10 Lessons from the First Decisions of Facebook’s Oversight Board

1. A Presumption Against Takedowns

2. The Three Kinds Of Relevant Standards

3. Community Standards vs. Values vs. Relevant Human Rights Standards

4. Falsity Alone Is Not Sufficient For A Takedown

5. The Prevailing Test Under RHRS

6. Context Is King

7. The Importance of Human Decisionmaking

8. Board Broadly Interprets Its Jurisdiction

  • First, its jurisdiction extended to any dispute that existed after the internal appeals process within Facebook completed. (In this instance, Facebook only restored the content after the Board accepted the case.)
  • Second, the Board retained jurisdiction as the removal caused “irreversible harm,” as the content was not restored until after conclusion of breast cancer awareness month.
  • Third, under the Bylaws, “Facebook is committed to take action on ‘identical content with parallel context.’” As such, the Board’s decisions “decision[] extends far beyond the content in this case.”
  • Fourth, where automation is concerned, “the content policies are essentially embedded into code and may be considered inseparable from it and self-enforcing.” Human assessment is thus especially important.

9. Board Will Demand Clear Standards From Facebook

10. A Lack Of Access



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