The Meta Oversight Board is currently reviewing two cases involving anti-transgender posts that were reported for hate speech, bullying, and harassment. The first case involves a video posted on Facebook that shows a trans woman being confronted in a bathroom by another woman. The post misgenders the individual as a man and questions their right to use a women’s bathroom. The second case involves a video posted on Instagram that shows a transgender girl winning a women’s sporting competition, with some spectators expressing disapproval. The post also misgenders the athlete as a boy.
Despite Meta’s hate speech policy prohibiting direct attacks on individuals due to their gender identity, the company initially left both posts live after they were reported by users. Following individual appeals to the Oversight Board, Meta re-examined the posts under its Hate Speech and Bullying and Harassment policies, but reached the same conclusion. In the case of the Facebook post, Meta argued that it would have left the post up regardless, citing its newsworthiness due to the ongoing debate in the United States about transgender people’s access to bathrooms.
The users who appealed the posts argued that Meta is allowing transphobic content to remain on its platforms. The Oversight Board is now seeking public comments on various aspects of the cases, including Meta’s policies, the challenges of enforcing them, and the sociopolitical context of the posts. The Board is combining the two 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.
This is not the first instance of Meta facing criticism for its handling of trans-related content. Last year, the Oversight Board ruled that Meta had wrongly removed two Instagram posts of a transgender and non-binary couple, which discussed transgender healthcare and fundraising for gender-affirming surgery. The Board agreed that the posts should not have been removed, citing Meta’s own policies.
External organizations have also criticized Meta’s lack of protections for trans users. A report published by GLAAD earlier this year highlighted dozens of examples of anti-trans hate speech on Meta’s platforms, including Facebook, Instagram, and Threads, between June 2023 and March 2024. The report demonstrated a clear failure by Meta to enforce its own policies around anti-trans hate speech.
