to reduce its role in others’ promotion of social strife and violence makes the
attribution of ‘contribution’ inescapable.”71
That Facebook’s actions and omissions contributed to the human rights impact is further
evidenced by the language employed by the IIFFMM in regards to Facebook’s involvement.
Specifically:
“The Mission has no doubt that the prevalence of hate speech in Myanmar
significantly contributed to increased tension and a climate in which individuals
and groups may become more receptive to incitement and calls for violence. This
also applies to hate speech on Facebook.”72
Moreover, the language is at odds with a second HRIA commissioned by Facebook after
allegations that its platform was used to incite violence against Muslims in Sri Lanka in similar
circumstances as with the Rohingya. Article One’s assessment was that the Facebook platform
contributed to spreading rumours and hate speech, which may have led to “offline” violence.73
As Facebook’s actions and omissions contributed to these adverse human rights impacts,
Facebook had a duty to cease, prevent and remedy the violation.
2.2.3. Inadequate human rights policy commitment
Chapter IV Human Rights (4): Enterprises should, within the framework of internationally
recognised human rights, the international human rights obligations of the countries in
which they operate as well as relevant domestic laws and regulations, have a policy
commitment to respect human rights.
As at 2017, Facebook did not a have a comprehensive human rights policy. Facebook had made
a limited human rights commitment to the rights of privacy and freedom of expression through
participation in the Global Network Initiative (GNI). Facebook did and still does have
Community Standards with sections on hate speech, and violence, according to which
Facebook will remove any content that contravenes the standards. As demonstrated by the civil
society letter sent to Facebook in 2018 and the experience of the IIFFMM, Facebook had
ineffective and slow mechanisms to effectively implement its own community standards.
In 2021, Facebook adopted a human rights policy.74 The policy outlines Facebook’s
commitments to human rights and sets out 5 approaches set out in the UNGPs it uses to
implement these commitments, including: (1) applying human rights policies; (2) conducting
human rights due diligence and disclosure; (3) providing access to remedy; (4) maintaining
oversight, governance, and accountability; and (5) protecting human rights defenders.75 The
policy also establishes a grievance mechanism in the form of an Oversight Board.76 This policy
71
John G. Ruggie, “Facebook in the Rest of the World,” John F. Kennedy School of Government, Harvard
University, November 15, cited in Carr Report p 9.
72
IIFFMM, para 1354.
73
‘Assessing the human rights impact of the Facebook platform in Sri Lanka’, p 4, <https://about.fb.com/wpcontent/uploads/2020/05/Sri-Lanka-HRIA-Executive-Summary-v82.pdf>. [accessed 28 May 2021]
74
‘Facebook’s Corporate Human Rights Policy’ https://about.fb.com/wp-content/uploads/2021/03/FacebooksCorporate-Human-Rights-Policy.pdf [accessed 11 October 2021]
75
Ibid., p 2.
76
Ibid., p 5
17