840 HASTINGS LAW JOURNAL [Vol. 71:813 number of Tatmadaw military officials, including Secretary-General Min Aung Hlaing, suggesting that Facebook is willing to take some responsibility in curtailing potential human rights abuses on its platform.220 Requiring Facebook to regulate content places significant responsibility on Facebook to determine whether certain content is harmful.221 In effect, Facebook would make policy decisions in an office that is not well-versed in the cultural norms of the host country. Some scholars and human rights activists oppose using law to enforce human rights in social media companies.222 Without an established enforcement mechanism and clear standards for corporate complicity, social media corporations should not be held to international criminal law standards. Unclear standards invite interpretation, and enforcement of such standards may not truly uphold human rights. Further, without a court with jurisdiction, the threat of enforcement is meaningless. With clarification, however, social media corporations should be held criminally liable. Holding a “corporation criminally liable can deter” abuse and the “risk of detection and punishment will be an element in the [company’s] calculus of potential wrongdoing.”223 As the law on corporate criminal liability develops and the perspective on corporate liability alters, social media companies may still be held accountable through internal mechanisms. Through “shareholder activism” and “employee activism,” shareholders and employees are “coming together, to make their desires for social and environmental change heard.”224 In response to Facebook’s numerous scandals including hate speech in Myanmar, shareholders in April 2019 proposed to fire Zuckerberg as chairman and restructure the company’s corporate structure.225 Although the shareholders ultimately failed,226 these shareholders exemplify another form of oversight. Employees 220. Removing Myanmar Military Officials from Facebook, FACEBOOK, https://newsroom.fb.com/ news/2018/08/removing-myanmar-officials/ (last updated Dec. 18, 2018, 5:00 PM). 221. On Wednesday, Facebook CEO Mark Zuckerberg told Recode he felt “fundamentally uncomfortable sitting here in California at an office, making content policy decisions for people around the world.” Christopher Woody, Facebook Official Who Oversees the News Feed Says His Team Loses Sleep Over the Site’s Alleged Role in Myanmar “Ethnic Cleansing,” BUS. INSIDER (Mar. 22, 2018, 10:18 AM), https://www.businessinsider.com/adam-mosseri-facebook-myanmar-genocide-rohingya-lose-sleep-2018-3. 222. See Burrington, supra note 137 (quoting Cynthia Wong at Human Rights Watch, who stated: “The challenge is that in many countries, governments themselves are part of the problem [of hate speech]. So the government is using Facebook to spread misinformation and hate speech against minorities. It’s not something you can lay completely at the feet of Facebook—it’s not their job to fix what governments are doing.”). 223. Tigar, supra note 66, at 215. 224. Lauren Coulman, Why Is Employee Activism on the Rise?, FORBES (May 30, 2019, 4:20 AM), https://www.forbes.com/sites/laurencoulman/2019/05/30/why-is-employee-activism-on-therise/#168f74e774b. 225. Jake Kanter, Facebook’s Activist Shareholders Are Making Another Dramatic Bid to Oust Mark Zuckerberg and Abolish the Firm’s Share Structure, BUS. INSIDER (Apr. 13, 2019, 7:37 AM), https://www.businessinsider.com/facebook-investors-will-vote-to-oust-mark-zuckerberg-as-chairman-2019-4. 226. Emily Stewart, Facebook Will Never Strip Away Mark Zuckerberg’s Power, VOX (May 30, 2019, 2:38 PM), https://www.vox.com/recode/2019/5/30/18644755/facebook-stock-shareholder-meeting-markzuckerberg-vote.