Meta should immediately initiate a risk assessment process to identify the necessary and proportionate measures that it should take, consistent with this policy decision and the other recommendations made in this policy advisory opinion, when the WHO lifts the global health emergency for COVID-19, but other local public health authorities continue to designate COVID-19 as a public health emergency. This process should aim to adopt measures addressing harmful misinformation likely to contribute to significant and imminent real-life harm, without compromising the general right to freedom of expression globally. The risk assessment should include:
- A robust evaluation of the design decisions and various policy and implementation alternatives;
- Their respective impacts on freedom of expression, the right to health and to life and other human rights; and
- A feasibility assessment of a localized enforcement approach.
Measure of Implementation: The Board will consider this recommendation implemented when Meta publicly communicates its plans for how it will conduct the risk assessment and describes the assessment process for detecting and mitigating risks and updates the Help Center page with this information.
Our commitment: In response to this recommendation and the lifting of the World Health Organization’s Public Health Emergency of International Concern (PHEIC) designation in May, we will continue enforcing our COVID-19 misinformation policy in countries that still consider COVID-19 a public health emergency when we are made aware of content that violates this policy. As part of this process, we are consulting with internal and external experts to understand the current status of COVID-19 across the world and are using these inputs to establish a more localized enforcement approach. We will share more details about this change in future Quarterly Updates.
Considerations: Upon receiving the board’s COVID-19 Policy Advisory Opinion, we immediately began a re-evaluation of our existing COVID-19 Misinformation policy in line with the board’s recommendations. This included discussions with internal teams and external experts to assess possible policy shifts in the event that the World Health Organization lifted COVID-19’s PHEIC designation. The Oversight Board’s PAO was published shortly after media reported that the World Health Organization’s International Health Regulations (IHR) Emergency Committee would hold a meeting in May to assess whether to lift the PHEIC, and thus we also factored this into those discussions.
As mentioned in our response to recommendation #1 and its subparts, following the May 5
decision by the World Health Organization to lift the PHEIC, we consulted with internal teams and external public health experts to assess the feasibility of a more localized and limited approach to removing content under our COVID-19 Misinformation policy. This included analyzing which claims we still see on our platform and consulting with external experts to identify countries in which COVID-19 is still considered a public health emergency.
At the beginning of the pandemic, when there was far less information about COVID-19 and effective treatment methods, we relied on guidance from external global health organizations and local health authorities to identify claims that were considered false and likely to contribute to a risk of imminent physical harm. In these unprecedented circumstances, we assessed that we needed to take a stronger approach to content removal. These experts helped us identify categories of claims that could increase risk of imminent physical harm – including content that could increase the likelihood of exposure or transmission of the virus and content that might adversely impact the public health system’s ability to address the pandemic. We also worked with health experts to keep pace with the evolving nature of the pandemic and regularly updated our policies as new facts and trends emerged. To provide transparency around our approach to COVID-19 content removal, we published detailed information about each of these claims in our
Help Center. We also determined that the most effective way to enforce our COVID-19 related policies was to take a globally consistent, at-scale enforcement approach. This was because the global nature of the disease paired with the risk of offline harm meant that a scaled approach was both the most efficient and the most effective mechanism to fulfill our human rights and safety responsibilities.
As we move out of a PHEIC, however, we recognize that the public health emergency status of the pandemic varies greatly across different regions of the world. As such, we are consulting with internal teams and external global public health experts to identify countries in which COVID-19 is still considered a public health emergency and, in those countries, will apply an escalation-only enforcement approach to COVID-19 misinformation claims that we are still seeing on our platforms. The goal of this approach is to allow us to continue removing harmful health misinformation in places that still have a declared emergency (as per our misinformation policies about health during public health emergencies), while allowing for conversation about COVID-19 on our platforms more generally. A country-by-country approach to content moderation at scale is not feasible given operational constraints, but given the new circumstances and the Board’s guidance, we are able to enforce global policies when we are made aware of violating content in countries with ongoing public health emergencies.
More broadly, our existing policy for misinformation and harm includes the removal of certain claims that fall under harmful health misinformation. In order to ensure that our approach to misinformation is proportionate, we only remove content that is likely to lead to imminent physical harm to public health and safety. To satisfy the principle of legality articulated in
Article 19 of the International Covenant on Civil and Political Rights, we provide detailed information about the types of harmful health misinformation we may remove in our
Community Standards. For example, we may remove content which advocates for harmful “miracle” cures that may result in serious injury or death and for which authoritative experts have not identified any legitimate health use. In the case of a claim such as “black salve cures cancer,” our Harmful Health Misinformation policy states that we will remove the claim both in reference to COVID-19 and to all diseases more broadly. For other types of misinformation, we rely on review and ratings from independent
third-party fact-checkers. More on our approach to misinformation, including harmful health misinformation, can be found in our
Community Standards.