democracy. And Zaw Min Tun remains the military junta’s spokesperson, now leading the Information Team
of the State Administration Council.
As a non-State actor, Facebook has the corporate responsibility to respect human rights under the U.N.
Guiding Principle on Business and Human Rights (UNGPs), which includes adherence with the International
Covenant on Civil and Political Rights (ICCPR). Article 19 of the ICCPR requires the application of the
principles of necessity and proportionality to any measure limiting the right to freedom of expression. This
would mean imposing the least intrusive yet necessary means in regulating expression to achieve a
legitimate aim. The aims that are legitimate are themselves narrow, including the protection of national
security, public health and morals, public order, and the rights of others. The application of these standards
to social media platforms seeking to regulate users’ speech, including State actors’ speech, has generated
robust debate, but the U.N. Special Rapporteur on freedom of expression notes that platforms have an
arsenal of tools to proportionately address problematic content. De-platforming or permanent account
suspension of a user is the most extreme response.
In March this year, Facebook released its Corporate Human Rights Policy, wherein it formally committed to
respect human rights as laid out in key international instruments. The non-profit BSR recommended
adopting such a policy in 2018 in its human rights impact assessment of Facebook’s operations in Myanmar.
An important component of this commitment is a clarification on Facebook’s de-platforming approach to
world leaders of illiberal and authoritarian regimes, as I initially raised here and here. Such a commitment
also demands ongoing human rights due diligence to enable understanding of the wider history and context
of the places where Facebook operates, instead of only considering the immediate circumstances
surrounding a tragic event. This contextual familiarity is critical to inform questions of risk and to apply the
standards of legitimacy, proportionality, and necessity, which are necessarily fact-based.
In the context of Myanmar, a comprehensive ban on military and related accounts appears to have been
warranted for some time, given the well-documented and egregious violations with which these accounts
have been associated. The FFM reports in 2018 and 2019, Facebook’s own de-platforming decision in 2018,
years of widely documented human rights violations in Myanmar, the assortment of international legal
proceedings concerning these human rights violations, the prevalence of military-controlled state media,
the state of censorship in the country, and other considerations all support a blanket ban on military-linked
accounts. Facebook has in fact been moderating Myanmar military-linked accounts under its Coordinated
Inauthentic Behavior policy continuously since its initial 2018 actions.
Instead, Facebook’s decisions to (i) platform the Tatmadaw True News Information Team and Zaw Min Tun
in 2020, (ii) belatedly reduce distribution of military-related content ten days after the coup, and (iii) wait
until the third week of the coup to indefinitely suspend military and related accounts do not seem to be a
sufficient response. Facebook justified the indefinite ban in the third week of the coup by invoking four
factors:
The Tatmadaw’s history of exceptionally severe human rights abuses and the clear risk of future
military-initiated violence in Myanmar, where the military is operating unchecked and with wideranging powers.
The Tatmadaw’s history of on-platform content and behavior violations that led to us repeatedly
enforcing our policies to protect our community.