Meta has guidelines to protect against anti-trans content. GLAAD says the company is ignoring them

GLAAD is calling on Meta, the parent company of Instagram, Facebook, and WhatsApp, to take stronger action against anti-transgender content, submitting a public statement to Meta’s Oversight Board that urges the company to enforce its policies on hate speech and bullying.

The advocacy group’s involvement comes as the Oversight Board reviews two cases in which Meta failed to remove videos from Facebook and Instagram that misgendered transgender people despite being flagged multiple times for violating the platform’s policies.

Senior director of GLAAD’s Social Media Safety Program, Jenni Olson, told The Advocate in a statement that Meta must follow its existing guidelines.

“Meta’s Bullying and Harassment policy clearly states that users are ‘protected from … Claims about romantic involvement, sexual orientation or gender identity.’ By intentionally misgendering these two trans people, the two videos in this case are making a ‘claim about a person’s gender identity.’ It’s very clear that the company should enforce its own policies and mitigate the posts accordingly,” Olson said.

Related: GLAAD demands Mark Zuckerberg public statement on Facebook’s anti-trans content moderation failure

The cases in question involve one video on Facebook showing a confrontation between a woman and a transgender woman in a public restroom and another on Instagram of a transgender girl participating in a sporting event where her gender identity is challenged. Both posts received thousands of views, but Meta opted not to take them down, ruling that the content did not violate its Hate Speech or Bullying and Harassment Community Standards. Misgendering, referring to someone using incorrect pronouns or gendered language, is not explicitly considered a violation under Meta’s hate speech policies.

Olson pointed out that Meta’s inaction perpetuates harm against transgender users.

“Meta’s failure to enforce its own policies continues to cause immense harm, and we look forward to the ruling of the Oversight Board on this case,” she noted.

GLAAD’s public comments to the Oversight Board highlighted how both videos should have been removed under Meta’s current guidelines. Regarding the Instagram post, which misgendered a transgender athlete, GLAAD pointed out that Meta’s own Bullying and Harassment policy states that users are protected from claims about their gender identity. The video, they argue, clearly violates this standard. GLAAD wrote, “Clearly, this policy is applicable to cover targeted misgendering (as well as targeted deadnaming) — which is a ‘claim about a person’s gender identity.’ Specifically here, the account denies the minor’s gender identity by asserting that she is a boy.”

In the Facebook case, where a transgender woman was misgendered in a restroom confrontation, GLAAD again emphasized that Meta’s policies regarding claims about gender identity should have applied. GLAAD’s statement said the post “intentionally misgendered” the woman and should have been removed under the company’s Bullying and Harassment guidelines.

GLAAD’s critiques build on previous rulings by the Oversight Board that have faulted Meta for failing to enforce its policies onLGBTQ+ hate speech. In a January 2024 decision involving an anti-trans post in Polish, the Oversight Board ruled that “the fundamental issue in this case is not with the policies, but their enforcement,” concluding that Meta had repeatedly failed to take appropriate action.

Related: GLAAD urges action over Meta’s ongoing neglect of moderating anti-trans hate

GLAAD publicly criticized Meta following the company’s independent Oversight Board’s ruling on a post from Poland, where a user shared content implying that transgender people should die by suicide. Despite multiple reports from users, Meta initially left the post up, claiming it didn’t violate the company’s Hate Speech and Suicide and Self-Injury Community Standards. The post was only removed after the Oversight Board selected it for review and ultimately overruled Meta’s decision.

Sarah Kate Ellis, president and CEO of GLAAD, responded at the time by calling on Meta CEO Mark Zuckerberg to publicly address the company’s failings in protecting transgender people from hate speech and harassment. Ellis emphasized the urgency for Meta to demonstrate that it prioritizes the safety and dignity of LGBTQ+ users. Meta has defended its decision to leave the posts up, citing the broader social and political debate around transgender issues, including restroom access and sports participation. The company argued that these discussions are part of public discourse and should be protected under its “newsworthiness allowance,” even if the content misgenders individuals. However, GLAAD contends that such debates should not rely on dehumanizing rhetoric or misinformation.

The Oversight Board’s ruling on these cases is expected in the coming months. While its decisions are not binding, Meta must respond and take action based on the board’s recommendations.

Olson reiterated that protecting LGBTQ+ users must be more than a promise on paper.

“In previous rulings on Meta’s moderation of anti-LGBTQ content, the Oversight Board has repeatedly criticized Meta’s failures to enforce its own hate speech policies,” Olson said. “This reflects the daily experience of so many LGBTQ users on Instagram, Facebook, and Threads — which over time seems to indicate that protecting LGBTQ users is simply not a priority for the company.”

Meta did not respond to The Advocate’s request for comment.