Oversight Board Questions Instagram's Nudity, 'Sexual Solicitation' Standards

Oversight Board Questions Instagram's Nudity, 'Sexual Solicitation' Standards

LONDON — Meta’s Oversight Board — a panel of experts selected by the company to deliberate on content decisions — released a decision this week recommending the company clarify arbitrary and vague definitions concerning nudity, sexual activity and sexual solicitation.

The London-based Oversight Board issued the recommendations in the course of overturning Meta’s decisions to remove two Instagram posts in 2021 and 2022 depicting “transgender and non-binary people with bare chests.”

Both images were posted by the same account, which is maintained by “a US-based couple who identify as transgender and non-binary,” according to the document’s case summary.

According to the Oversight Board’s description, “Both posts feature images of the couple bare-chested with the nipples covered. The image captions discuss transgender healthcare and say that one member of the couple will soon undergo top surgery (gender-affirming surgery to create a flatter chest), which the couple are fundraising to pay for.”

After being flagged by Meta’s automated systems and being reported by users, Meta’s Community Standards moderators “removed both posts for violating the Sexual Solicitation Community Standard, seemingly because they contain breasts and a link to a fundraising page.”

Oversight Board Critical of Meta's Moderation Process

The document by the Oversight Board contains several passages criticizing Meta’s handling of potentially sexual content uploaded by users.

Meta’s internal guidance to moderators on when to remove content under the Sexual Solicitation policy, the Board opined, “is far broader than the stated rationale for the policy, or the publicly available guidance. This creates confusion for users and moderators and, as Meta has recognized, leads to content being wrongly removed.”

Meta’s Adult Nudity and Sexual Activity Community Standard — prohibiting “images containing female nipples other than in specified circumstances, such as breastfeeding and gender confirmation surgery” — is based on “a binary view of gender and a distinction between male and female bodies,” the Board wrote. “Such an approach makes it unclear how the rules apply to intersex, non-binary and transgender people, and requires reviewers to make rapid and subjective assessments of sex and gender, which is not practical when moderating content at scale.”

Meta’s restrictions and exceptions to the rules on female nipples, the document continued, “are extensive and confusing, particularly as they apply to transgender and non-binary people. Exceptions to the policy range from protests, to scenes of childbirth, and medical and health contexts, including top surgery and breast cancer awareness. These exceptions are often convoluted and poorly defined. In some contexts, for example, moderators must assess the extent and nature of visible scarring to determine whether certain exceptions apply. The lack of clarity inherent in this policy creates uncertainty for users and reviewers, and makes it unworkable in practice.”

The Board also found that Meta’s policies on adult nudity “result in greater barriers to expression for women, trans, and gender non-binary people on its platforms. For example, they have a severe impact in contexts where women may traditionally go bare-chested, and people who identify as LGBTQI+ can be disproportionately affected, as these cases show.”

The Board recommended that Meta “should seek to develop and implement policies that address all these concerns. It should change its approach to managing nudity on its platforms by defining clear criteria to govern the Adult Nudity and Sexual Activity policy, which ensure all users are treated in a manner consistent with human rights standards. It should also examine whether the Adult Nudity and Sexual Activity policy protects against non-consensual image sharing, and whether other policies need to be strengthened in this regard.”

A Poorly Defined Policy Against ‘Sexual Solicitation’

The Oversight Board also recommended that Meta “clarify its public-facing Sexual Solicitation policy and narrow its internal enforcement guidance to better target such violations.”

Instagram’s Community Guidelines state that “offering sexual services” is not allowed. This provision, the Board noted, “then links to Facebook’s Community Standard on Sexual Solicitation.”

Facebook’s policy reads, “We draw the line, however, when content facilitates, encourages or coordinates sexual encounters or commercial sexual services between adults. We do this to avoid facilitating transactions that may involve trafficking, coercion and non-consensual sexual acts. We also restrict sexually explicit language that may lead to sexual solicitation because some audiences within our global community may be sensitive to this type of content, and it may impede the ability for people to connect with their friends and the broader community.”

The list of contact information that triggers removal as an implicit offer of sexual solicitation, the Board noted, includes social media profile links and “links to subscription-based websites (for example, OnlyFans.com or Patreon.com).”

The Board ultimately found that the Sexual Solicitation Community Standard “contains overbroad criteria in the internal guidelines provided to reviewers. This poorly tailored guidance contributes to over-enforcement by reviewers and confusion for users. Meta acknowledged this, as it explained to the Board that applying its internal guidance could ‘lead to over-enforcement’ in cases where the criteria for implicit sexual solicitation are met but it is clear that there was ‘no intention to solicit sex.’”

Moreover, the fact that reviewers “repeatedly reached different outcomes about this content” suggested to the Board “a lack of clarity for moderators on what content should be considered sexual solicitation.”

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Trump Administration Issues Executive Order Against 'Debanking'

The White House on Thursday issued an executive order limiting financial institutions’ ability to restrict access to financial services for people or groups involved in lawful industries, a longtime goal of adult industry advocates and stakeholders.

Go.cam Launches Free Age Verification Solution, Anti-Fraud Features

Go.cam has announced that its age verification solution is now free with updated anti-fraud and identity protection features.

Florida AG Sues EU-Based Adult Companies for Failing to Age-Verify Users

Florida Attorney General James Uthmeier filed a lawsuit Monday with the 12th Judicial Circuit Court of Florida against five EU-based adult companies for allegedly failing to require age verification before allowing access to adult content.

SkyPrivate Launches 'Telegram Pay-Per-Minute' Feature

SkyPrivate has launched a new pay-per-minute (PPM) private show option on Telegram.

Pineapple Support to Host 'Money and Mental Health' Online Event

Pineapple Support is hosting a free, online event to help performers balance financial wellbeing with mental health, Aug. 18-19.

Arcom Warns 5 Adult Sites Over Age Verification

French media regulator Arcom has sent enforcement notices to the operators of five adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

MojoHost Debuts NVIDIA Blackwell-Powered Hosting

MojoHost has announced the launch of NVIDIA Blackwell-powered hosting featuring RTX 6000 Pro MaxQ GPUs.

FSC: Identity Theft Targeting Adult Performers

The Free Speech Coalition has put out an alert warning of an individual found to be targeting adult performers for identity theft.

Assylum.com Implements New Age Verification System

Assylum.com has introduced an age verification system across its member sites.

European Commission to Assess Pornhub, XVideos, XNXX Compliance With Digital Services Act

The European Commission plans to conduct a study to determine how well adult sites Pornhub, XVideos and XNXX are addressing illegal content and other potential harms under the EU’s Digital Services Act.

Show More