Meta Platforms’ oversight board has overturned the company’s decision to remove two Instagram posts depicting transgender and non-binary people with bare chests.
The board, which operates independently but is funded by Meta, ruled that the company’s adult nudity policy is based on a binary view of gender and is unclear in its application to intersex, non-binary, and transgender people. The cases in question involved posts made under an Instagram account maintained by a U.S.-based couple, featuring images of the couple bare-chested with their nipples covered and captions discussing transgender healthcare and gender-affirming surgery.
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The board stated that the company’s restrictions and exceptions to the rules on female nipples were extensive and confusing, creating confusion for users and moderators and leading to content being wrongly removed.
The oversight board was created by the company to rule on a small slice of thorny content moderation appeals and can also advise on site policies.
