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Hate Speech Ignited: Understanding Hate Speech in Myanmar
have been using social media platforms to extend the reach of hate speech.735 Given the current deficiencies with the rule of law, legislative fixes are likely to be of limited use; however, eventually, Myanmar could potentially take a similar approach to Germany and regulate incitement on platforms like
Facebook, YouTube, VK, WhatsApp, and require these companies to take down unlawful incitement
content immediately and impose liability for those that do not.
The failure of the state to meet its obligations, however, does not diminish the responsibilities
of corporations like Facebook to act. As the discussion in Section III on the online dissemination of
hate speech and its adverse impact on the lives of Myanmar’s ethnic and religious minorities and CSOs
and HRDs shows, there are risks associated with the exponential growth and reach of social media
corporations.736 The international human rights community has already noted the role of social media corporations in human rights violations in Myanmar with the FFM directing recommendations
at Facebook and other businesses active in the country for their failure to prevent the occurrence of
hate speech on their platforms.737 The Special Rapporteur on the promotion and protection of the
right to freedom of opinion and expression, similarly singled out Facebook for its role in incitement
against the Rohingya in Myanmar.738 Given that the Guiding Principles require corporations including
social media corporations to “respect human rights” and “act with due diligence to avoid infringing
human rights and adverse impacts,”739 they are obligated to integrate human rights into their product
in Myanmar.740
In the case of Facebook in Myanmar, human rights due diligence and review of their product’s
impact on the ground did not happen until after the genocidal clearance operations had occurred
against the Rohingya.741 CSOs and HRDs from the consultations spoke at length of reporting hateful
content that violate the company’s community standards to no avail.742 Many said they met with
Facebook employees following the waves of violence in Rakhine State.743 Over the years they have
highlighted how state and non-state actors have misused their platform, and continue to do so, but
to no avail.744 CSOs and HRDs shared information with the company, including identifying accounts,
screenshots, and narratives but that the main removal of accounts did not happen until after the
findings of the FFM and UN Special Rapporteurs publicized the company’s role in the persecution of
Myanmar’s ethnic and religious minorities.745
Facebook finally commissioned BSR to conduct an independent human rights impact assess-
ment on the role of Facebook in Myanmar in 2018.746 They accepted BSR’s findings that it was not
doing enough to prevent “the platform from being used to foment division and incite offline violence,”
735
736
737
738
739
740
741
742
743
744
745
746
FGD (January 2019 and December 2019); See also Part III of this report’s discussion of online dissemination via
Facebook.
Ibid.
A/HRC/39/64.
A/74/846, para. 41.
Guiding Principles., para. 11.
A/74/846, para. 42.
See Mozur.
See, e.g., FGD (January 2019 and December 2019).
Ibid.
Ibid.
See BSR.
Ibid.