Case Western Reserve Journal of International Law 52 (2020) Crime as Cognitive Constraint prohibited and punished. 117 In this section, I will map out the relevant framework for prohibited speech under international law. First, I will briefly describe the content of prohibited speech, i.e., the different types of speech that may be restricted under international human rights law and punished under international criminal law. Second, I will delineate the legal responsibility of various actors, i.e., states and natural persons, for the crime of direct and public incitement to commit genocide. In light of the FFM’s recommendation to investigate potential commission of genocide in Myanmar 118 and the legal proceedings instituted by The Gambia at the ICJ concerning Myanmar’s alleged violation of the Genocide Convention, 119 it is not farfetched to apply the legal framework for direct and public incitement to commit genocide to this issue. My discussion henceforth will be grounded by the applicable framework for this form of prohibited speech. Importantly, incitement to genocide has the clearest international legal framework with relatively the most developed judicial precedent. 120 It thus presents the strongest framework for informing the corporate responsibility to “respect” human rights under the UNGPs. I will then examine the degree of guidance that corporations can glean from this framework. Finally, I will illustrate how the Facebook issue in Myanmar leaves open a gap for corporate responsibility for incitement to genocide caused by these fragmented lines of responsibility. A. Prohibited speech under international law 1. International human rights law Limitations on speech must conform to the requirements of Article 19(3) of the ICCPR on legality, necessity, and proportionality, i.e., the limitation must be contained in a validly enacted law; must be necessary to achieve a legitimate aim, such as (a) respecting the rights or reputations of others or (b) protecting national security, public order, or public health or morals; and the means used proportionate to securing that aim. 121 Article 20 of the ICCPR prohibits two types of speech: 1) any propaganda for war and 2) any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.” State parties to the ICCPR must regulate, not necessarily penalize, these forms of expression. 122 Under the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious 117. Detailed Findings of the FFM, supra note 7, ¶¶ 1310, 1319 118. Id. ¶¶ 1439-1441. 119. See supra note 18 and accompanying text. 120. See infra Part 2. 121. International Covenant on Civil and Political Rights art. 19(3), Dec. 16, 1966, 999 U.N.T.S. 171. 122. See id. 164