The Gambia v. Facebook

Facts 
In 2019, The Gambia filed a case against Myanmar at the International Court of Justice (ICJ) alleging genocide against the Rohingya minority. As Facebook was a major platform used to spread anti-Rohingya hate speech in Myanmar, The Gambia filed a discovery request in the U.S. District Court for access to deleted posts and internal investigation documents. Facebook had removed pages and accounts tied to Myanmar’s military for coordinated inauthentic behaviour, but preserved the deleted data. The Gambia argued that the content was crucial evidence to support its ICJ case. 

Legal Question 
Could Facebook be compelled to produce deleted content and internal investigation records despite its claims of protection under the U.S. Stored Communications Act (SCA)? 

Decision 
The District Court, presided over by Judge Zia Faruqui, held that Facebook must disclose the requested de-platformed content and internal documents. The Court ruled that the deleted public content did not constitute “backup storage” under the SCA and thus was not protected from disclosure. The Court found that Myanmar officials intended the posts to be public to incite violence, so the “consent exception” under the SCA applied. Additionally, the Court rejected Facebook’s arguments that the request was overly broad or burdensome. However, the Court denied The Gambia’s request for a deposition, considering it excessive. Ultimately, the Court emphasized balancing privacy concerns against accountability for human rights violations, ordering Facebook to produce non-privileged investigation materials. 

This decision was seen as a significant victory for transparency and accountability efforts concerning the Rohingya genocide.