2020

ASSESSING THE
HUMAN RIGHTS IMPACTO F M E TA’ S P L AT F O R M S
IN THE PHILIPPINESE X E C U T I V E

PHOTO: STOCK IMAGES U M M A R Y

F O R

M E T A

1ASSESSING THE HUMAN RGIHTS IMPACT OF META’S PLATFORM IN THE PHILIPPINES |2020

EXECUTIVE SUMMARY

Meta’s platforms have broken down barriers across the world. They have made neighbors of
strangers and have, as the company’s mission states, “brought the world closer together.” Meta has
fundamentally altered the ability for people to express themselves freely by democratizing access topowerful channels of communication.
At the same time, in some cases, the company’s platforms have been misused by bad actors toinfringe on human rights. Bad actors may use the platforms to amplify hate speech, spread

The HRIA was designed to pursue the following objectives:
1.

Assess the role Meta’s platforms play in the Philippines through a human rights lens1

2.

Proactively address risks to avoid harm to rights holders, including the platform’s users

3.

Determine how best to evolve and apply Meta’s global policies and standards in high-risk contexts

4.

Enable Meta to maximize opportunities for positive human rights impacts

misinformation and disinformation, target and harass vulnerable groups, and infringe on users’ rightto privacy.

This executive summary outlines the findings of the HRIA and presents recommendations for Meta to
mitigate actual and potential impacts in line with the expectations of the United Nations Guiding

The Philippines presents clear challenges when it comes to potential human rights abuses on

Principles on Business and Human Rights (UNGPs).

Facebook, Instagram, and WhatsApp. These challenges include misinformation and disinformation,harassment and red-tagging of vulnerable groups, and violence incited by political leaders andothers.
To determine the degree to which Meta’s platforms may or may not have contributed to adverse
human rights impacts and to mitigate the risk of further adverse impacts, Meta partnered with Article
One from February to July 2020 to conduct a country-level human rights impact assessment (HRIA)
of its platforms in the Philippines.

1 Informed by the United Nations Guiding Principles on Business and Human Rights (UNGPs) and the Global Network Initiative (GNI) Principles.

2

ASSESSING THE HUMAN RGIHTS IMPACT OF META’S PLATFORM IN THE PHILIPPINES |I. M ET H OD OL OGY
The HRIA methodology was informed by guidance from the UNGPs
and the Global Network Initiative (GNI), as well as by Article One’saward-winning methodology for and experience in conducting HRIAs
around the world.
The HRIA emphasized the voices of rightsholders potentially affectedby Meta’s platforms and their legitimate representatives. It paid
special attention to ensuring direct engagement with Philippinesbased civil society organizations, human rights defenders (HRDs),
users of Meta’s platforms, and international experts.2 Given the risks
posed by the COVID-19 pandemic, in-person engagements weredeemed too risky to both participants and researchers. Therefore,
Article One conducted all engagement via video conferences andtelephone surveys. Engagements included interviews with 14 Meta
representatives; 22 Philippines-based stakeholders, including civilsociety organizations, journalists, academics, and human rights
defenders; and 10 international experts. In addition, Article One
partnered with Nielsen to conduct a survey of 2,000 Facebook users
in the Philippines, including 1,500 urban users, 500 rural users, and75 journalists. These engagements began the first week of Marchand concluded the first week of June 2020 and this report was
finalized in August 2021.

assessed their scale, scope, and remediability. Using guidance fromUN Human Rights, Article One evaluated Meta’s relationship toadverse impacts by examining whether Meta may have incentivized
diligence, or failed to recognize the extent to which the company
knew or should have known about adverse impacts.3
Article One then developed a series of recommendations to support

St ep 2: D esk R eview

Meta in maximizing positive human rights impacts and mitigating
adverse ones in the Philippines.

II. C ON T EXT U A L A N A L YSIS
Despite declining poverty rates in the Philippines, the country

St ep 3: St akeh o ld er M ap p in gcontinues to face human rights challenges, in particular, related to
President Rodrigo Duterte’s ongoing anti-drug campaign. While
official policy calls for the arrest of alleged drug users and dealers,
human rights experts report that, in practice, extrajudicial killings ofdrug dealers and users regularly occur. Recent estimates suggest

St ep 4: St akeh o ld er En g ag emen t

there have been over 22,000 extrajudicial killings of this nature.4
Amnesty International views extrajudicial killings in the drug war as
tantamount to crimes against humanity. Furthermore, Amnesty
International has reported that no meaningful investigations of orprosecutions for any of the drug war killings have taken place, thatpolice in the Philippines operate with near total impunity, and that
Duterte has pledged to pardon police officers implicated in these

UNGPs to determine the saliency of and Meta’s responsibility for thekillings.5

determine relative priority of salient human rights impacts, Article One

St ep 1: C o u n t ry En g ag emen t

harm, facilitated harm, failed to conduct adequate human rights due

Article One applied the methodological approach outlined in theactual and potential impacts surfaced during the assessment. To

2020

St ep 5: M et a & In t ern at io n al
Exp ert En g ag emen t

As part of the drug war, the Duterte administration is accused ofpersecuting critics, political foes, journalists, and HRDs. By labelling

St ep 6: A n alysis & In t ern al R ep o rt

2 Human rights defenders are defined as “all persons, who individually or in association with others, act to promote or protect human rights peacefully.” Journalists, who report on humanrights issues, may be considered within this definition. 3 OHCHR: “B-Tech: Taking Action to Address Human Rights Risks Related to End Use” (2020). 4 Human Rights Watch: “World
Report” (2019). 5 Amnesty International, “Philippines: UN investigation urgently needed into Duterte administration’s murderous ‘war on drugs’” (2019).

3

ASSESSING THE HUMAN RGIHTS IMPACT OF META’S PLATFORM IN THE PHILIPPINES |these groups as communists—i.e., by “red tagging” them—the

One reason for Meta’s market dominance was the introduction of its

Philippines Department of Justice places them at risk of extrajudicial

Free Basics program in 2013. Free Basics provided free access to

execution.6 Between 2016 and 2019, there were 128 documented

Facebook and a “tightly curated set of web content.”11 By subsidizing

attacks and threats against the press, including physical attacks,

access to Facebook, multiple stakeholders reported that “Facebook

death and bomb threats, red-tagging, and smear campaigns.7

has become synonymous with access. Filipinos don’t see Facebook

These restrictions have only worsened during the current pandemic.
In March 2020, Duterte signed into law the Bayanihan to Heal as One
Act, which authorizes him to exercise special powers to implement
the policies pursuant to the declaration of a state of national
emergency. The act criminalizes “creating, perpetrating, or spreading
false information regarding the COVID-19 crisis on social media andother platforms,” and has, according to human rights organizations,
been used to chill dissent.8

•

2020

61 percent of respondents found Facebook very useful foraccessing entertainment.

•

52 percent of respondents found Facebook very useful foraccessing news and information.

as a distinct app, they just see it as the internet.”12 The fact that

In some cases, these positive impacts promote the realization ofleaving the platform costs money creates a “closed information

human rights. For example, Facebook has provided opportunities forenvironment” within the country.13 In May 2020, Free Basics was

small businesses to access new markets, both domestically andreinvented as Discover, an app that treats all websites on the internet

internationally. It has provided opportunities for groups who haveequally.

traditionally been excluded from formal employment to develop andmarket small businesses from their homes. For historically

IV. POSIT IVE H U M A N R IGH T S IM PA C T S
Facebook is not only widely used in the Philippines, it is widely
popular. Article One repeatedly heard statements such as theIII. M ET A ’S M A R K ET PR ESEN C E

following: “Filipinos love Facebook. We go to Facebook for anything

Facebook is widely used in the Philippines. According to 2019 data,and everything: Job opportunities, education, personal connections,71 percent of Filipinos have internet access. Of that cohort, 97

and work-related matters are on Facebook.”14

percent connect to the web through Facebook.9 Three of the top five

Such a statement is supported by data from Article One’s survey ofsocial media platforms in the country are owned by Meta: Facebook,

Facebook users in the Philippines. According to the survey:15

Facebook Messenger, and Instagram. Not only is a large portion ofdisadvantaged groups, these opportunities are essential to realizing
their human rights to work and to an adequate standard of living. For
example, 84 percent of female respondents in Article One’s survey
reported that Facebook was “somewhat useful” or “very useful” when
it came to work or business, as opposed to 78 percent of men.
Civil society groups, women, LGBTQ+ individuals, HRDs, and othergroups have historically found limited platforms for their activism.
Facebook changed that by allowing these groups to communicate
and connect with a broader network in a fast and cost-effective

85 percent of respondents found Facebook very useful tomanner. As one stakeholder reported: “Facebook has definitely

more than 10 hours a day on social media—twice the global

connect with friends and family in the Philippines, while 80

allowed critics of [the Duterte] government to have a platform. You

average—and that those with access to the internet trust social media

percent found it very useful to connect with friends and family

don’t have to belong to a newspaper anymore to have a voice.”16 This

more than they trust traditional news sources.10

abroad.

positively affects not only the right to free expression, but also thethe country on Facebook, but studies suggest that most people spend•

right to participate in government.

6 Human Rights Watch: “World Report” (2019). According to the Supreme Court of the Philippines, red-tagging refers to: “the act of labeling, branding, naming and accusing individuals and/or organizations of being left-leaning, subversives, communists or terrorists (used as) a
strategy...by State agents, particularly law enforcement agencies and the military, against those perceived to be ‘threats’ or ‘enemies of the State.’” 7 Freedom House: “Freedom in the World Report: The Philippines” (2020). 8 Baker McKenzie: “Philippines: President Duterte Signs
Law to Respond to COVID-19 Pandemic” (2020). 9 Hootsuite: “Digital Philippines” (2019); and NYTimes: “Soldiers in Facebook’s War on Fake News Are Feeling Overrun” (2018). 10 Inquirer.net: “Online Filipinos trust social media more than traditional media — poll” (2017). 11 Free
Basics provides users with free access to the Philippine Star, the Inquirer, the Sun Star and Rappler. Axios: “The high price of free Facebook in the Philippines” (2018); and Global Voices: “Free Basics in Real Life” (2017). 12 Article One interview with Philippines-based stakeholder
in April 2020. 13 Meta stakeholder Interview in November 2018 and Article One interview with Philippines-based stakeholder in April 2020. 14 Article One interview with Philippines-based stakeholder in April 2020. 15 Article One commissioned survey of Facebook users in thePhilippines conducted in June 2020. 16 Article One interview with Philippines-based stakeholder in April 2020.

4

ASSESSING THE HUMAN RGIHTS IMPACT OF META’S PLATFORM IN THE PHILIPPINES |Stakeholders also reported that Meta’s suite of products has become

protection of other rights— including the right to participate ineven more essential for the protection of human rights during COVID-

government (UDHR 21), the right to non-discrimination (UDHR 2),

19. In the words of one stakeholder: “Facebook is essential andand the right to security of persons (UDHR 3)—is less clear.

necessary for NGOs and activists to put messages out on COVID-19
and how governments have been handling it.”17 Several human rights

As the UN has outlined:organizations engaged by Article One reported that they are alerted

All human rights are universal, indivisible and interdependent

through social media to potential human rights violations related toand interrelated. Nowhere is this interdependence more obvious

government responses to the virus. In addition, as the pandemic has

than in the discussion of freedom of expression in relation toforced the closure of schools and the migration of classes online,

other human rights. The realization of the right to freedom of

stakeholders reported that Facebook Live was being used by theexpression enables vibrant, multi-faceted public interest debate

Philippines Department of Education to train teachers on how best to

giving voice to different perspectives and viewpoints. Respect forengage students there.18

freedom of expression has a crucial role to play in ensuring
democracy and sustainable human development, as well as in

V. SA L IEN T H U M A N R IGH T S R ISK S

promoting international peace and security.19

Meta faces multiple salient human rights risks in the Philippines.

Where questions of rights-compatibility arise, we assess existing

These human right risks largely relate to the ways in which theinternational guidance and base our recommendations on that

platform exacerbates existing tensions and risks, including
misinformation and disinformation, online harassment, incitement toviolence, surveillance of vulnerable groups, sexual exploitation ofminors, human and organ trafficking, and terrorist organizing.
For most of these human rights risks, there is clear guidance fromhuman rights standards and domestic legislation to inform a rightscompatible response from Meta. However, in the case of
misinformation and disinformation and the online harassment of2020

A . D ISIN F OR M A T ION A N D M ISIN F OR M A T ION 20
Online and offline political disinformation and health misinformation
are common in the Philippines. Facebook was used as a key platformto promote political disinformation during the 2016 and 2019
elections. It is widely believed that disinformation campaigns wereorganized and funded by Duterte and his political supporters.
However, the widespread nature of online political operations in thePhilippines extends well beyond the Duterte administration to
candidates across the political spectrum.21 Political disinformation
was not only used to influence voter perceptions, it was also used totarget and attack political opponents, including attacks on Senator
Leila de Lima in 2016.
Health misinformation was also found to be a concern in thePhilippines. Misinformation in 2017 regarding the dengue vaccine

guidance and on insights from leading experts on free expression
and human rights.

87% of population-level respondents and 92%
of journalists reported personally seeing politicalmisinformation on Facebook
74% of population-level respondents and 83%
of journalists reported personally seeing healthmisinformation.

vulnerable groups, the balance between free expression and the

17 Article One interview with Philippines-based stakeholder in April 2020. 18 Article One interview with Philippines-based stakeholder in April 2020. 19 UN Human Rights Council: “Report of the United Nations High Commissioner for Human Rights on the expert workshops on theprohibition of incitement to national, racial or religious hatred” (2013).. 20 Disinformation includes all “forms of false, inaccurate, or misleading information designed, presented and promoted to intentionally cause public harm or for profit.” Misinformation on the other hand “is false
information, but the person who is disseminating it believes it to be true.” European Commission: “A multi-dimensional approach to disinformation” (2018) and Access Now: “Fighting Misinformation And Defending Free Expression During Covid-19: Recommendations For States”(2020). 21 Ong, Jonathan and Vincent Cabañes: “Architects of Networked Disinformation: Behind the Scenes of Troll Accounts and Fake News Production in the Philippines” and Ong, Jonathan, et al. “Tracking Digital Disinformation in the 2019 Philippine Midterm Election” (2019).

5

ASSESSING THE HUMAN RGIHTS IMPACT OF META’S PLATFORM IN THE PHILIPPINES |Dengvaxia promoted both on Facebook and on other channels may
have contributed to a decline in confidence in vaccines among
Filipino parents. Data from before and after the Dengvaxia
misinformation campaigns shows that public confidence fell from 82
percent in 2015 to only 21 percent in 2018.22 In 2020, a different•

B . ON L IN E H A R A SSM EN T

rates of harassment of ethnic

the Philippines. Targeted groups include:•

Ethnic Chinese Users:
Stakeholders reported highOnline harassment has been widely reported on Meta’s platforms in

Chinese Facebook users in
the Philippines. This relates to

Journalists: Female journalists and those focused on

2020

35% of surveyed
journalists reported
receiving death
threats

public health crisis emerged: the global COVID-19 pandemic.

government accountability face significant online harassment.

ongoing geopolitical

Whereas the Dengvaxia misinformation campaign was largely

According to Rappler founder Maria Ressa, the attacks are “verychallenges between China

propagated by the government, Filipino authorities and Meta havepersonal, criminal, actually: ‘I will kill you. I will rape you.’ I mean,

and the Philippines and has been heightened during the COVID-

clamped down on the spread of misinformation related to the virus.

I think I’ve been called every animal you can think of and every

19 epidemic.29

23

threat.”24 In 2016, at the height of her attacks, Ressa received

Disinformation and misinformation on Facebook may contribute toapproximately 90 hate messages per hour. “Facebook has

adverse impacts on:

promoted self-censorship for journalists. No one should have to

Article One found that speech on Meta’s platforms in the Philippines
may have infringed on the right to:•Life and security of person (UDHR 3) if misinformation
contributes to offline harm.

•

Access to information (UDHR 19).

•

Access to political participation (UDHR 21).

reported that Duterte defenders are organized and, in many

offline harm, a result reported by 21 percent of survey•

Health (UDHR 25).

cases, deployed to silence dissent. One stakeholder reported, “Ifrespondents.

Freedom from unlawful attacks on one’s honor and reputation(ICCPR 17).

you criticize the government for being incompetent or you accuse

Truth (Resolution 2005/66).

pattern. Many of my friends have been victim to that.”25•••

live through what we get,” she said.

•

Dignity (UDHR 1).

Political Dissidents: While both defenders and critics of the•Non-discrimination (UDHR 2).

Duterte administration are attacked online, many stakeholders•

Security of person (UDHR 3), if online harassment results inthem of not doing their job, all the trolls will target you. It’s a•

LGTBQ+ Users: LGBTQ+ survey respondents reported thehighest incidence of attacks on Facebook, including doxxing26
and threats of arrest, death, and rape.27 Of LGBTQ+ individuals•

Privacy (UDHR 12).

•

Freedom of expression and assembly (UDHR 19 and 20).

•

Political participation.

•

Freedom from unlawful attacks on one’s honor and reputation(ICCPR 17).

surveyed, 14 percent reported experiencing offline harm due toengagements on Facebook.28

22 London School of Hygiene & Tropical Medicine: “Dramatic drop in public confidence after Philippines dengue vaccine controversy” (2018). 23 Article One interview with international stakeholder in May 2020. 24 Recode Decode: “Kara Swisher interview with Maria Ressa” (2018).
25 Article One interview with Philippines-based stakeholder in May 2020. 26 According to DHS, doxxing refers to gathering an individual's Personally Identifiable Information and disclosing or posting it publicly, usually for malicious purposes such as public humiliation, stalking,identity theft, or targeting an individual for harassment. 27 Article One commissioned survey of Facebook users in the Philippines conducted in June 2020. 28 Article One commissioned survey of Facebook users in the Philippines conducted in June 2020. 29 In particular, thePhilippines has rejected China’s declaration of two new districts that cover areas in the West Philippines Sea. CNN: “Philippines Rejects China’s ‘illegal’ declaration of Two New Districts that Include West PH Sea Areas” (2020).

6

ASSESSING THE HUMAN RGIHTS IMPACT OF META’S PLATFORM IN THE PHILIPPINES |them online, and boast about offline attacks. According to

C . IN C IT EM EN T OF VIOL EN C E
Of particular importance for Meta in the Philippines is the degree towhich its platforms expand the dissemination and reach of speechthat incites hatred and violence. During the assessment, stakeholders
largely reported the involvement of government officials—whether
directly posting on Facebook, making statements through official

Requests for User Data: In the first half of 2020, Meta received

multiple stakeholders, online discussion around drug users is

35 law enforcement requests.36 Each request Meta receives islargely focused on, as one stakeholder put it, “promoting the idea

reviewed for legal sufficiency and whether the request is inthat you have to kill drug addicts to make the Philippines a safer

accordance with Meta’s global policies, including the GNI

country.” Given this, stakeholders raised concerns about the

Principles. In the first half of 2020, Meta’s compliance rate wasdehumanizing tone of the conversations about drug use on

23 percent in response to law enforcement requests.37

Meta’s platforms.

government Facebook pages, or being quoted in news articles—in•

In addition, according to OHCHR, the special powers the government

inciting violence. According to OHCHR, statements by Duterte andArticle One found that speech inciting violence on Meta’s platforms in

granted itself to respond to COVID-19 have resulted in increased

other political leaders amounted to “incitement to violence.”30

the Philippines may have infringed on the right to:criminal charges against “social media users posting content criticalThose most vulnerable to incitement include:•

Dignity (UDHR 1).

•

Non-discrimination (UDHR 2).

•

Security of person (UDHR 3), if online harassment results in•

Human Rights Defenders: Many HRDs engaged by Article One
reported being attacked on Facebook with threats of death andrape. One powerful tool is the tactic of “red-tagging” HRDs who

offline harm, a result reported by 21 percent of survey

have been critical of the administration’s human rights abuses.31

respondents.

According to KARAPATAN, 167 red-tagged individuals havebeen killed in the Philippines since 2016.32 As one stakeholder
reported, “For people in provinces, if you are [red] tagged you
are a target. First it is online and then it is offline.”33•

Alleged Drug Users and Dealers: Social media platforms,
including Facebook, have been used to harass alleged users anddealers. Stakeholders did not report the use of Facebook to plan

D . SU R VEIL L A N C E
Human rights organizations assert that HRDs across the Philippinesof government policies and actions.”38 This suggests that government
surveillance extends beyond HRDs to include everyday users of theinternet.
Government surveillance of users’ Facebook activity may infringe on
the right to:•

Security of person (UDHR 3).

•

Privacy (UDHR 12).

•

Freedom of expression and assembly (UDHR 19 and 20).

face surveillance of their activities.34 This includes:•

Online Surveillance: HRDs engaged by Article One reported
that their online activity was being monitored by government
agents who used the information to raid offices and bring staff inand organize extrajudicial killings against alleged drug users orfor questioning.35 According to one HRD, “Each day, we see

dealers. Despite this, stakeholders reported that Facebook was

more and more cases of people being picked up by police

used to doxx alleged users and dealers, threaten and harass

2020

because they have posted their opinion on Facebook.”

30 OHCHR: “Report of the United Nations High Commissioner for Human Rights on the situation of human rights in the Philippines” (2020). 31 Rappler: “Lives in danger as red-tagging campaign intensifies” (2020). 32 Rappler: “Lives in danger as red-tagging campaign intensifies”(2020). 33 Article One interview with Philippines-based stakeholder in May 2020. 34 US Department of State: “Country Report: Philippines” (2019); and Article One interview with Philippines-based stakeholders in April and May 2020. 35 Article One interview with Philippines-based
stakeholder in May 2020. 36 Meta Transparency Report (2020). 37 Article One email conversation with Meta representative in June 2020. 38 OHCHR: “Report of the United Nations High Commissioner for Human Rights on the situation of human rights in the Philippines” (2020).

7

ASSESSING THE HUMAN RGIHTS IMPACT OF META’S PLATFORM IN THE PHILIPPINES |blood type, and price online before negotiating details through apps

E. ON L IN E SEXU A L EXPL OIT A T ION

38% of population-level respondents and 59%
of journalists reported personally seeing explicit
images of children on Facebook.

Online sexual exploitation takes multiple forms in the Philippines andaffects both children and adults. In 2018, the Office of Cybercrime at
the Philippines Department of Justice received at least 600,000 cyber
Given these numbers, an estimated one in five Filipino children are
vulnerable to online sexual exploitation of children (OSEC).40•

Freedom of expression (UDHR 19).

According to Plan International, an independent development and•Right to work (UDHR 23) and adequate standard of living (UHDR
24).

humanitarian organization, predators use multiple online channels,
personal and group websites, and social networking sites. Meta
products, including Facebook, Facebook Dating, Watch Parties,

like Messenger.44 Finally, when it comes to labor trafficking, online
posts offering overseas positions often seem legitimate, but may
ultimately force applicants into situations of debt bondage.
Human and organ trafficking can impact the right to:

tips (across all web platforms) of sexual images of Filipino children.39

including chat rooms, instant messaging apps, online forums, emails,

2020

•

Protection from sexual exploitation and abuse (CRC 34).

•

Freedom from unlawful attacks on one’s reputation (ICCPR 17).

•

Dignity (UDHR 1).

•

Security of person (UDHR 3).

•

Freedom from slavery (UDHR 4) .

•Favorable conditions of work (UHDR 23).

•

Freedom from sale (CRC Protocol 1).

•

Freedom from organ sale (CRC Protocol 2).

Messenger, and WhatsApp, have been used by predators to various
extents in either grooming or abusing children.

F . H U M A N OR GA N T R A F F IC K IN G

In addition, the Philippines continues to experience cases of revenge

Human and organ trafficking remain challenges across theporn or non-consensual pornography.41 This act is sometimes paired

Philippines and are increasingly facilitated online, including on Meta’s

with “sextortion,” where individuals are extorted with threats toplatforms. The types of trafficking on Meta’s platform include

publish compromising images or videos of them.

commercial adoption, organ sales, and labor trafficking.42

OSEC and non-consensual pornography on Meta’s platforms infringe

On Facebook, commercial adoption can occur in closed groups withon the right to:brokers, parents, and buyers often hiding behind fake profiles. Once
initial contact is made, parties typically move from the Facebook•

Dignity (UDHR 1).

•

Security of person (UDHR 3).

Similarly, organ donors advertise or reach out to buyers directly•

Privacy (UDHR 12).

through Facebook groups. Donors share their contact information,

platform to messaging apps, such as Facebook Messenger.43

39 Rappler: “FAST FACTS: Why online sexual exploitation of children happens in the Philippines” (2020). 40 Rappler: “Philippines top global source of child pornography–UNICEF” (2017). 41 Fourteenth Congress “REPUBLIC ACT No. 9995” (2009) and Article One email
conversation with Meta representative in June 2020. 42 ILO data finds that one million Filipinos leave the country every year seeking work abroad. Thirty-five percent of population level respondents to Article One’s survey reported seeing posts from illegal recruiting agencies for jobs
overseas. ILO: “Labor migration in the Philippines.” 43 CNA: “Facebook: An emerging black market for Philippines’ baby trade” (2020). 44 CNA: “Kidney for sale: How organs can be bought via social media in the Philippines” (2019).

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ASSESSING THE HUMAN RGIHTS IMPACT OF META’S PLATFORM IN THE PHILIPPINES |2020

G. EXTREMIST ACTIVITY
Militant groups continue to operate in the Philippines, with a strong
presence in Mindanao and the Sulu archipelago. Extremist organizing
occurs on Facebook in the Philippines despite strong policies against
it.
Research conducted by the Asia Foundation and Rappler in 2018

27% ofpopulation-level
respondents
personally seeing
terrorist content
on Facebook

looked at extremist activity on Facebook and found that extremist
messaging is highly localized, referring to local grievances at themunicipal and provincial levels, and that content is often spread in
Moro languages, particularly Maranao, Maguindanaoan, andTausug.45 These trends, among others, pose specific challenges tothe detection of extremist content on the platform.
Terrorist activity on Meta’s platforms can result in infringements on
the right to:•

Dignity (UDHR 1).

•

Security of person (UDHR 3).

45 The Asia Foundation and Rappler: “Understanding Violent Extremism Messaging and Recruitment on Social Media in the Philippines” (2019).

9ASSESSING THE HUMAN RGIHTS IMPACT OF META’S PLATFORM IN THE PHILIPPINES |VI. M ET A ’S R ESPON SE & R EC OM M EN D A T ION S
Under the UNGPs, Meta should exercise due diligence to mitigate
adverse human rights impacts of its business. However, prior to•Investing in public-private partnerships in promoting digital

there are attempts to address all these issues, even this conversation

literacy, digital parenting, and digital advocacy training

is an attempt, but we need to do more because harmful impacts arenationwide.

being spread.”48

2018, Article One found that Meta’s response was slow and, at times,

Meta’s country-level efforts, however, have drawn online attacks

Many stakeholders felt that Meta’s efforts were largely a “band-aid

did not sufficiently meet the UNGPs, which, as a result, may haveagainst the company’s representatives both in the Philippines andsolution” and that real change needed to occur at the level of thepotentially exacerbated impacts. A company representative

globally. Harassment of Meta representatives typically occurs after

business model.49 Concerns by Philippines-based stakeholders

acknowledged that prior to the Duterte election, it was “too slow to

the company takes measures that are unfavorable to government

reflect global efforts by human rights organizations, including

respond” and failed to staff its operations appropriately to respond to
the unique challenges presented in the Philippines.46

47

messaging on the platform.

These country-level investments are supported by greater humanAmnesty International and OHCHR’s B-Tech project, to understandand better mitigate business model challenges to human rights.50
These efforts suggest an ongoing need for Meta to look holistically at

Since 2018, however, the company has taken a more proactive

rights accountability at Meta’s headquarters, including building out

approach. It has established a local presence in Manila and has

strategic response teams focused on offline harm and imminent risk

formed partnerships and undertaken open engagement with many

issues; the creation of election integrity teams; the establishment of acivil society organizations and government agencies, including the

civic response team to represent at-risk countries; the development

Philippines Department of Education. In addition, while not framedof Meta’s Oversight Board; and the hiring of the company’s inaugural

Based on the findings of the assessment, Article One encouraged

explicitly as human rights due diligence internally, many of the steps

Human Rights Director. These steps were recognized byMeta to implement key recommendations, including thosethat Meta has taken have been designed to identify and mitigate

stakeholders who largely praised Meta’s efforts to combat terrorist

summarized in the following table:

human rights risks. These steps included:

activity and online sexual exploitation.

•

Combatting integrity challenges, including removing coordinatedHowever, some stakeholders still find Meta’s efforts to address

inauthentic behavior.

disinformation, online harassment, and incitement to violence, inEstablishing classifiers for problematic content, including inparticular, to be insufficient. This includes both policy concerns, such

Tagalog.

as a lack of protections for certain public figures, and operational••

Investing in content reviewers and limiting, if not eliminating, thebacklog for priority issues.

•

Establishing a Trusted Partner network and onboarding Third
Party Fact Checkers.

2020

its human rights impacts and integrate human rights considerations
into key business decisions in an ongoing fashion, as outlined in the
Corporate Accountability section of the recommendations below.

concerns, such as the limited ability to address platform-coordinateddisinformation campaigns that rely on real profiles. As one
stakeholder argued: “Facebook is doing some things, but what they
are doing is not enough. They need to do more. We appreciate that46 Article One interview with Meta representative in March 2020. 47 These threats combined with concerns about the safety of stakeholders who participated in the assessment contributed
to Meta’s decision to issue this executive summary in lieu of the full report. 48 Article One interview with Philippines-based stakeholder in April 2020. 49 Article One interview with Philippinesbased stakeholder in April 2020. 50 Amnesty International: “Surveillance Giants: How the business model of Google and Facebook threatens human rights” (2019).

10ASSESSING THE HUMAN RGIHTS IMPACT OF META’S PLATFORM IN THE PHILIPPINES |2020

R E C O M M E N D AT I O N SMISINFORMATION &•Develop a risk-mitigation plan for the 2022 Presidential elections, focusing especially on the organized use of disinformation campaigns.

DISINFORMATION•

Expand efforts to track and remove coordinated disinformation campaigns that rely on real profiles.

•

Implement the recommendations of Meta’s Civil Rights Audit related to voter interference globally, including in the Philippines.51•

Scale Meta’s commitment to the EU Code of Practice on Disinformation to include the Philippines.52•

Expand Ad Library to the Philippines to ensure transparency on political advertisements.

•

Update policies to forbid political ads that include disinformation on Meta’s platforms. This could include having political ads fact-checked by IFCN-certified fact checkers
before they are approved for dissemination on Meta’s platform.

ONLINE HARASSMENT•

Include state actors in the existing Dangerous Individuals and Organizations policy.

•

Assess opportunities to expand fact-checking of political leaders beyond misinformation that may result in imminent harm.

•

Provide financial support to cover the cost of security and mental health support for fact checkers at partner organizations.

•

Expand existing misinformation and real-world harm policy to include further categories of health misinformation.

•

Expand investment in digital literacy training and provide funding for journalism schools in the Philippines.

•

Enable and empower users to take control of their security and privacy by expanding and increasing awareness of platform-based reporting functions, including throughmore visible product tools.

•

In line with guidance from Amnesty International, “offer personalized information and advice based on personal activity on the platform” (e.g., share guidance on privacy
and security settings when users make a report of violence and abuse). This guidance should not contain private information, but rather direct users to resources andtools that can help mitigate future risks.

•Strengthen policy measures against harassment, particularly the organization, incitement, or coordination of harassment, against users.

•

Adopt a “public interest” consideration, in place of a “public figures” consideration, and provide policy exceptions and product protections for at-risk public figures,
including HRDs and journalists.

•

Consider partnering with UN agencies and CSOs to develop a program to raise awareness of HRDs.

51 As this assessment focused on the Philippines the recommendations shouldn’t be taken to suggest observations as they relate to other markets. 52 As this assessment focused on the Philippines the recommendations shouldn’t be taken to suggest observations as they relate
to other markets.

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ASSESSING THE HUMAN RGIHTS IMPACT OF META’S PLATFORM IN THE PHILIPPINES |2020

R E C O M M E N D AT I O N S

INCITEMENT OF VIOLENCESURVEILLANCEONLINE SEXUAL EXPLOITATION•

Formally adopt the Rabat Plan “six-part test” into Meta’s Community Standards implementation, specifically in relation to violence and incitement.

•

Explore opportunities to share platform insights (not specific user or content data) with accountability or preventive bodies via Data for Good and/or other mechanisms.

•

Collaborate with civil society to advocate for the passing of the Human Rights Defenders Bill.

•

Develop a standalone HRD policy and implement recommendations developed as part of an HRD assessment commissioned by Meta.

•

Co-develop technical tools with HRDs that work to protect their rights while on Meta platforms.

•

Use leverage with the Philippines government to expand protections against OSEC•

Commission a child rights impact assessment of Messenger Kids.

•

Evolve default privacy setting for minors (anyone under the age of 18):•‒

Friend requests: “everyone” to “friends of friends”‒

Friend list: “public” to “only me”‒

Email search: “everyone” to “only me”‒

Telephone search: “everyone” to “only me”‒

Do not include minors in “Friends to add” recommendations‒

Do not link search engine results to Facebook profiles for those under the age of 18‒

Ensure the location of minors is never made available5

Consider requiring children to review a child-friendly version of the Community Standards when signing up for a Facebook account and develop child-friendly
safeguarding tools, including guidance on privacy settings, data collection, and reporting of grooming.

•

Consider launching a child online safety month or comparable effort to raise awareness of risks and tools through Meta’s platforms.

53 Recommendation provided by UNICEF Philippines.

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ASSESSING THE HUMAN RGIHTS IMPACT OF META’S PLATFORM IN THE PHILIPPINES |2020

R E C O M M E N D AT I O N S

TRAFFICKING

EXTREMIST ACTIVITY•

Take efforts to exclude from Facebook search results content related to the sale of human organs.

•

Update human exploitation policy to prohibit all sale of children, even in cases where the sale may be legally permissible.

•

Conduct on-platform awareness-raising training related to the risks of illegal recruitment and how to detect potentially exploitative content.

•

Further invest in Moro language capabilities, particularly highlighting key terms in Maranao, Maguindanaoan, and Tausug, to allow for more accurate, proactive review ofpotential terrorist content.

CORPORATE ACCOUNTABILITY•

Develop a standalone Human Rights Policy to guide Meta’s approach to managing human rights.

•

Consider adding an independent board member responsible for human rights and/or establishing a Human Rights Advisory Board, similar to the Safety Advisory Board.

•

Build on transitional justice work to contribute to broader recognition of human rights harms in countries with legacies of human rights abuses.

•

Continue efforts to align with the Santa Clara Principles.

•

Formally integrate human rights expectations into the Responsible Innovation process, requiring that all “high risk products” undergo a human rights review.

•

Assess which specific aspects of Meta’s business model are more or less likely to impact human rights adversely and develop mitigation measures based on theassessment results.

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ASSESSING THE HUMAN RGIHTS IMPACT OF META’S PLATFORM IN THE PHILIPPINES |VII. A D D EN D U M : C OVID- 19 U PD A T E ( A U GU ST•

Political disinformation: While political disinformation was

•

2020

Online sexual exploitation and human trafficking: The

flagged as a concern in the 2020 assessment, stakeholders

pandemic has exacerbated systemic economic and societal

engaged in August 2021 raised additional concerns given theinequalities that are among the root causes of human trafficking

Human rights organizations assert that the Philippine government’s

2022 elections. These included Meta’s fact-checking programand online sexual exploitation.59 Capitalizing on people’s loss of

response to the COVID-19 pandemic contributed to a deteriorating

omitting misinformation spread via Facebook Messenger, thelivelihoods and the increasing amount of time spent online,

human rights environment in 2020 and early 2021, both offline andexemption of politicians’ posts from fact checking, and thetraffickers used social media to recruit new victims. Reporting of

online, with an erosion of political and civil rights mirrored by aongoing presence of fake accounts on the platform that form

online child sexual exploitation in the Philippines increased bydecline in internet freedom.54

disinformation networks and harass activists.57 Political

265 percent between March and May 2020, from the same

Given the significant human rights impacts of the pandemic, Meta

disinformation can impact users’ rights to free expression, toperiod in 2019.60 Online sexual exploitation and human trafficking

commissioned Article One to conduct a follow-up assessment toaccess to information, and to political participation.

impacts victims’ rights to life and security of person and to2021)

better understand how the worsening human rights context wasplaying out on Facebook.55 Based on stakeholder engagement anddesk review, the following key findings emerged:••

Targeting of HRDs and journalists: In July of 2020, Dutertesigned the Anti-Terrorism Law, which human rights advocates

freedom from torture and forced labor. The right of children to be
free from sexual exploitation is also impacted.

argue includes vague provisions to unjustly target critics.58 The

The pandemic’s impact on the Philippines is ongoing and will

COVID-misinformation and government surveillance:

law has led to an increase in terrorist tagging—an evolution fromcontinue to shape how Meta addresses existing and intensified

Misinformation regarding COVID-19 remains a pressing problem.

red-tagging HRDs as communists to terrorists. Research on 20

human rights concerns related to its operations and products.

According to Rappler, 40 percent of the claims it fact-checked on

red-tagging cases in 2020 and 2021 conducted by Article Onesocial media in 2020 related to the COVID-19 pandemic.56 Healthand Meta did not find conclusive evidence that red-tagging on

misinformation can impact on the right to health and the right toFacebook, alone, is correlated with imminent arrest or murder.

access information. Stakeholders also reported that Philippine

However, the killings of several individuals that had been red-police monitor Facebook posts to identify and arrest people whotagged both online and offline indicates that red-tagging remains

are alleged to violate COVID-19 lockdown rules.

an urgent and severe threat to HRDs and one that can infringeon the right to life and security of person.

54 Human Rights Watch, “World Report 2021: Philippines” (2021) and Freedom House, “Freedom on the Net Report 2021: Philippines” (2021). 55 During the follow up assessment, Article One spoke with an additional 6 stakeholders and 4 Meta representatives. 56 Falsehoods
about the pandemic included cures and preventive measures, conspiracy theories and predictions, policies implemented by governments, and falsely attributed statements, among others. Rappler, “Fact-checking the falsehoods that came out of 2020” (2021). 57 Rappler,“Facebook, Twitter, TikTok, YouTube still open for abuse in PH polls” (2021). 58 Amnesty International, “Philippines: Dangerous anti-terror law yet another setback for human rights” (2020); Human Rights Watch, “World Report 2021: Philippines” (2021). 59 UN Office on Drugs andCrime, “The Effects of the COVID-19 Pandemic on Trafficking in Personas and Responses to the Challenges” (2021). 60 DOJ-OOC clarified that the increase was related to cybertips that needed further review and possible investigation of law enforcement units. Cybertips may also
include identical materials reported by several platforms, or digital images of children that were generated, in good faith, where they are not engaged in real or simulated explicit sexual activities nor lascivious exhibition of private parts of the body. 2020 research by NCMEC foundthat “higher numbers of reports can be indicative of a variety of things including larger numbers of users on a platform or how robust an ESP’s efforts are to identify and remove abusive content.” “Save the Children, “Online sexual abuse of children rising amid COVID-19 pandemic”(2021) and BusinessMirror, “DOJ unit reports 264.63% spike in online child pornography from March 1 to May 24” (2020).

14ASSESSING THE HUMAN RGIHTS IMPACT OF META’S PLATFORM IN THE PHILIPPINES |Since the original assessment, Meta has continued investments in2.

combatting salient human rights risks surfaced in the 2020

Increase efforts to combat disinformation and misinformation in
the Philippines, including:assessment. In addition, the company has invested in combatinga.

COVID misinformation at both the global and country-level. At theadvance of the upcoming elections; andFacebook Ads/Pages training for the Philippines Department ofb.

Public Health’s information team;•Development of the #FactualSharingisCaring information
awareness campaign, which was shared via Digital Tayo3.

policies, expanding the trusted partner program, and taking steps

Development of the COVID-19 Messenger Chatbot, KIRA, in

to review red-tagged content in a timely manner, consistent withthe threat of life.

Viber, and other platforms; andDeployment of #CheckTheFAQs, an online campaign by thePhilippines Department of Health against vaccine and COVID-19
misinformation.

Increase capacity to address red-tagging, including: building
awareness among local civil society of Meta’s red-tagging

partnership with the Philippines Department of Health, Google,•

4.

Increase the capacity to mitigate the prevalence of online sexual
exploitation and human trafficking on Meta platforms, including:a.

spaces;following actions be taken:
Initiate/expand information sharing on user engagement withb.

Investigating new methods and technologies to address
the spread of CSAM in encrypted spaces, while still

COVID misinformation. This data can help independent

respecting the right to privacy and other human rights.

researchers understand how misinformation is spread and theefficacy of mitigation tactics.

Investing greater resources in the prevention of child
exploitation and sharing of CSAM in unencrypted

Based on these findings and Meta’s responses, we recommend the1.

Apply Meta’s heightened penalties for public figures
who violate Meta’s Community Standard.

partners;•

Onboarding new Third Party Fact Checkers to ensuresufficient resourcing to address disinformation incountry-level, these investments have included:
•

2020

c.

Expanding approaches to identify and limit dangerous
engagements that could result in exploitation.

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Article One is a specialized strategy and management
consultancy with expertise in human rights, responsible
innovation, and social impact. We envision a world inwhich business succeeds and all people are free and equalin dignity and rights.
In support of that vision, Article One partners with theworld’s leading companies to drive transformative changethat places people at the center of business.

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