Freedom of expression, States and the private sector in the digital age 2016, para. 37

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Paragraph text
State demands to remove content are often based on such rationales as defamation, blasphemy, election-related regulations, harassment or hate speech, incitement, intellectual property, obscenity and indecency, terrorist recruitment or "glorification", the protection of national security and public safety, child protection and the prevention of gender-based attacks. Problems long connected to freedom of expression but increasingly complicated in the digital age have also attracted State regulation, including the "right to be forgotten" and pluralism and diversity (for example, network neutrality). Intermediaries themselves establish and enforce terms of service designed to address many of these concerns, for legal, commercial and other reasons. Many of these issues raise questions about the appropriate balance between freedom of expression and other human rights (for example, privacy, non-discrimination). While content regulations are often restrictive in nature, they may also require the transmission of Government-mandated or approved messages, or prohibit differential pricing for content and content delivery services.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
  • Equality & Inclusion
  • Gender
Person(s) affected
  • Children
Year
2016
Paragraph type
Other
Reference
SR Freedom of Opinion, Report to the HRC (2016), A/HRC/32/38, para. 37.
Paragraph number
37