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Recommendations ARTICLE 19 • develop strategies for responding to coordinated abuse of content moderation systems, including Vietnam-specific responses; • expand and collaborate with industry-wide advocacy efforts, including to ensure that they are informed by an evaluation of human rights concerns and risks for users; • report transparently on possible government surveillance via their platforms and on any actions which would enable government access to user data in Vietnam, including government requests for such data; • regularly reassess their bargaining power and ability to challenge government demands for cooperation in human rights violations, and tailor their actions accordingly; • cooperate with both domestic and international researchers to enable better reporting on government operations such as Force 47 and civilian counterparts; and • recognise that local companies are under intense pressure to cooperate in human rights violations, and integrate this knowledge into their human rights due diligence and risk mitigation measures when working with local businesses. Recommendations for tech companies operating in Myanmar Tech companies operating in Myanmar should: • adopt Myanmar-specific human rights strategies and policies that are conflict-sensitive, responsive to the reality of a multilingual and multi-ethnic society, and reflect the real dangers faced by users of retaliation based on their use of online platforms; • consider a multi-company mechanism to promote coordination among the main tech platforms operating in Myanmar, including the possibility of taking rapid action in response to highly harmful content; • establish ties with civil society and exile groups which can provide necessary context and information regarding the local impact of their policies and operations; • allocate appropriate staff and resources to Myanmar-focused human rights operations, including staff with local knowledge and languages; • report regularly on actions taken to implement Myanmar-specific policies announced after the 2021 coup, as well as earlier policies such as those responding to anti-Rohingya hate speech, and regularly revise and update these policies; and • report publicly on the risk of military access to user data and establish systems for communicating these risks to local groups. 62

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Engaging tech for internet freedom in authoritarian countries

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Information Operation
Internet Restrictions

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Article 19

Date Published: Oct 5, 2024

Abstract: In this report, ARTICLE 19 reviews the human rights context and responsibilities of tech companies operating in 3 authoritarian countries in Asia, namely China, Myanmar, and Vietnam. It focuses on the rights to freedom of expression and privacy, and the manner in which authoritarian states directly or indirectly expect companies to assist them in censoring content, promoting propaganda, accessing user data, and engaging in surveillance. While these are undoubtedly highly challenging contexts, companies have not sufficiently prioritised protecting human rights in their policies and actions. States are the primary duty bearers under international human rights law, but companies also have human rights responsibilities, as outlined in the United Nations Guiding Principles on Business and Human Rights (UNGPs). Even if domestic law or circumstances make it impossible for companies to fully meet their human rights responsibilities, they should take action so as to respect human rights standards to the greatest extent possible. Tech companies should not merely reference local law as an excuse for collaborating in rights violations. They should take steps such as those detailed in this report, like adopting appropriate policies, asking governments to justify content removal requests clearly and specifically, and reporting transparently on their compliance with government demands. For each country, we survey the country context and provide an overview of legal obligations which companies operate under that are problematic from the perspective of international human rights law and that may, as a result, put pressure on companies to become complicit in violations of the rights to freedom of expression and privacy. We then explore how Western tech companies operating in these countries, many of which have explicitly stated their commitment to respecting freedom of expression and privacy, have responded to these legal obligations and to other government expectations that they will cooperate in violations of these rights.

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ETIF-Thematic-Report-12Sep-24.pdf
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Myanmar Internet Project

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Engaging tech for internet freedom in authoritarian countries

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