Case Western Reserve Journal of International Law 52 (2020) Crime as Cognitive Constraint from which to draw expected standards of corporate conduct. 165 The UNGPs also refer to international criminal law. 166 Principle 13 cautions companies against involvement in gross human rights abuses through the conduct of human rights due diligence. 167 It also articulates the different ways that corporations create a human rights impact – causing or contributing to the impact, or being linked to the impact through its product, operations or services. This applies to mass atrocity contexts, including Facebook’s involvement in the spread of incitement in Myanmar. It explains why in the (belated) human rights impact assessment commissioned by Facebook in 2018, Business for Social Responsibility (BSR) concluded that with respect to hate speech and incitement to violence in Myanmar, Facebook is “directly linked to them via the actions of users on its platform that violate Facebook’s Community Standards.” 168 The finding tracks the language of the UNGPs. In the context of incitement to genocide, there are two relevant regimes to guide platforms’ content moderation: international human rights law and international criminal law. Both the FFM as well as the UN Special Rapporteur on freedom of expression recommended the use of international human rights law as basis for content moderation policy. 169 Facebook’s revised “preamble” to its Community Standards is a significant example of this application. In the words of Facebook: “Our commitment to giving people voice remains paramount. We also focus on authenticity, safety, privacy and dignity in writing and enforcing our Community Standards.” 170 These competing values – particularly voice and safety – somewhat resemble the structure of 165. UNGPs, supra note 14, at 13–14 (principle 12). 166. Id. at 8–10 (principle 7); id. at 14–15 (principle 13). 167. Id. at 14–15. 168. Business for Social Responsibility, Human Rights Impact Assessment: Facebook in Myanmar, at 35 (2018), https://fbnewsroomus.files.wordpress.com/2018/11/bsr-facebookmyanmar-hria_final.pdf [hereinafter BSR Report]. Notably, the BSR report, which identified potential adverse human rights impacts in Myanmar, was commissioned after actual impacts had already occurred and only published after the FFM had released its report. 169. Detailed Findings of the FFM, supra note 7, ¶ 1718; UN Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, U.N. Doc. A/HRC/38/35 (April 6, 2018). 170. Monika Bickert, Updating the Values that Inform our Community (Sept. 12, 2019), Standards, FACEBOOK https://about.fb.com/news/2019/09/updating-the-values-that-informour-community-standards/. 171