It added that “this is causing confusion for users and moderators and, as recognized by Meta, results in content being removed in error.”
The oversight board, which includes academics, legal experts and attorneys, was set up by the company to rule on a small subset of sensitive content moderation complaints, but can also advise on policies on the ground.
© Thomson Reuters 2023