Meta’s Oversight Board has ruled that anti-trans posts are allowed on Meta platforms whilst also notifying the social media company it should remove anti-transgender rhetoric from its updated hate speech policy.
The independent board issued its ruling on Wednesday (23 April) in which it decided two separate posts that intentionally misgendered and denied the identities of trans women may remain online.
One video, shared on Facebook, depicts a trans woman being confronted for using a female bathroom whilst the other, posted to Instagram, shows a trans girl winning a female sports event.
The videos gained traction after they were shared by Chaya Raichik, the right-wing activist behind the Libs of TikTok social media accounts. She has been deemed an anti-LGBTQ+ extremist by leading civil rights organisation the Southern Poverty Law Center.
The videos were reported by a number of users and Meta found there were no violations in the content, with users then appealing to the independent board for review.
The full board found neither post violates Meta’s Hateful Conduct policy, which was updated in January 2025 and received huge backlash, as the changes now allow users to to call LGBTQ+ people mentally ill, simply because of their sexuality.
“We do allow allegations of mental illness or abnormality when based on gender or sexual orientation, given political and religious discourse about transgenderism and homosexuality and common non-serious usage of words like ‘weird’,” the revised Meta hate speech guidelines now state.
Also removed is a prohibition on claiming that there is “no such thing” as a trans or gay person, while another major change in the same section is the removal of rules that users couldn’t call protected groups “freaks” or “abnormal”.
Mark Zuckerberg, chief executive of Meta, said the changes were about “restoring free expression” on Meta platforms.
Both posts would have violated previous hate speech policy, board finds
Under these new rules, a majority of the Meta Oversight Board found there was no “violation under this version either because neither post contained a ‘direct attack’ against people based on their gender identity, which is a protected characteristic”.
A minority on the board, however, found that both posts would have violated the policy’s pre-January 7 version.
In the ruling, the board went on to say neither post would have broken the rule against “statements denying existence” under the previous hateful conduct policy nor would it have breached bullying and harassment rules.
In a surprise turn, Meta’s Oversight Board simultaneously expressed it is “concerned” about the updated language in Meta’s revised hate speech guidelines, stating: “Meta has incorporated the term “transgenderism” into its revised Hateful Conduct policy. For rules to be legitimate, Meta must frame them neutrally.”
Following changes to the hate speech rules in January, Meta Oversight Board co-chair and former prime minister of Denmark Helle Thorning-Schmidt said she and others were “very concerned” about the update, particularly in regards to “gender rights, LGBTQ+ rights, trans people’s rights on the platforms because we are seeing many instances where hate speech can lead to real-life harm, so we will be watching that space very carefully.”
As part of the board’s recommendations, the board said 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”.
“The Board will consider this recommendation implemented when the term no longer appears in Meta’s content policies or implementation guidance,” it added.
LGBTQ+ lives “not a matter of ‘public debate’”
In response to the ruling, GLAAD – the world’s largest lesbian, gay, bisexual, transgender, and queer (LGBTQ) media advocacy organisation – criticised the decision to leave the posts up.
GLAAD President and CEO Sarah Kate Ellis said: “With this ruling, the Oversight Board is both telling Meta to stop its own anti-trans hate, 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.
“Meta is moving its products away from longtime industry standard best practices and deeper into toxicity that harms users.
“All of Meta’s customers, creators, and advertisers should demand the company create safe products and not allow blatant harassment.”
Ellis continued: “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.
“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.”
Following the changes to Meta’s Hateful Conduct policy in January a number of LGBTQ+ organisations and figures have removed themselves from Meta platforms, whilst Meta employees reportedly called themselves mentally ill and took time off of work in protest of the rule change.
A spokesperson for Meta told PinkNews: “We regularly seek input from experts outside of Meta, including the Oversight Board, and will respond to their full recommendations within 60 days in accordance with the bylaws.”
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