that looks at the unique human rights risks posed by different products and services, end users, and use contexts.73 In the case of the Facebook platform, Meta should be conducting human rights due diligence on each phase of the product and service lifecycle for their algorithmic technologies – design, development, promotion, sale/licensing, contracting, and use – including in respect of its news feed, ranking, and various recommender algorithms. Content-shaping algorithms can lead to the creation of social media ‘echo chambers’, whereby individuals are only shown information which reinforces their pre-existing views and beliefs. The UN Special Rapporteur on the right to freedom of expression warned in 2018 that: “AI [Artificial Intelligence]-driven personalization may also minimize exposure to diverse views, interfering with individual agency to seek and share ideas and opinions across ideological, political or societal divisions. Such personalization may reinforce biases and incentivize the promotion and recommendation of inflammatory content or disinformation in order to sustain users’ online engagement”.74 The Special Rapporteur set out a range of ‘Substantive standards for artificial intelligence systems’, including the following: “Companies should orient their standards, rules and system design around universal human rights principles (A/HRC/38/35, paras. 41–43). Public-facing terms and guidelines should be complemented by internal policy commitments to mainstreaming human rights considerations throughout a company’s operations, especially in relation to the development and deployment of AI and algorithmic systems.”75 In 2020, the Council of Europe recommended that states regulate algorithmic systems in order to ensure their human rights compliance, stating: “[E]nsure, through appropriate legislative, regulatory and supervisory frameworks related to algorithmic systems, that private sector actors engaged in the design, development and ongoing deployment of such systems comply with the applicable laws and fulfil their responsibilities to respect human rights in line with the UN Guiding Principles on Business and Human Rights.”76 In a 2021 report on disinformation, the UN Special Rapporteur on the right to freedom of expression specifically linked these algorithmic harms to surveillance-based business models in the technology sector, stating: “False information is amplified by algorithms and business models that are designed to promote sensational content that keep users engaged on platforms.”77 The Special Rapporteur also emphasized the limitation of content-based solutions to algorithmically amplified harms, stating: “Reactive content moderation efforts are simply not enough to make a meaningful difference in the absence of a serious review of the business model that underpins much of the drivers of disinformation and misinformation.”78 In a 2021 report,79 the UN Office of the High Commissioner for Human Rights (OHCHR) set out recommendations for addressing human rights risks related to the use of artificial intelligence, including: a) Systematically conduct human rights due diligence throughout the life cycle of the AI systems they design, develop, deploy, sell, obtain or operate. A key element of their human rights due diligence should be regular, comprehensive human rights impact assessments; b) Dramatically increase the transparency of their use of AI, including by adequately informing the public and affected individuals and enabling independent and external auditing of automated systems. The more likely and serious the potential or actual human rights impacts linked to the use of AI are, the more transparency is needed; UNOHCHR, ‘Addressing Business Model Related Human Rights Risks: A B-Tech Foundational Paper’, August 2020, ohchr.org/Documents/Issues/Business/B-Tech/B_Tech_Foundational_Paper.pdf, p.3. 73 Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye, ‘Report on Artificial Intelligence technologies and implications for freedom of expression and the information environment’, 29 August 2018, A/73/348, para. 12. 74 75 Special Rapporteur on freedom of expression, Report on Artificial Intelligence (previously cited), para. 48. Committee of Ministers of the Council of Europe, “Recommendation CM/Rec (2020)1 of the Committee of Ministers to member States on the human rights impacts of algorithmic systems”, 8 April 2020. 76 Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Irene Khan, “Disinformation and freedom of opinion and expression”, 13 April 2021, A/HRC/47/25, para. 16. 77 Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Irene Khan, “Disinformation and freedom of opinion and expression”, 13 April 2021, A/HRC/47/25, para. 65. 78 79 OHCHR, “The right to privacy in the digital age”, 15 September 2021, A/HRC/48/31. THE SOCIAL ATROCITY META AND THE RIGHT TO REMEDY FOR THE ROHINGYA Amnesty International 21