केस विवरण
These two cases concern content decisions made by Meta, on Facebook and Instagram, which the Oversight Board intends to address together.
In the first case, a Facebook user in the United States posted a video of a woman confronting a transgender woman for using the women’s bathroom. The post refers to the person being confronted as a man and asks why it is permitted for them to use a women’s bathroom.
In the second case, an Instagram account posted a video of a transgender girl winning a female sports competition in the United States, with some spectators vocally disapproving of the result. The post refers to the athlete as a boy, questioning whether they are female.
Both posts were shared in 2024 and received thousands of views and reactions. They were reported for Hate Speech and Bullying and Harassment multiple times, but Meta left both posts up on Facebook and Instagram, respectively. After appealing to Meta against the company’s decisions, two of the users who reported the content then appealed to the Oversight Board.
Following the Board’s selection of these cases, Meta considered both posts under its Hate Speech and Bullying and Harassment policies and concluded that neither violated its Community Standards. Both posts remained up. Meta’s Hate Speech Community Standard prohibits direct attacks targeting a person or group of people on the basis of protected characteristics, including sex, gender identity and sexual orientation, with “exclusion or segregation in the form of calls for action, statements of intent, aspirational or conditional statements, or statements advocating or supporting [exclusion].” The Hate Speech policy does not include misgendering as a form of prohibited “attack.” Misgendering means referring to a person using a word, especially a pronoun or the way in which they are addressed, that does not reflect their gender identity. Meta informed the Board that neither post violated its Hate Speech policy, adding that even if the post in the first case could constitute a call for exclusion, it would still be kept up under the newsworthiness allowance, given “transgender people’s access to bathrooms that correspond to their gender identity is the subject of considerable political debate in the United States.”
Meta’s Bullying and Harassment Community Standard prohibits “cognizable attacks and calls for exclusion” targeted at a private minor, private adult (if reported by the targeted person) or an involuntary public figure who is a minor (including statements advocating or supporting exclusion of a person). The public-facing language of the Bullying and Harassment policy does not consider misgendering a person to be a cognizable attack or call for exclusion. Meta informed the Board that the content in the first case did not violate the Bullying and Harassment policy as there was “no explicit call for exclusion present in the post and because the post was not self-reported by the person depicted in the video.” The company stated that although the second post targeted a minor who Meta considers to be an involuntary public figure, it did not contain a “cognizable attack or call for exclusion” so did not violate this Community Standard. Meta explained that the company allows “more discussion and debate around public figures in part because – as here – these conversations are often part of social and political debates and the subject of news reporting.”
In their statement to the Board, the user who appealed the post in the first case explained that Meta allowed what in their view is a transphobic post to stay on its platform. The user who appealed the post in the second case said that the post attacks and harasses the athlete with language that in their view violates Meta’s Community Standards.
The Board selected these cases to assess whether Meta’s approach to moderating discussions around gender identity respects users’ freedom of expression and the rights of transgender and non-binary people. The cases fall within the Board’s Hate Speech Against Marginalized Groups and Gender strategic priorities.
The Board would appreciate public comments that address:
- The impacts of Meta’s Hate Speech and Bullying and Harassment policies on freedom of expression around gender identity issues, and the rights of transgender people, including minors.
- Technical challenges in enforcing bullying and harassment policies at scale, the effectiveness of self-reporting requirements and their impacts on people targeted by bullying or harassment, and comparisons to alternative enforcement approaches.
- The sociopolitical context in the United States concerning freedom of expression and the rights of transgender people, especially for access to single-sex spaces and participation in sporting events.
As part of its decisions, the Board can issue policy recommendations to Meta. While recommendations are not binding, Meta must respond to them within 60 days. As such, the Board welcomes public comments proposing recommendations that are relevant to these cases.
टिप्पणियाँ
The truth cannot be hate speech. Being a woman is not a choice, it is a biological fact. I did not choose to be a woman, I am one. Woman deserve the right to fair sport. Women deserve the right to female only restrooms and locker rooms. This is not hate and Meta should not classify it as such.
Over 95% of violent crime in the UK is carried out by men. Around 3 women a week are murdered by men. Women need to be able to identify male perpetrators of threat or violence against women and girls to the Police and the Justice systems. That means it may sometimes be necessary to describe a transwoman by their male birth sex regardless of how they identify. If this is banned, crimes committed by men against women and girls are inaccurately recorded as crimes committed by women. This can lead to perpetrators escaping detention and criminal proceedings and going on to commit further crimes. It also skews the national crime statistics to the detriment of women and inaccurately informs local and central government policy as well as the access regulations laid down by corporations in relation to schools, gyms, hospitals etc. All to the potential detriment of females.
This argument is not intended to characterise trans people as more likely to pose a risk than cis. It’s simply a protection that may sometimes be necessary to safeguard the gender which suffers the vast majority of violent crime: women. Please reconsider the proposed ban on misgendering. It is to be avoided but it is definitely not hate speech in every circumstance. I would add that transwomen in my circle support my position on this and are submitting their own objections to the proposed ban. Thanks for standing up for the weaker 51% of our community
The WOKE AGENDA to destroy the West and every success of capitalism is FAILING. Meta can continue to support this destructive ideology or support our Republic. DEI = DIDN'T EARN IT, is a fake equivalency. Lesbians, Gay Men and Bisexuals marched for EQUAL RIGHTS, not SPECIAL RIGHTS. WOKE transgender ideology equals GAY ERASURE. Doing what the religious right failed to do with "pray away the gay." Now WOKE is castrating gay boys, sterilizing gay women under the guise of "born in the wrong body." It is no different to the Nazi Dr Mengele experimental surgeries on jewish children. Humanity is better than this. There will be a RECKONING when this "ten year long April Fools joke is over." Which side with Meta be one? Thank you.
Members of the Oversight Board,
I’m writing to you today from a deeply personal place about an issue that has been weighing on my heart. Throughout history, women have been oppressed, marginalized, and discriminated against based on a biological reality—being female. Our identities were never up for debate when we were being exploited, excluded, or abused. Women were not asked how they identified before they were subjected to these forms of mistreatment. Our feelings or perceptions did not protect us; it was simply our biology that determined our place in society.
Feminism, as a movement, has long fought to dismantle sex stereotypes and elevate women. Yet, the modern concept of "transgender" relies on these very same stereotypes that feminism has sought to dismantle. The idea that gender, or an inner sense of femininity, can define who is a woman is deeply offensive and harmful to all women. It suggests that being female is about appearance or identity, rather than biology—a notion that erases the very essence of womanhood.
Sex is an immutable, objective fact. It is determined by reproductive biology, not by how one feels or identifies. Gender, on the other hand, is a social construct, built on and perpetuating roles and stereotypes that continue to oppress women. These definitions matter. According to both the NIH and WHO, sex is grounded in biological differences, while gender refers to socially constructed behaviors and roles. We must never conflate the two if we are to continue advocating for women’s rights and equality.
When it comes to something like sports, this distinction becomes even more crucial. Female athletes face unique challenges—menstruation, the risk of pregnancy, and an increased risk of physical harm in competition. These are challenges males do not face. When a man, identifying as a woman, competes in female sports, he retains the physical advantages of his biology without enduring the same obstacles women face.
It is not "hate speech" or exclusion to call out these truths. The fact is, women’s sports exist precisely because men and women are biologically different, and this difference is recognized in almost every corner of society. To suggest otherwise dismisses the struggles women have faced in gaining access to sports in the first place.
The issue at hand is about more than just sports; it’s about our freedom of speech. There is a growing movement that threatens women’s ability to speak openly about our own oppression and experiences. Advocates of gender identity argue that not affirming someone’s self-identified gender is hateful. But what happens when this silences women who are calling attention to the real, material differences between men and women?
In some cases, women have lost jobs, faced violence, or even legal consequences for simply stating biological facts. Rape survivors have been forced to refer to male perpetrators as "she" in court. How can we truly address male violence, patriarchy, or inequality if we can’t even name the problem?
Meta, as a platform, has a responsibility to uphold freedom of speech, including the speech of women advocating for their rights. Women must be allowed to discuss their lived experiences and fight for single-sex spaces without being labeled as bigots.
I urge Meta to protect women’s rights to freely express their views, particularly when it comes to:
- The right to name and identify biological sex.
- The right to advocate for women’s single-sex spaces and sports for safety, dignity, and fairness.
- The right to defend women’s rights in the face of policies that promote gender identity over biological sex.
- The right to protect LGB rights, particularly those of lesbians, who are increasingly facing pressure to accept heterosexual males in their spaces.
I believe strongly in the power of open dialogue, and I hope that together, we can create a space where women’s voices are not just heard, but protected.
Sincerely,
Patricia Morrison
Austin, Texas
Democrat, feminist, center left, mother of a female athlete, friend of a detransitioner who was harmed by "gender identity" ideology.
I am a woman. Someone saying I am a woman is not hate speech. Omiting my sex from my description erases not just who I am but other women as well. We do not want to be erased from society in any way and doing so removes the rights and freedoms our ancestors fought for.
It's extremely important to women and children's safety to be able to correctly identify men by their sex. To require people to bow to someone who believes that they have changed their birth sex is unconscionable. Why demean and disrepect women and children simply because they accept reality?
1. The impacts of Meta’s Hate Speech and Bullying and Harassment policies on freedom of expression around gender identity issues, and the rights of transgender people, including minors are great and cannot be discounted. The ability to use language that reflects reality and allow protection of children and women is essential to the fabric of democracy, freedom of speech, and the right to security by all and freedom from torture of everyone. I don't advocate for bullying of anyone regardless of whether they are self-deluded about being a woman or a man. However, this blunt statement is now considered as hate speech and it is considered criminal by some. It is just the truth. If a man believes he can be a woman, he is just not in touch with reality. Nobody should confirm self-delusion. It is very unkind to tell lies to someone who is ill. It is going to harm their sense of self and sense of reality which will create further issues for him and for those around him. He requires treatment and radical self-acceptance as a man if he is gay or bisexual as he is or if he likes to wear dresses to be proud wearing them and be protected from bullying, but it doesn't change that he is a man in a dress and heels or demure or whatever he thinks women are. He might need to understand that sexism is what has made him believe being a certain way or wearing certain clothes or being sexually attracted to other men or all of the above makes him a woman. But that is not true. Men come in all kinds of ways, fashion styles, sexual orientations, and they're all valid as men. It is so damaging for men and women to continue to believe their bodies are the wrong bodies and telling them lies about who they are. Feminine men are valid. Masculine women are valid. Androgynous men and women are valid. Gender doesn't change that they are men and women or pronouns or any language around their identity. And nobody has the right to change the use of language which reflects reality and biology.
Censoring speech is authoritarian and extremely controlling. We aren't speech or thought criminals. This needs to stop.
2. Technical challenges in enforcing bullying and harassment policies at scale, the effectiveness of self-reporting requirements and their impacts on people targeted by bullying or harassment, and comparisons to alternative enforcement approaches. If you are going to impose censoring speech on what someone decides or a minority group decides to adapt reality to their self-delusion and misunderstandings about the opposite sex, you might as well ban anyone who says men aren't violent or anyone who says "not all men". You might have to ban anyone who threats with rape to women or violent or death threats or calls me a TERF or anyone who sends women back to the kitchen. It just doesn't make sense. It is deeply sexist. Bullies will never self-report. I will never bully or stand by while anyone is bullied. But don't tell me to say to a man, he is not a woman and he will never be one is bullying. I'm actually helping him to stop being self-deluded and protecting women's safe spaces from him and the predators who will use his poorly explanation of why he needs to be in women's spaces.
3. The sociopolitical context in the United States concerning freedom of expression and the rights of transgender people, especially for access to single-sex spaces and participation in sporting events. Transgender people or people who are confused about sexism and biological sex have the right to express themselves as they wish but so am I. And just by definition men who identify as transgender women don't have the right to access to single-sex spaces for women because they are the opposite sex. And this doesn't change because they want it to. These men can participate in sporting events as sporting organisations regulate them to do so, but they should not be beating women up as if it were a sport. Hitting women is never a sport. It is torture. And women have the right to freedom from torture.
I am also attaching WOLF's response and I endorse it without reservations.
When we consider a hierarchy of values, we should recognize that the truth is superior. Because there cannot be kindness without the truth and you cannot measure hatefulness outside of a definition of the truth.
If speaking the truth is regarded as hate speech then none of us will be safe. We can measure truth, but we cannot measure hate. And the truth can look like hate when in fact telling the truth can be the most kind thing you can do.
Outlawing misgendering is akin to applying a national religion and violates our freedom to believe what we believe.
What you are proposing is sheer lunacy. Since when is stating a BIOLOGICAL FACT "hate speech"?? The misogynistic intent here is blatant and disgusting. Its obvious goal is to silence women who are uncomfortable with biological males in their spaces, and women expressing that is neither "hateful " nor is it "bullying".
It's interesting to note how FB allows women to be bullied and called names by trans extremists and you all couldn't care less. Quite the double standard here!!
No to compelled speech!
Why should I let politically correct police and Internet institutions erase my existence, just because I'm a biological woman? I stopped pandering to men, celebrities and musicians, because of this issue. Since COVID lockdowns, I felt so traumatized as a woman, who faced aggression and cyberbullying, because of the simple fact that biologically-wise I'm a woman. Trans-identifying people never experienced e.g. womanhood the same way as I experienced, when I was threatened, bullied, harrassed, even almost raped. The fact those people keep bullying JK Rowling, only means that MISOGYNY IS ALIVE AND WELL! As for trans-identifying people, the only thing I can say is that they can wait, until chromosome-editing technology comes up, because surgeries frankly are not effective. No hate from my side.
Understand the cultural differences. I come from Poland, technically a misogynistic country, but I, Kaya Szulczewska, Iza Palińska, Magdalena Grzyb, Urszula Kuczyńska etc. fight against this aspect of Polish misogyny.
I feel forcing me to misgender someone who thinks they are female/male and I gender them biologically, is hate speech towards me by attempting to force me to participate in the charade! My beliefs are no less relevant than theirs. I am a biological woman and it is insulting that men think they can appropriate my legitimate gender by diminishing what a woman truly is. They cannot begin to scratch the surface and playing dress up and forcing everyone around them to participate in their delusion is asinine! It is unfair that I will be punished for truth while they are rewarded for a lie. I should not be required to reinforce their dysmorphia or mental confusion over a fact that is undeniable. Meta is wrong and I protest the fact that you are once again promoting censorship of the truth like you did and still do about COVID!
I'm a woman and I've witnessed women's sports and safe spaces be erased at an alarming rate. We make up slightly more than 50% of the population, but we have no voice and no say in what is being forced on us without our consent.
I am NOT anti-trans. I have a few friends who are. What I am against are biological men in women's sports, but more importantly in women's safe spaces such as bathrooms. There are men who take advantage of the current situation just to gain access. We women and girls are NOT safe and even less safe when we can't even discuss it without being labeled as spreading hate speech. How is that right? How is that fair? It's another case of men doing whatever they want at the expense of women.
I was gang raped. I've been sexually assaulted. I know what can happen. There have been sex offenders suddenly claiming to be trans to get sent to women's prisons where they continue to rape. There have already been rapes and assaults in bathrooms by men claiming to be women. There are real incidents and not some hypothetical "what if".
Please don't silence us. There is such a thing as free speech. Are we no longer going to be allowed to discuss something that puts us in danger? It's not right. That cannot seem right to you either.
It SOUNDS good to say you're pro trans rights, but people don't think it through and consider the real world impact it has on so many. If you think the only people claiming to be trans and using women's bathrooms are those with genuine gender dysphoria you are sadly mistaken. There are many men who exploit this to prey on us. Again, please don't silence us. We are not attacking anyone. We are simply trying to protect ourselves.
Women and girls - ie human females - have been oppressed throughout history and there is no country on earth where we enjoy full parity with men/boys. The whole concept of "gender identity" is based in sexist and homophobic stereotypes - that liking dolls and pink means "female", liking soccer and blue means "male".
No one can change sex; the existence of some disorders of sexual development doesn't change that. As a doctor, I know the massive differences that sex makes to the individual. As a woman, I know what rights have been hard-won.
There is a huge difference between "hate" and criticism. I abhor all the major religions for the oppression brought to bear on all women and on gay men. Is that "hate"? The belief in gender identity is just that - a belief system. While very small numbers of individuals have expressed distress in their birth sex for a long time, the explosion of "Gender identity" as a concept is something entirely new, unheard of in the mainstream until the last 20 years.
This is the Left's equivalent of a Book Ban.
It is ridiculous that you are trying to control SPEECH! If you want to continue working with the american society in the united states of america, then you must respect the first amendment. It is not facebooks, responsibility to state. What is hay speech or not?! Obviously.If you truly wanted to get rid of hate speech, you WOULDN'T ALLOW people CALLING PRESIDENT TRUMP a HITLER!! Which that is true hate speech! YOU SHOULD BE WORRIED ABOUT PEOPLE USING YOUR WEBSITE IN SELLING CHILDREN! We have a right to the First Amendment. Just as your programmers on your algorithms do!
Sex is a natural reality. Women often suffer because of our sex. We are the ones who get brutalized by men through rape. If we cannot call a biological man a man, but instead have to refer to him as a woman, especially if he has brutalized a woman, than all is lost. The fabric of reality is so warped that we cannot even identify perpetrators and the reality of a crime. Referring to biological sex is not hateful. It is necessary, especially in cases of criminality, and really, in cases of everyday life to describe reality accurately. This kind of overreach is akin to Orwell's 1984 and needs to be stopped.
Correctly identifying someone's biological sex is not a hate crime. Males need to be able to be correctly identified. Blurring the lines puts women in DANGER
Presenting opinions and commentary is not hate speech. The idea that immutable sex can be modified is absurd. A person can dress, act and present themselves as a cat, a dog, man or woman. State they see beings that are not there, but it is not a requirement for the rest of the world to participate. Especially in sports and situations where biology matters.
If this action is taken, you can be assured the monetary impact will be devastating as people leave your platform for restrictions of speech and forced agreement that goes against one’s own beliefs.
Correctly sexing someone is not hate speech.
How can you talk about women’s reality and oppression without being able to identify biological sex and sexual dimorphism effects on women in society and throughout history?
It’s a regression and hatred of women to ban the ability for women to talk about sex and its impact on their oppression, health, medical research, sports, crime rates, and history. For Meta to pretend that speaking about the reality of sex is equivalent to a hate crime is just a stifling new form of oppression of women in online spaces. You would force people to lie about reality and do a major disservice to women and girls.
Women’s rights are seriously being eroded worldwide right now, from abortion restrictions in the US to banning women from even speaking in Afghanistan, the LAST thing Meta should be doing is trying to censor people from being able to talk about biological sex and how it interacts with women and girl's rights.
Do not follow through with his insidious form of censorship and misogyny. Women deserve to be able to identify and speak about the ramifications and reality of sex, no matter the context. Banning the speech of it does not erase the oppression from it!
The technocratic embrace of gender ideology, often resembling a religious adherence, disregards gender-atheist positions that prioritize biological facts. Gender ideology is rooted in subjective, faith-based criteria.
Misrepresenting sex leads to unfairness & safety issues in spaces reserved for women. While people can express their gender identity any way they wish, societal systems—like sports, healthcare, and justice—require clear distinctions between biological sex and gender identity.
In online discourse, blurring these lines distorts important conversations, making it essential to base discussions on biological reality for transparency and informed policy-making.