In a new ruling, Meta’s censorship of certain gender’s nipples has been overturned, meaning the nipple could finally be free across its platforms.

The Oversight Board, which oversees Meta to regulate the freedom of expression, has reversed the policy after two cases were appealed by users. 

A US-couple were involved in both of the cases, which involved photos posted on Instagram of the couple with bare chests exposed, though their nipples were covered. 

Meta’s automated scanning systems and reports from users have the posts taken down for potential violations of the company’s Community Standards. Ultimately, the posts were removed because they seemingly depicted breasts. 

The post in question was of a transgender person with their non-binary partner, who were posting about trans healthcare and announcing one member’s approach to gender-affirming top surgery. 

Meta’s policy originally only prohibited the posting of ‘female’ nipples – which would reflect a binary view of gender and an unnecessary distinction between male and female bodies. 

In the Oversight Board’s ruling, the board noted that this would make it unclear how the rules apply to intersex, non-binary, and transgender people, as it would require content mediators to make assumptions of sex and gender, which they said is “not practical when moderating content at scale.” 

Overall, the board found the ruling to be restrictive even though it had exceptions for breastfeeding, protests, and gender confirmation surgery. 

“Here, the Board finds that Meta’s policies on adult nudity result in greater barriers to expression for women, trans, and gender non-binary people on its platforms,” the Oversight Board explained. 

In their ruling, they recommended that Meta redefine a “clear, objective and rights-respecting criteria” for its nudity and sexual activity community standard, without discrimination on sex or gender, and which is consistent with human rights standards. 

The Sexual Solicitation Community Standard would also need more detailed criteria for content to be removed if necessary, as well reversing moderator guidance. 

Meta has said it welcomes the board’s decision, and have 60 days to respond to the recommendations. 

The decision comes as a great win to marginalised genders who have faced undue censorship and restrictions over a simple bodily organ. 

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Now, questions remain as to how Meta will continue to moderate content, as well as keep spaces safe from soliciting sex or exposing young people to pornography. 

It remains to be seen when Meta will enforce this new ruling as well, but according to the oversight board, a nipple is a nipple, no matter who it belongs to.