enhanced responsibility to conduct comprehensive due diligence through processes that were capable of
capturing unpredictable as well as rapid changes in risks.318
As outlined in detail in Section 7.1, following Meta’s market entry into Myanmar, the company received
repeated warnings from civil society activists that it risked contributing to an outbreak of mass violence, and
repeatedly failed to act upon them, including several specific instances prior to 2017 where the company’s
platform was used to spread harmful content including advocacy of hatred against the Rohingya, resulting in
ethnic violence. These repeated warnings and interventions mean that Meta either knew or should have
known about the potential human rights harms which it risked contributing to in Myanmar.
As noted in Chapter 4, Meta had a responsibility to engage in ongoing human rights due diligence in respect
of its business activities in Myanmar, encompassing a responsibility to draw upon “internal and/or
independent external human rights expertise” and engage in “meaningful consultation with potentially
affected groups and other relevant stakeholders”.319 However, Meta’s engagement with local civil society and
human rights experts in Myanmar was generally reactive in nature, and these stakeholders consistently
described the inadequacy of Meta’s engagement prior to 2017 (as detailed in Section 7.1).
Amnesty International asked Meta whether the company carried out human rights due diligence related to
the company’s presence in Myanmar between 2011 and 2017. Meta did not provide any information
because the company is “currently engaged in litigation proceedings in relation to related matters”. 320
8.3 META’S FAILURE TO EFFECTIVELY MITIGATE HUMAN
RIGHTS RISKS
To fulfil its responsibility to respect human rights, Meta had a responsibility to “[a]void causing or
contributing to adverse human rights impacts through their own activities" and to “seek to prevent or mitigate
adverse human rights impacts that are directly linked to their operations, products or services by their
business relationships, even if they have not contributed to those impacts.”321
Meta persistently failed to take adequate action aimed at preventing harm and mitigating human rights risks
in response to repeated warnings from civil society and human rights experts between 2012 and 2017. The
minor steps it took in 2014 – such as supporting the civil society-led ‘flower speech sticker pack’ and
translating its community standards into Burmese – did not seek to address the amplification of harmful
content, and were ultimately negligible in their impact. As noted in Section 5.3, the flower speech stickers
may have even further amplified harmful content, including advocacy of hatred against the Rohingya, on the
Facebook platform.
There are numerous actions which Meta could have taken to prevent the dissemination and amplification of
advocacy of hatred against the Rohingya and other anti-Rohingya content. In recent years, Meta has
developed so-called ‘Break the Glass’ (BTG) measures intended for deployment in critical emergencies. BTG
measures – referred to as ‘levers’ in internal company documents – effectively switch off, or at least
significantly reduce, the amplifying power of Meta’s engagement-centric algorithms.322 The existence of
these measures appears to be based on a tacit acknowledgement that Meta’s content-shaping algorithms
can promote divisiveness and inflammatory content. The company has deployed BTG measures in the U.S.
on at least two occasions – the 2020 Presidential elections, and the 6 January 2021 riots in Capitol Hill. 323
BTG measures are short-term by nature; once the peak of a given crisis is perceived to have passed, the
levers are switched back on and normal service for Meta’s algorithms resumes. It is highly questionable
Farhad Manjoo, “Facebook Use Polarizing? Site Begs to Differ”, 7 May 2015, The New York Times,
nytimes.com/2015/05/08/technology/facebook-study-disputes-theory-of-political-polarization-among-users
318
319
UN Guiding Principles, Principle 18.
320
Meta, Letter to Amnesty International, 31 May 2022, on file with Amnesty International.
UN Office of the High Commissioner for Human Rights (UNOHCHR), ‘Guiding Principles on Business and Human Rights: Implementing
the United Nations “Protect, Respect and Remedy” Framework’, 2011, UN Doc HR/PUB/11/04, Principle 13 including Commentary,
ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf
321
See: Donie O’Sullivan, “Not stopping 'Stop the Steal:' Facebook Papers paint damning picture of company's role in insurrection”, CNN,
24 October 2021, edition.cnn.com/2021/10/22/business/january-6-insurrection-facebook-papers/index.html
322
See: Donie O’Sullivan, “Not stopping 'Stop the Steal:' Facebook Papers paint damning picture of company's role in insurrection”, CNN,
24 October 2021, edition.cnn.com/2021/10/22/business/january-6-insurrection-facebook-papers/index.html
323
THE SOCIAL ATROCITY
META AND THE RIGHT TO REMEDY FOR THE ROHINGYA
Amnesty International
61