BSR | Human Rights Impact Assessment: Facebook in Myanmar 23 5. Observations Before identifying actual and potential human rights impacts and making recommendations, it is important to share some high-level observations about Facebook’s human rights impacts in Myanmar and its room for maneuver to address them. The following observations influence the remainder of this report. Where helpful, we have included quotes from interviewees, though it should be noted that these quotes are all from external stakeholders, not Facebook staff. 5.1 HUMAN RIGHTS CONTEXT IN MYANMAR These observations relate to the overall human rights context in Myanmar and their implications for Facebook’s human rights strategy. » Facebook has substantially increased opportunities for freedom of expression, assembly, and association in Myanmar. This includes greater opportunities for participation in public dialogue, a more diverse media sector, and new platforms for grievances to be aired. It is often said that “Facebook is the internet” in Myanmar, and it has generated substantial user engagement, compared to competing social media platforms. As one interviewee described, “There has been a significant increase in freedom of expression in Myanmar over the past five years, and Facebook has played a very important role in that … despite all the challenges relating to hate speech, we must not forget this fundamentally positive purpose.” Another concluded that “It is unclear how access to information and freedom of expression would have grown so rapidly in Myanmar without the Facebook platform.” Describing how many users utilize Facebook with positive outcomes, one interviewee explained how “With Facebook, users can much more easily attract attention to problems with day-to-day government services and get them fixed. They can criticize in a way they could not before.” It is noteworthy that Facebook remains the primary tool for activists when organizing peaceful protests. » The legal framework and lack of rule of law in Myanmar substantially increase human rights risks for Facebook. The legal framework in Myanmar is not aligned with international human rights norms and provides insufficient legal protections for Facebook users. Laws governing telecoms services, content restrictions, defamation, and privacy are very ambiguous, and many provisions are available to prosecute users for content shared on Facebook. While Section 66d of the Telecommunications Law has been the most prevalent, there are many other legal provisions (such as Section 68 of the Telecommunications Act and sections 33 and 34 of the Electronic Transactions Law) that can be used by government authorities to violate the rights of Facebook users. Without substantial legal reform, Facebook will face significant human rights risks in Myanmar for many years to come. » Myanmar’s recent political, economic, and social history—notably restrictions to freedom of expression and poor access to technology—also substantially increases human rights risks for Facebook. There are deep-rooted and pervasive cultural beliefs in Myanmar that reinforce discrimination and which result in interfaith and communal conflict—these persist among teachers, politicians, religious