Meta Oversight Board rules anti-transgender videos don't violate hate speech rules

Meta's Oversight Board has determined that posts mocking and invalidating transgender people do not violate its bullying and harassment policies.

The board ruled Wednesday that two posts about trans women that denied their gender identities didn’t violate the company’s hate-speech rules, according to a report from The Washington Post, including a video showing a trans woman using a woman’s bathroom and another showing a trans girl winning a girl's sports competition.

The posts gained traction after they were shared by Chaya Raichik, the figure behind the account Libs of TikTok who has been deemed an extremist anti-LGBTQ+ "bigot" by the Southern Poverty Law Center. Top Meta executives reportedly told the board that the ruling should be “treated carefully ... given the fraught political debate” surrounding trans people.

The company behind Instagram, Facebook, and Threads released new content policies in January allowing users to use slurs against trans people, as well as permitting posts calling LGBTQ+ people “mentally ill" or posts stating “A trans person isn’t a he or she, it’s an it” and “There’s no such thing as trans children."

Meta also used the word "transgenderism" in its official polices, which GLAAD defines as "a term appropriated by opponents of transgender equality to inaccurately and harmfully imply that being trans is a political ideology, rather than an authentic aspect of one’s personhood."

A minority objected to the Oversight Board's recent decision, noting that even with the changes, Meta’s Bullying and Harassment policy still prohibits the targeted misgendering of trans people. It states: “All private minors, private adults (who must self-report), and minor involuntary public figures are protected from ... claims about romantic involvement, sexual orientation, or gender identity.”

While the board ruled to permit transphobic posts, it also ruled that Meta should remove the term "transgenderism" from its hateful conduct policies, writing: "The Board is concerned that Meta has incorporated the term ‘transgenderism’ into its revised Hateful Conduct policy. To ensure Meta’s content policies are framed neutrally and in line with international human rights standards, Meta should remove the term 'transgenderism' from the Hateful Conduct policy and corresponding implementation guidance.”

GLAAD President and CEO Sarah Kate Ellis said in a statement that the board's decisions contradict each other by "saying the company must remove this dehumanizing rhetoric from its policy, while also giving terrible validation to Meta’s new harmful approach to content moderation."

“This tells LGBTQ people all we need to know about Meta’s attitude towards its LGBTQ users — anti-LGBTQ hate, and especially anti-trans hate is welcome on Meta’s platforms," Ellis said. "This is not ‘free speech,’ this is harassment that dehumanizes a vulnerable group of people. LGBTQ people’s humanity is not a matter of ‘public debate.’ For the safety of all of its users, Meta should stop its unpopular new anti-LGBTQ policies that endanger LGBTQ people."

"As Meta continues to adopt right-wing postures that foment hate and bigotry against historically marginalized communities, the company should expect that many users, creators, and advertisers will find other places to spend their money, time, and attention," she added.