BSR | Human Rights Impact Assessment: Facebook in Myanmar
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In addition, high-profile or material announcements
(such as the recent action against key military officials)
should be made in Burmese, as well as English.
that referenced Telenor’s sustainability briefings as a
model to follow.
Engage external organizations and users to better
understand misinformation and disinformation
tactics deployed in Myanmar.
A theme throughout BSR’s discussions with
stakeholders is that the victims of online misinformation
and disinformation, as well as those organizations that
work with them, can provide very important insights into
how Facebook can address undesirable content.
To stay ahead of evolving tactics and understand
emerging new risks—such as those associated with the
2020 elections—Facebook should engage with those
closest to the risk to better understand user behavior
and vulnerability. This should include users and
organizations from rural and low-income areas outside
Yangon and Mandalay. Among other things, these
insights could inform attempts to boost trustworthy
content (for example, by waiving boosting fees for
certain trusted organizations and reducing the profile of
misinformation/disinformation.)
If established, provide evidence to international
mechanisms created to investigate violations of
international human rights.
The report of the UN Human Rights Council
Independent International Fact-Finding Mission on
Myanmar recommended an investigation by the
International Criminal Court into crimes under
international law, which requires unanimous agreement
by the UN Security Council.
In the absence of Security Council action, the report
recommended that the UN General Assembly—or
alternatively, the Human Rights Council—“create an
independent, impartial mechanism to collect,
consolidate, preserve and analyses evidence of
violations of international humanitarian law and human
rights violations and abuses and to prepare files to
facilitate and expedite fair and independent criminal
proceedings in national, regional or international courts
or tribunals.”
Several stakeholders emphasized the need to engage
outside Yangon and Mandalay, especially in rural
areas.
Principle 18 of the UNGPs states that human rights due
diligence should “involve meaningful consultation with
potentially affected groups and other relevant
stakeholders.”
Principle 22 of the UNGPs states that “Where business
enterprises identify that they have caused or
contributed to adverse impacts, they should provide for
or cooperate in their remediation through legitimate
processes.”
Of relevance to the case, Principle 22 of the UNGPs
further states that “Where adverse impacts have
occurred that the business enterprise has not caused or
contributed to, but which are directly linked to its
operations, products or services by a business
relationship, the responsibility to respect human rights
does not require that the enterprise itself provide for
remediation, though it may take a role in doing so.
Some situations, in particular where crimes are alleged,
typically will require cooperation with judicial
mechanisms.”
BSR recommends that Facebook provide full
cooperation, such as the collection, preservation, and
sharing of evidence. We note Facebook has already
stated that it has started “preserving data, including
content, on the accounts and Pages we have removed.”
Assist civil society organizations in raising
awareness of opportunities for victims to access
remedy.
In addition to cooperating with any investigation or
criminal proceedings, Facebook can support access to
remedy for victims of genocide and crimes against
humanity by raising awareness about access to justice
or by providing support to civil society organizations
seeking to share and promote relevant content.
Principle 25 of the UNGPs states that “as part of their
duty to protect against business-related human rights
abuse, States must take appropriate steps to ensure,
through judicial, administrative, legislative or other
appropriate means, that when such abuses occur within
their territory and/or jurisdiction those affected have
access to effective remedy.” State-based mechanisms,
in turn, can be supplemented or enhanced by
international and regional human rights mechanisms.