BSR | Human Rights Impact Assessment: Facebook in Myanmar 49 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.

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