Legal Framework: An International Human Rights Approach to Addressing
Hate Speech and Protecting Free Expression in Myanmar
and the company announced it was taking corrective actions.747 Facebook states that what is and is
not allowed on their platform will be guided by international human rights principles, including the
UDHR, ICCPR and as members of the Global Network Initiative’s (GNI) Principles on Freedom of Ex-
pression and Privacy; Facebook has further stated that it is committed to “engage governments and
international institutions to promote the rule of law and the adoption of laws, policies and practices
that protect, respect and fulfil freedom of expression and privacy.”748 In addition to increasing Myanmar content reviewers, the company states that it has “improved proactive detection of hate speech”
in Myanmar, and are “taking more aggressive action on networks of accounts,” and “extended the use
of artificial intelligence to posts that contain graphic violence and comments that are violent and dehumanizing.”749
Only time will tell as to whether such measures prove to be effective at curbing hate speech.
The lead up to the 2020 elections is a potential flashpoint for further incitement and offline violence.750
Regardless, Facebook should apply the UN Guiding Principles and integrate human rights into their
platform and comply with the Special Rapporteur David Kaye’s recommendation ensuring that it: (a)
conduct periodic reviews of the impact of the company products on human rights; (b) avoid adverse
human rights impacts and prevent or mitigate those that arise; (c) implement due diligence processes
to identify, prevent, mitigate and account for how they address their impacts on human rights and
have a process for remediating harm.751 They should hold meaningful and substantial consultations
on regular basis, seeking input and recommendations from CSOs and HRDs on the way forward, con-
tribute to in-country digital literacy efforts, and be vocal in their zero tolerance for incitement and
users violating their community standards. Only with such actions will corporations better ensure the
promoting and protection of human rights of ethnic and religious minorities in Myanmar, rather than
contributing to their violation as they did in the past.
747
748
749
750
751
Alex Warofka, “Response: An Independent Assessment of the Human Rights Impact of Facebook in Myanmar,” Facebook, November 5, 2008, https://about.fb.com/news/2018/11/myanmar-hria/
Ibid.; See also Global Network Initiative [GNI], GNI Principles on Freedom of Expression and Privacy (updated
2017), https://globalnetworkinitiative.org/wp-content/uploads/2018/04/GNI-Principles-on-Freedom-of-Expression-and-Privacy.pdf.
Ibid.
Hunter Marston, “The Hate Speech Threat to the 2020 Election,” Frontier Myanmar, April 6, 2019, https://www.frontiermyanmar.net/en/the-hate-speech-threat-to-the-2020-election/.
A/74/846, para. 42.
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