A/HRC/38/35
United Nations
General Assembly
Distr.: General
6 April 2018
Original: English
Human Rights Council
Thirty-eighth session
18 June−6 July 2018
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression
Note by the Secretariat
The Secretariat has the honour to transmit to the Human Rights Council the report of
the Special Rapporteur on the promotion and protection of the right to freedom of opinion
and expression, David Kaye, pursuant to Council resolution 34/18. In his report the Special
Rapporteur addresses the regulation of user-generated online content. He recommends that
States ensure an enabling environment for online freedom of expression and that companies
apply human rights standards at all stages of their operations. Human rights law gives
companies the tools to articulate their positions in ways that respect democratic norms and
counter authoritarian demands. At a minimum, companies and States should pursue
radically improved transparency, from rule-making to enforcement of the rules, to ensure
user autonomy as individuals increasingly exercise fundamental rights online.
GE.18-05436(E)