Athens Journal of Law
July 2022
Official Secrets Act, sections 66(d) and 77 of the Telecommunications
Act, and section 17(1) of the Unlawful Associations Act; 120
f. pending legislative amendments to end criminal defamation, stop government
officials from making criminal defamation complaints, including under section
66(d) of the Telecommunications Act.121
To Facebook and other social media, its findings and recommendations
included:
a.
b.
c.
d.
e.
f.
g.
h.
all social media platforms […] should apply international human rights law
as basis for content moderation on their platforms. In doing so, they should
respect the rights of their users to freedom of expression and to privacy; 122
support the existing research of the United Nations Special Rapporteur on
the promotion and protection of the right to freedom of opinion and
expression on online content moderation; 123
allow for independent and thorough examination of the use of their
platform to spread messages inciting to violence and discrimination in
Myanmar; 124
open themselves up to public accountability and transparency. They
should actively track the use of their platform in Myanmar for the spread
and promotion of threats and the incitement to violence, hostility and
discrimination. They should be transparent about their policies and practices
to identify and remove objectionable content;125
enhance their capacity to combat the use of their platforms for the spread
and promotion of threats and the incitement to violence, hostility and
discrimination. This includes hiring sufficient content moderators who are
familiar with the context, background and nuances of Myanmar language
and the issue of hate speech in the country, and providing them with training
on human rights standards; 126
retain indefinitely copies of material removed for use by judicial bodies
and other credible accountability mechanisms addressing serious human
rights violations committed in Myanmar in line with international human
rights norms and standards, including where such violations amounted to
crimes under international law; 127
establish early warning systems for emergency escalation, involving all
relevant stakeholders; 128
actively assist efforts to promote tolerance, peace and the human rights of
all the Myanmar people; 129
120
Ibid, para 32(a).
Ibid, para 32(b).
122
Ibid, para 137.
123
Ibid, para 138.
124
Ibid, para 139.
125
Ibid, para 140.
126
Ibid, para 141.
127
Ibid, para 142.
128
Ibid, para 143.
121
321
Electronic copy available at: https://ssrn.com/abstract=4150894