Quote:In recent years, social media platforms have been taking down online content more often and more quickly, often in response to the demands of governments, but in a way that prevents the use of that content to investigate people suspected of involvement in serious crimes, including war crimes. While it is understandable that these platforms remove content that incites or promotes violence, they are not currently archiving this material in a manner that is accessible for investigators and researchers to help hold perpetrators to account.

Social media content, particularly photographs and videos, posted by perpetrators, victims, and witnesses to abuses, as well as others has become increasingly central to some prosecutions of war crimes and other international crimes, including at the International Criminal Court (ICC) and in national proceedings in Europe. This content also helps media and civil society document atrocities and other abuses, such as chemical weapons attacks in Syria, a security force crackdown in Sudan, and police abuse in the United States.

Yet social media companies have ramped up efforts to permanently remove posts from their platforms that they consider violate their rules, or community guidelines or standards according to their terms of service, including content they consider to be “terrorist and violent extremist content” (TVEC), hate speech, organized hate, hateful conduct, and violent threats. According to the companies, they not only take down material that content moderators classify for removal. Increasingly, they also use algorithms to identify and remove content so quickly that no user sees it before it is taken down. In addition, some platforms have filters to prevent content identified as TVEC and other relevant content from being uploaded in the first place. Governments globally have encouraged this trend, calling on companies to take down content as quickly as possible, particularly since March 2019, when a gunman livestreamed his attack on two mosques in Christchurch, New Zealand that killed 51 people and injured 49 others.

Companies are right to promptly remove content that could incite violence, otherwise harm individuals, or jeopardize national security or public order. But the social media companies have failed to set up mechanisms to ensure that the content they take down is preserved, archived, and made available to international criminal investigators. In most countries, national law enforcement officials can compel the companies to hand over the content through the use of warrants, subpoenas, and court orders, but international investigators have limited ability to access the content because they lack law enforcement powers and standing.