A woman has some photos of her and her partner on her profile. He then murders her, is arrested and sent to prison. Her profile is memorialised. This means all those images of him are still on her wall. Nice memorial.
The family have asked FB to remove those images. FB have declined.
https://www.change.org/p/facebook-remove-the-pictures-of-hol...
A trans woman has some photos of her and her partner on her profile. Her partner then murders her, is arrested and sent to prison. Her profile is memorialised. Her family gets access to her account from Facebook and replaces all of her photos with photos of her before her transition.
Facebook has no way of knowing the motives of people so they don't try to.
Facebook could very well deal with a list of images to remove and the reason for it. In this case, the reason is cristal clear.
If someone else wants to "memorialize" them, they should just do so on their own active account, using whatever content they deem fit.
You don't need a Facebook page for people to know you existed.
About 2 women a week are killed by current or former partners in the UK.
The third option Facebook takes is to control it themselves. That's just not right.
But people who don't have benevolent families would definitely not want to hand control of their online identity to them after death.
How many people don't have benevolent families? In my opinion, if you're going to err on one side, that's not a good side to err on. And many people aren't even aware that their account will get "memorialized" after they're dead. That's a very strange default.
So barring a provision in the person's will saying "nobody gets my facebook profile", Facebook would be legally in the wrong here?