Two viral videos featuring transgender youth will remain on Facebook and Instagram. Meta’s Oversight Board upheld the company’s decision despite criticism from LGBTQ+ advocates and concerns over hate speech.
The Meta Oversight Board gender identity videos ruling has sparked national debate. While some defend the content as opinion, others believe it promotes harmful narratives about transgender people.
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Videos can remain online
The board reviewed two videos. The first shows Payton McNabb confronting a transgender woman in a bathroom at Western Carolina University. The exchange, captured on video, includes McNabb stating, “But you’re not a girl,” and, “I pay a lot of money to be safe in this bathroom.”
McNabb, who advocates against transgender girls participating in women’s sports, said she was removed from her sorority after sharing the video. The group cited its anti-bullying policy.
The second video shows a transgender girl winning a 200-meter track event while spectators boo. Both videos were amplified by the account “Libs of TikTok.”
Rationale behind the decision
The Meta Oversight Board ruling emphasized freedom of expression, concluding that neither post presented a “likely or imminent risk of incitement to violence,” nor did they qualify as bullying or harassment.
The board noted that topics like bathroom access and athletic participation involve ongoing public debate and human rights considerations. Therefore, a high threshold must be met before removing such speech.
Policy changes and employee protest
The decision comes amid growing tension inside Meta. In January, employees were vocal about changes to the company’s hateful conduct policies. The updates allow language that was previously banned, including statements labeling LGBTQ+ identities as mental illness.
Leaked training materials published by The Intercept revealed examples of newly allowed speech, such as “gays are freaks” and “immigrants are grubby, filthy pieces of sh–.”
Oversight Board’s response to Meta
On the same day it announced its rulings, the oversight board issued a press release calling for further review of Meta’s new policies. One key recommendation urged the company to assess the human rights impact of its January changes, particularly regarding LGBTQIA+ users, immigrants and people of color.
The board also asked Meta to provide public updates every six months on its progress.
