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The role of digital access providers 2017, para. 78
- Paragraph text
- It is also critical for the Council and States to draw the connections between privacy interference and freedom of expression. To be sure, interferences with privacy must be assessed on their own merits under article 17 of the International Covenant on Civil and Political Rights and other norms of human rights law. But certain interferences — such as overbroad requests for user data and third party retention of such data — can have both near- and long-term deterrent effects on expression, and should be avoided as a matter of law and policy. At a minimum, States should ensure that surveillance is authorized by an independent, impartial and competent judicial authority certifying that the request is necessary and proportionate to protect a legitimate aim.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
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The role of digital access providers 2017, para. 82
- Paragraph text
- For years now, individuals and companies within the digital access sector have understood that they play an essential role in the vast expansion of access to information and communications services. They are in a business in which the model for success should involve expanding access, efficiencies, diversity and transparency. They should take the principles identified in the present report as tools to strengthen their own roles in advancing users’ rights to freedom of expression. In this spirit, in addition to high-level policy commitments to human rights, the industry should allocate appropriate resources towards the fulfilment of these commitments, including due diligence, rights-oriented design and engineering choices, stakeholder engagement, strategies to prevent or mitigate human rights risks, transparency and effective remedies. In doing so, the design and implementation of corporate human rights accountability measures should draw on both internal and external expertise, and ensure meaningful input from customers and other affected rights holders, civil society and the human rights community.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 61b
- Paragraph text
- [The political bodies of the United Nations, especially the General Assembly and Human Rights Council, and other intergovernmental organizations should:] Ensure the development of monitoring and oversight functions;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 83
- Paragraph text
- This is not to say that private companies do not face pressures. They do. But when States request corporate involvement in censorship or surveillance, companies should seek to prevent or mitigate the adverse human rights impacts of their involvement to the maximum extent allowed by law. In any event, companies should take all necessary and lawful measures to ensure that they do not cause, contribute or become complicit in human rights abuses. Arrangements with corporate partners should be structured to ensure that all parties uphold their human rights responsibilities. Companies should also seek to build leverage in pre-existing business relationships to prevent or mitigate adverse human rights impacts.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 55
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- Over the past 70 years, the United Nations and other intergovernmental organizations have served foundational roles in expanding the rule of law globally. While not always successful, these organizations enable the coordination of policy and the development of legal norms in the fields of security, development, governance and many others, and they are consistently perceived as important institutions by public opinion around the world. Strengthening them, ensuring that they serve the functions for which they were created, enhancing public participation in their work, these are the underlying goals of the present report. Development of access-to-information policies, in keeping with the global legal trends for freedom of information, will advance the objectives of intergovernmental organizations and the Member States that constitute them.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 57
- Paragraph text
- Intergovernmental organizations should make efforts now to create openness and to establish policies and infrastructure that not only provide information of all kinds but also promote such requests. Intergovernmental organizations should welcome the opportunities to provide transparency because, although transparency can cause embarrassment and, occasionally, give rise to scandal, it also sends a broader message of understanding that public knowledge is critical, especially so since these institutions serve critical public functions. Opacity, by contrast, sends the opposite message: we are distant; our work does not concern you; your support is unnecessary.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 61c
- Paragraph text
- [The political bodies of the United Nations, especially the General Assembly and Human Rights Council, and other intergovernmental organizations should:] Provide comprehensive information concerning organizational governance mechanisms, including election and selection or appointment processes, and broader and simpler accreditation of organizations to participate in and monitor organizational activities;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 60a
- Paragraph text
- [International organizations, especially the United Nations, should:] Begin the process of adopting rigorous access-to-information policies. At a minimum, organizations should identify and appoint access-to-information focal points to coordinate the adoption process. I specifically encourage the Secretary-General to appoint the director of the Department of Public Information to lead such an effort on an urgent basis;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 60c
- Paragraph text
- [International organizations, especially the United Nations, should:] Consult with those organizations that already have active access-to-information policies, such as UNEP and UNDP, to understand their processes and any lessons learned they may impart;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 60b
- Paragraph text
- [International organizations, especially the United Nations, should:] Develop a multi-stakeholder process to engage civil society, including the media, and Member States in identifying the key elements of an access policy;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 59
- Paragraph text
- I make the following core recommendations in keeping with the findings of the present report.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 62a
- Paragraph text
- [Member States should:] Encourage intergovernmental organizations to adopt access-to-information policies that meet the standards identified in the present report;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 61a
- Paragraph text
- [The political bodies of the United Nations, especially the General Assembly and Human Rights Council, and other intergovernmental organizations should:] Promote the adoption of access to information policies through resolutions and other governance mechanisms;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 81
- Paragraph text
- The intersection of State behaviour and corporate roles in the digital age remains somewhat new for many States. One profitable way forward, at both the international and domestic levels, would involve the development of national action plans on business and human rights in order to establish meaningful avenues for all categories of the digital access industry to identify and address their respective human rights impacts.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 80
- Paragraph text
- The protective role that States may exercise over the private sector can only go so far. They should not be promoting the economic gain of private entities over users’ rights to freedom of opinion and expression. Thus, States should prohibit attempts to assign priority to certain types of Internet content or applications over others for payment or other commercial benefits.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 63a
- Paragraph text
- [Civil society organizations, the media and members of the public should:] Engage directly and seek a formal role with intergovernmental organizations in the process of development of access to information policies, including by identifying for them the key areas of interest in information;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 63b
- Paragraph text
- [Civil society organizations, the media and members of the public should:] Make requests for information from intergovernmental organizations as soon as possible, even before the development of access policies, in order to determine the way in which they currently handle such formal requests;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 63c
- Paragraph text
- [Civil society organizations, the media and members of the public should:] Share information with other organizations and with the Special Rapporteur about the experience of engaging with intergovernmental organizations in the development of access policies.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Contemporary challenges to freedom of expression 2016, para. 57b
- Paragraph text
- [Among steps that I would encourage are the following:] Engage with special procedures of the Human Rights Council. As has been shown in the present report, while the response rate to communications is quite low, several States engage with the mandate holder in good faith. Engagement with communications and invitations to conduct country missions add significant value to the work of the mandate holder, since they allow us to seek an understanding of why States pursue certain policies (and, where those policies are adverse to freedom of expression, a possibility of encouraging officials to adopt other measures);
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 57d
- Paragraph text
- [Among steps that I would encourage are the following:] Support independent media and civic space. In the face of State repression of reporting, it is critical that States make an extra effort to support independent voices in the media and civil society at large. At a minimum, I encourage States to avoid imposing restrictions on reporting and research that may be seen to criticize the Government and its policies or to share information about sensitive subjects, including terrorism. States should especially avoid imposing obstacles, such as accreditation procedures or penalties through defamation lawsuits or intermediary liability, that undermine independent media. At the same time, those with the means - such as private donors and foundations - should make a special effort to support independent media and to foster strong scrutiny of media conglomerations that squeeze out the less well-financed outlets;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 84
- Paragraph text
- Even though this project is at its early stages, it is nonetheless critical that States and private actors take steps to ensure respect for the freedom of opinion and expression. These steps should include, at a minimum, the following, with further analysis to follow throughout the Special Rapporteur's mandate.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 82
- Paragraph text
- The information and communication technology sector is always in rapid development, continually upgrading technology, digitizing everyday life. As a result, addressing legal and policy issues with an eye to current normative gaps involves some risk of failing to address trends that are only now emerging or have yet to emerge. This is a natural feature of the digital age, but even with rapid change in technology, the digital environment will continue to be animated by persistent threats to freedom of opinion and expression. These threats include government dominance of, or attempts to dominate, sources of information, using tools of censorship against online services and infrastructure; the struggle of businesses to promote their products and services in environments that are hostile to freedom of expression; the failures of many business enterprises to ensure the promotion and protection of rights in their pursuit of commercial interests; and the often contradictory demands of individuals that business entities provide them not only with security but also convenience, connectivity and community. As the project of exploring information and communication technology responsibilities moves forward, the Special Rapporteur will be looking to experts in the field -in Government, the private sector, civil society, the technical community, academia - to help him conduct analysis and reporting that respond both to the current issues at the intersection of technology and freedom of expression and to long-term features of the digital age.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 83
- Paragraph text
- The Special Rapporteur strongly encourages all stakeholders - whether State actors, private sector enterprises or civil society organizations and individuals - to take an active part in the development of the forthcoming projects. He particularly encourages stakeholders from less developed countries and vulnerable communities to share perspectives on the impact that the information and communication technology sector may have on the enjoyment of rights and the role that States may play in either interfering with or advancing those rights.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 90
- Paragraph text
- Beyond adoption of policies, private entities should also integrate commitments to freedom of expression into internal policymaking, product engineering, business development, staff training and other relevant internal processes. The Special Rapporteur will aim to explore policies and the full range of implementation steps in a number of ways, including through company visits.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 57e
- Paragraph text
- [Among steps that I would encourage are the following:] State leadership. One of the most disappointing aspects of the current situation for freedom of expression is that many States with strong histories of support for freedom of expression - in law and in their societies - have considered measures liable to abuse in their own countries or to misuse when applied elsewhere. In particular, Governments pursuing new policies to enhance surveillance or to limit Internet security should reconsider those efforts, as they often fail to meet the tests of necessity and proportionality. I strongly urge all States to consider that attacks on security on the Internet pose long-term threats not only to freedom of expression but also to national security and public order itself.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 87
- Paragraph text
- States place undeniable pressures on the private information and communication technology sector that often lead to serious restrictions on the freedom of expression. The private sector, however, also plays independent roles that may either advance or restrict rights, a point the Human Rights Council well understood by adopting the Guiding Principles on Business and Human Rights in 2011 as general guidance in that field. Private entities should be evaluated on the steps they take both to promote and undermine freedom of expression, even in hostile environments unfriendly to human rights.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 88
- Paragraph text
- Among the most important steps that private actors should take is the development and implementation of transparent human rights assessment procedures. They should develop and implement policies that take into account their potential impact on human rights. Such assessments should critically review the wide range of private sector activities in which they are engaged, such as the formulation and enforcement of terms of service and community standards on users' freedom of expression, including the outsourcing of such enforcement; the impact of products, services and other commercial initiatives on users' freedom of expression as they are being developed, including design and engineering choices, and plans for differential pricing of or access to Internet content and services; and the human rights impact of doing business with potential government customers, such as the operation of telecommunication infrastructure or the transfer of content-regulation or surveillance technologies.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 91
- Paragraph text
- As the present report has shown, many international organizations play a role in information and communication technology governance processes. It is critical that such organizations provide meaningful public access to policies, standards, reports and other information concerning Internet governance created or generated by the organization and/or its membership, including through facilitating access to free online resources and public education initiatives. More generally, the multi-stakeholder process for Internet governance has been an important driver for policies supportive of freedom of expression. With that in mind, international organizations should ensure meaningful civil society participation in policymaking and other standard-setting processes, including through increasing the presence of technical experts sensitive to human rights concerns.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 57c
- Paragraph text
- [Among steps that I would encourage are the following:] Support or establish regional or subregional monitoring. Several regions have developed or are developing independent approaches to supporting freedom of expression. The Inter-American Commission on Human Rights, the African Commission on Human and People's Rights and the Organization for Security and Cooperation in Europe have established monitoring mechanisms on the basis of norms that are consistent with the international and regional standards. Human rights courts serve as critical watchdogs in these regions, including subregional courts such as the East African Court of Justice and the Court of Justice of the Economic Community of West African States. At this time, however, no such monitors - expert-oriented or judicial - exist in the Middle East and North Africa or Asia. I strongly encourage States, in collaboration with United Nations and regional political bodies and civil society, to begin the process of developing independent monitoring mechanisms in those regions that do not currently enjoy them on the basis of international standards. I also strongly encourage civil society actors to make active use of the existing regional and global mechanisms, whether through supportive fact-finding and reporting or litigation, and to develop approaches to creating regional monitoring. The Special Rapporteur stands ready to support such efforts;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 57a
- Paragraph text
- [Among steps that I would encourage are the following:] Review and, where necessary, revise national laws. National legislation increasingly adopts overly broad definitions of key terms, such as terrorism, national security, extremism and hate speech, that fail to limit the discretion of executive authorities. Legislation often limits the role of judicial or independent and public oversight. Proponents often give limited demonstration of how new legal rules are necessary to protect legitimate interests and proportionately address specific threats, and the legislative process often limits public engagement and debate. I would urge all States considering new legislation to ensure that their laws meet these requirements, and I encourage States to implement regular public oversight of laws that implicate freedom of expression to ensure that they meet the tests of legality, legitimacy and necessity. Where possible, States should not only adopt legal frameworks but also implement training, particularly among independent oversight bodies, of the principles of freedom of expression;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
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