A fake video manipulated to falsely depict President Joe Biden inappropriately touching his granddaughter has revealed flaws in Facebook’s “deepfake” policies, Meta’s Oversight Board concluded Monday.

Last year when the Biden video went viral, Facebook repeatedly ruled that it did not violate policies on hate speech, manipulated media, or bullying and harassment. Since the Biden video is not AI-generated content and does not manipulate the president’s speech—making him appear to say things he’s never said—the video was deemed OK to remain on the platform. Meta also noted that the video was “unlikely to mislead” the “average viewer.”

“The video does not depict President Biden saying something he did not say, and the video is not the product of artificial intelligence or machine learning in a way that merges, combines, replaces, or superimposes content onto the video (the video was merely edited to remove certain portions),” Meta’s blog said.

The Oversight Board—an independent panel of experts—reviewed the case and ultimately upheld Meta’s decision despite being “skeptical” that current policies work to reduce harms.

“The board sees little sense in the choice to limit the Manipulated Media policy to cover only people saying things they did not say, while excluding content showing people doing things they did not do,” the board said, noting that Meta claimed this distinction was made because “videos involving speech were considered the most misleading and easiest to reliably detect.”

The board called upon Meta to revise its “incoherent” policies that it said appear to be more concerned with regulating how content is created, rather than with preventing harms. For example, the Biden video’s caption described the president as a “sick pedophile” and called out anyone who would vote for him as “mentally unwell,” which could affect “electoral processes” that Meta could choose to protect, the board suggested.