Facebook was used to spread disinformation about the Rohingya, the Muslim ethnic minority in Myanmar, and in 2018 the company began to delete posts, accounts and other content it determined were part of a campaign to incite violence.
That deleted but stored data is at issue in a case in the United States over whether Facebook should release the information as part of a claim in international court.
Facebook this week objected to part of a U.S. magistrate judge’s order that could have an impact on how much data internet companies must turn over to investigators examining the role social media played in a variety of international incidents, from the 2017 Rohingya genocide in Myanmar to the 2021 Capitol riot in Washington.
The judge ruled last month that Facebook had to give information about these deleted accounts to Gambia, the West African nation, which is pursuing a case in the International Court of Justice against Myanmar, seeking to hold the Asian nation responsible for the crime of genocide against the Rohingya.
But in its filing Wednesday, Facebook said the judge’s order “creates grave human rights concerns of its own, leaving internet users’ private content unprotected and thereby susceptible to disclosure — at a provider’s whim — to private litigants, foreign governments, law enforcement, or anyone else.”
The company said it was not challenging the order when it comes to public information from the accounts, groups and pages it has preserved. It objects to providing “non-public information.” If the order is allowed to stand, it would “impair critical privacy and freedom of expression rights for internet users — not just Facebook users — worldwide, including Americans,” the company said.Facebook has argued that providing the deleted posts is in violation of U.S. privacy, citing the Stored Communications Act, the 35-year-old law that established privacy protections in electronic communication.