BSR | Human Rights Impact Assessment: Facebook in Myanmar Research the distribution characteristics of hate speech in Myanmar, and act upon relevant findings. Stakeholders were very interested in Facebook using its own data to map user networks and relationships to better understand the distribution dynamics of hate speech, misinformation, and disinformation—and for Facebook to share these insights with those seeking to tackle hate speech. Fund relevant organizations and initiatives that provide support to the Facebook Community Standards Enforcement Team. By funding local organizations with a shared interest in Community Standards enforcement, Facebook can build the capacity of the local human rights network and help ensure that the most urgent cases with the biggest potential for offline harm gain prompt attention. To maintain independence, Facebook can consider funding models that utilize third-party organizations to distribute funds. Explore the co-creation of a system to preserve removed content for use as evidence later. By creating a secure storage space—inside Facebook, or a mechanism overseen by an appropriate third party—Facebook can help ensure that content exposing human rights violations is available for use by relevant international, regional, or United Nations bodies. However, there are several legal, privacy, and practical considerations to be overcome that merit further exploration. Align Facebook’s definition of a terrorist organization with international standards. Facebook should narrow its existing definition of terrorist organizations (“Any non-governmental organization that engages in premeditated acts of violence against persons or property to intimidate a civilian population, government …”) to exclude organizations considered to be legitimate combatants in conflict, such as officially recognized ethnic armed organizations (EAOs). Facebook can use the work of the UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms While Countering Terrorism as the foundation of its terrorism definition. 47 Principle 19 of the UNGPs states that “If the business enterprise has leverage to prevent or mitigate the adverse impact, it should exercise it. And if it lacks leverage there may be ways for the enterprise to increase it.” During the assessment, BSR found many organizations very keen to assist with the enforcement of Community Standards but struggling for the resources, time, and funding to do so effectively. Principle 19 of the UNGPs states that “If the business enterprise has leverage to prevent or mitigate the adverse impact, it should exercise it. And if it lacks leverage there may be ways for the enterprise to increase it. Leverage may be increased by, for example, offering capacity-building or other incentives to the related entity, or collaborating with other actors.” Several international human rights organizations emphasized this recommendation in their communications with BSR. Social media content is being used today in relation to investigating and prosecuting human rights violations in Syria, and similar use cases may apply to Myanmar in the future. Principle 19 of the UNGPs states that “If the business enterprise has leverage to prevent or mitigate the adverse impact, it should exercise it. And if it lacks leverage there may be ways for the enterprise to increase it. Leverage may be increased by, for example, offering capacity-building or other incentives to the related entity, or collaborating with other actors.” BSR’s recommendation is consistent with recent communications from the UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms While Countering Terrorism, as well as the Geneva Conventions. Implementing this recommendation would reduce the risk of Facebook removing content that is intended to expose human rights violations, rather than encourage them, or legitimate expressions of opposition or dissent. This recommendation is particularly relevant in a context like Myanmar, where there is a history of toxic nationalism and state-mandated violent oppression of ethnic groups, as well as the presence of multiple legitimate secession movements. BSR notes that content shared on Facebook by legitimate combatants may violate other elements of Facebook’s Community Standards and be appropriately removed—but these posts would not need to violate the existing definition of terrorism to be removed.

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