Handling Facebook: social media in the light of human rights violations

Abstract

International justice does not remain on the sidelines from the intensive development of social media: the data stored on the social media possesses great evidentiary value in international courts. The dispute over the disclosure of information by Facebook for use in the Gambia v. Myanmar dispute before the International Court of Justice raises a broader issue of the international legal status of telecommunications companies, obligations of companies and states in relation to the use of social media for human rights violations and commission of international crimes. The article assesses the existing international legal regime of human rights obligations of global social media corporations, as well as their role in administration of international justice, by examining the case of the use of Facebook disseminating hate speech and inciting violence against the discriminated group of Rohingya in Myanmar. The authors analyze the report of the Independent International Fact-Finding Mission on Myanmar, Facebook’s reaction to the information of its influence on the situation with Rohingya, and measures taken by the company to reduce the negative impact of its business activity on human rights. The article draws attention to the inconsistent position of Facebook with regard to facilitating the investigation of violations of international law committed through the social media. In particular, the authors comment on the dispute between the Gambia and Facebook before the U.S. Courts arising from the request on disclosure of materials forming evidence in the case of the Gambia v. Myanmar, and lack of action from the US with respect to human rights violations and genocide committed with resources of the US-based social media company. The authors underscore the uncertainty of international legal regulation that impedes effective international investigations of serious human rights violations. Non-state actors remain outside the reach of international justice and international accountability mechanisms, especially when they operate in jurisdictions of states that ignore their positive human rights obligations. The authors conclude that it is necessary to develop effective mechanisms for cooperation and accountability of social media corporations in the field of international justice, as they play an increasing role in the investigation of serious violations of human rights.