In a controversial decision, Meta's Oversight Board has ruled that a manipulated video of President Joe Biden, suggesting inappropriate behavior towards women, can remain on Facebook due to a problematic loophole in the company's policies. The video, posted last spring, showed Biden placing an "I Voted" sticker on his adult granddaughter's chest, but it had been heavily edited to create the false impression that he had touched her chest repeatedly and inappropriately.

The Oversight Board, a quasi-judicial body that oversees Meta's content moderation, reviewed the case after a user appealed Meta's decision not to remove the video. The board stated that Meta's manipulated media policy only applies to videos altered by artificial intelligence to make it appear as if a person said something they did not. As the Biden video did not meet these specific conditions, it was allowed to stay on the platform.

However, the Oversight Board criticized Meta's policy as “incoherent” and called for it to be revised quickly, particularly in light of the upcoming elections in 2024. The board argued that the policy should not differentiate between "deep fakes" and other forms of manipulated content. They urged Meta to provide greater clarity on the specific harms it aims to prevent, particularly in relation to electoral processes.

This recommendation comes after Meta faced backlash in the past for its handling of manipulated content. In a notable incident, a video of then-House Speaker Nancy Pelosi was slowed down to make it appear as if she was slurring her speech. It took Facebook over a day to demote the video, only doing so after a third-party fact-checker reported it as false. Meta's current policy on manipulated media includes exemptions for parody, satire, and selectively edited content.

Meta responded to the Oversight Board's feedback by stating that they are reviewing the recommendations and will publicly respond within 60 days. The decision comes at a time when the impact of social media, including manipulated content, is under scrutiny, as Meta CEO Mark Zuckerberg and other tech company leaders recently testified before a Senate Judiciary Committee hearing on the effects of social media on children. With the rise of AI and editing tools, the spread of altered or fabricated video and audio clips has become increasingly concerning.