2.2.2. Facebook contributed to adverse human rights impacts as a
result of its business operations, and acts and omissions in
Myanmar
Chapter IV Human Rights (2): Enterprises should, within the context of their own
activities avoid causing or contributing to adverse human rights impacts and address such
impacts when it occurs.
The Commentary on the Guidelines define activities as including both actions and omissions.46
A company contributes to an adverse impact if its activities, in combination with the activities
of other actors, cause an impact, or if the activities of the company cause, facilitate or
incentivise another actor to cause an adverse impact.47
The Commentary on the Guidelines states that: “Where an enterprise contributes or may
contribute to such impact, it should take the necessary steps to cease or prevent its contribution
and use its leverage to mitigate any remaining impact to the greatest extent possible.”48
Facebook’s omissions contributed to the human rights violations, namely by allowing hatespeech to flourish on the platform – with content at times remaining online or years – and for
its failure to adequately moderate content, or hire moderators that were attuned to Burmese
language or culture.
There are many examples of hate speech against the Rohingya on Facebook. A Reuters
investigative report released in 2018 chronicles over 1,000 of them, and demonstrates instances
where government officials and other actors had posts that incited hatred of the Rohingya and
called for their elimination, from as early as 2012, with some posts remaining online for 6
years.49 The IIFFMM found that given low digital and social media literacy in Myanmar, its
use by the government contributed to users’ perception of Facebook as a reliable source of
information.50 It was not just ordinary users who posted hateful rhetoric against the Rohingya,
but members of the Tatmadaw also. In early September 2017 as the operations were still
underway, the most senior member of the Tatmadaw, General Min Aung Hlaing, posted the
following:
“We openly declare that “absolutely, our country has no Rohingya
race”’.51; and
46
OECD Guidelines, Commentary on Human Rights, para 42.
Ibid., para 14.
48
Ibid., para 42.
49
Reuters, ‘Inside Facebook’s Myanmar operation Hatebook’, 15 August 2018,
<www.reuters.com/investigates/special-report/myanmar-facebook-hate/>. [accessed 29 September 2021]
50
IIFFMM, para 1345.
51
Senior General Min Aung Hlaing Facebook quote, from Penny Green, Thomas McManus, and Alicia de la
Cour Venning, Genocide Achieved, Genocide Continues: Myanmar's Annihilation of the Rohingya
(International State Crime Initiative, 2018), 13, from Senior General Min Aung Hlaing Facebook Page,
<https://www.facebook.com/seniorgeneralminaunghlaing/posts/1698274643540350>. [accessed 13 November
2017]. The post went up on the 1 September 2017
47
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