Beyond the Coup in Myanmar: The Other De-Platforming We Should Have Been Talking About

by Jenny Domino “At each of these moments, Facebook took action too late, and too incrementally, to avert harm – harm that the platform knew was imminent and which its very design facilitated. Facebook’s history in Myanmar highlights the broader problems with content moderation in vulnerable contexts, and it should serve as a cautionary lesson to companies that wish to prevent their platforms from facilitating atrocities.” On Feb. 24, 2021, three weeks after Myanmar’s military (the Tatmadaw) staged the coup that changed the course of Myanmar’s future, Facebook announced it was banning all “remaining” military and military-controlled state and media entities from…

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The Role of Courts in an Era of Content Moderation

by Jenny Domino It is very likely that social media will serve as the battleground for posts that can run into vaguely worded penal provisions under the [Anti-Terrorism Law], such as the crime of 'inciting to commit terrorism.' This should not be a problem in a rights-respecting democracy; independent courts can make a determination of illegality after observing due process guarantees. As Facebook’s Oversight Board begins to hear cases, do courts have a lesser role to play in resolving questions of speech? This week, Facebook’s Oversight Board has invited public comment for its first batch of content cases. The Board is the…

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Bombs or Disease: The false choice in Myanmar’s conflict areas

by Jenny Domino If Myanmar needs a guide in its fight against COVID-19, it need look no further than what human rights law already demands of it. As COVID-19 cases surged in Rakhine State in late August, State Counsellor Daw Aung San Suu Kyi affirmed that government responses to the pandemic would not discriminate based on faith or ethnicity. No one would be left behind in the fight against COVID-19, she promised. These words carry particular weight in northern Rakhine, where an ethnic-based armed conflict persists. Fighting between the Myanmar military and the Arakan Army has led to the death,…

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