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The right to freedom of opinion and expression exercised through the Internet 2011, para. 65
- Paragraph text
- In some economically developed States, Internet access has been recognized as a right. For example, the parliament of Estonia passed legislation in 2000 declaring Internet access a basic human right. The constitutional council of France effectively declared Internet access a fundamental right in 2009, and the constitutional court of Costa Rica reached a similar decision in 2010. Going a step further, Finland passed a decree in 2009 stating that every Internet connection needs to have a speed of at least one Megabit per second (broadband level). The Special Rapporteur also takes note that according to a survey by the British Broadcasting Corporation in March 2010, 79% of those interviewed in 26 countries believe that Internet access is a fundamental human right.
- 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
- Year
- 2011
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 30
- Paragraph text
- The Special Rapporteur is also concerned by the emerging trend of timed (or "just-in-time") blocking to prevent users from accessing or disseminating information at key political moments, such as elections, times of social unrest, or anniversaries of politically or historically significant events. During such times, websites of opposition parties, independent media, and social networking platforms such as Twitter and Facebook are blocked, as witnessed in the context of recent protests across the Middle East and North African region. In Egypt, users were disconnected entirely from Internet access.
- 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
- Year
- 2011
Paragraph
Protection of journalists and media freedom 2012, para. 61
- Paragraph text
- Most of the offline media have developed an online alternative, and given that the Internet has become an essential and economic medium for disseminating news to a global audience, leading to an emergence of "online journalists" - both professionals and so-called "citizen journalists" who are untrained, but who play an increasingly important role by documenting and disseminating news as they unfold on the ground. Such an expansion of individuals involved in spreading information has enriched the media landscape by increasing access to sources of information, stimulating informed analysis and promoting the expression of diverse opinions, particularly in moments of crises.
- 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
- Humanitarian
- Year
- 2012
Paragraph
The protection of sources and whistle-blowers 2015, para. 17
- Paragraph text
- Confidential sources rely on others to invoke the right to confidentiality on their behalf. Historically, States have enabled a professional class of journalists to invoke the right, but the revolution in the media and in information over the past 20 years demands reconsideration of such limitations. Article 19, which protects freedom of expression through any media, requires that States take into account a contemporary environment that has expanded well beyond traditional print and broadcast media. The protection available to sources should be based on the function of collection and dissemination and not merely the specific profession of "journalist". The practice of journalism is carried out by "professional full-time reporters and analysts, as well as bloggers and others who engage in forms of self-publication in print, on the Internet or elsewhere" (Human Rights Committee, general comment No. 34, para. 44).
- 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
- Year
- 2015
Paragraph
Protection of journalists and press freedom 2010, para. 47
- Paragraph text
- However, the Special Rapporteur would like to emphasize that, despite the changing nature of armed conflicts today, there are sufficient protection guarantees for journalists under existing legal standards, as outlined below.
- 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
- Humanitarian
- Year
- 2010
Paragraph
Access to information in international organizations 2017, para. 4
- Paragraph text
- There is evidently no formal process according to which a member of the public, let alone a special rapporteur, may seek such information from the United Nations. As a result, even if an intergovernmental organization has a good case for non-disclosure in a particular situation, that argument is not tested (see ST/SGB/2007/6). To address this point one must ask how are institutional decisions and analyses, and decision makers, to be put to the test when such information is so difficult to obtain? Instead of a formal process that would enable the submission of requests for information, public knowledge of the policies and actions of the United Nations and of other intergovernmental organizations is limited to only what those bodies choose to publish, while external evaluation typically depends on the efforts of journalists or researchers who develop access within such organizations. Within the United Nations, and most intergovernmental organizations, there appears to be no obligation on the part of any official source to provide reasons for refusing to disclose 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
- Year
- 2017
Paragraph
Protection of journalists and press freedom 2010, para. 40
- Paragraph text
- Moreover, in situations where journalists find themselves in the territory of another State, the host State is also obliged to respect, protect and fulfil their rights, including their right to freedom of opinion and expression. This obligation also applies to an occupying power in situations of occupation, as well as forces of a State party acting outside its territory, such as forces constituting a national contingent of a State party assigned to an international peacekeeping or peace enforcement operation.
- 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
- Humanitarian
- Movement
- Year
- 2010
Paragraph
Protection of journalists and media freedom 2012, para. 76
- Paragraph text
- Although the above examples of challenges and good practices relating to the protection of journalists in situations of widespread violence or impunity have been drawn from Latin America, this is not the only region in which these issues are a concern. The Special Rapporteur has sent communications to several countries regarding issues such as impunity, journalists reporting on violence and organized crime, as outlined in chapters II and III above.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2012
Paragraph
Protection of journalists and press freedom 2010, para. 50
- Paragraph text
- During times of conflict, journalists are at a heightened risk of being subjected to arbitrary detention and internment for alleged security reasons. In an international armed conflict, war correspondents, or representatives of the media who are accredited to, and accompany, the armed forces without being members thereof, are entitled to the status and treatment of a prisoner-of-war in case of capture. This is by virtue of the fact that they are formally authorized to accompany the armed forces and aim to keep the closest possible contact with the armed forces and thus inevitably share the fate of the armed forces. Hence, war correspondents benefit from all the protections of the Third Geneva Convention as supplemented by Additional Protocol I and customary international law. All other journalists who fall into the hands of a party to an international armed conflict benefit at least from the protections granted in article 75 of Additional Protocol I, which includes, inter alia, prohibition of violence to life, health or physical or mental well-being, humiliating and degrading treatment, and taking of hostages. They are also entitled to fair trial guarantees in the case of detention for penal offences. In addition, journalists in the hands of a party to the conflict or occupying power of which they are not nationals benefit from the protections granted by the Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention).
- 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
- Humanitarian
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 51
- Paragraph text
- In the case of non-international armed conflicts, there is no distinction between war correspondents and other journalists under international humanitarian law, and the protection for all journalists emanates from common article 3 of the Geneva Conventions and the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II). This includes, for example, protection from violence to life, health and physical or mental well-being, including torture, hostage-taking, humiliating and degrading treatment, as well as threats to commit such acts. They are also entitled to fair trial guarantees (articles 4, 5, 6 of Additional Protocol II). The Special Rapporteur would like to emphasize that violations of most of these provisions are punishable as war crimes.
- 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
- Humanitarian
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 38
- Paragraph text
- The obligation to fulfil or to facilitate the enjoyment of the right to freedom of expression requires States to take positive and proactive measures, including, for example, allocating sufficient attention and resources to prevent attacks against journalists and taking special measures to address such attacks, including providing protection for journalists. It also encompasses the obligation to create conditions to prevent violations of the right to freedom of expression, including by ensuring that relevant national legislation complies with their international human rights obligations and is effectively implemented.
- 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
- Year
- 2010
Paragraph
Hate speech and incitement to hatred 2012, para. 28
- Paragraph text
- Asia and the Middle East have seen killings of presidents of the Ahmadiyya community in Pakistan following a television broadcast during which two maulanas stated that the Ahmadiyya community was deserving of death; incitement by a Government-appointed imam in Saudi Arabia to eliminate all Shia believers in the world; incitement to and acts of violence against the Sufi community in Sri Lanka; increased radicalization and serious instances of incitement to racism in Israel against the Arab population, in addition to acts of violence by Jewish settlers against Muslims; and incitement to religious hatred against Jews in the occupied Palestinian territory.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Year
- 2012
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 33
- Paragraph text
- The types of action taken by States to limit the dissemination of content online not only include measures to prevent information from reaching the end-user, but also direct targeting of those who seek, receive and impart politically sensitive information via the Internet. Physically silencing criticism or dissent through arbitrary arrests and detention, enforced disappearance, harassment and intimidation is an old phenomenon, and also applies to Internet users. This issue has been explored in the Special Rapporteur's report to the General Assembly under the section on "protection of citizen journalists" (A/65/284). Such actions are often aimed not only to silence legitimate expression, but also to intimidate a population to push its members towards self-censorship.
- 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
- Year
- 2011
Paragraph
The right to access information 2013, para. 38
- Paragraph text
- By its resolution 65/196, the General Assembly proclaimed 24 March as the International Day for the Right to the Truth concerning Gross Human Rights Violations and for the Dignity of Victims, in recognition of the work and values of Monsignor Oscar Arnulfo Romero of El Salvador, who was killed in 1980. In his message on the day in 2013, the Secretary-General emphasized the individual and collective dimension of the right to truth, noting that each victim had the right to know the truth about violations against them, but that the truth also had to be told more widely as a safeguard to prevent violations from happening again.
- 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
- Year
- 2013
Paragraph
The right to access information 2013, para. 22
- Paragraph text
- Notably, article 6 of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (known also as the Declaration on Human Rights Defenders), adopted by the General Assembly in resolution 53/144, expressly provides for access to information on human rights, stating that everyone has the right, individually and in association with others, (a) to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how these rights and freedoms are given effect in domestic legislative, judicial or administrative systems; and (b) as provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms.
- 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
- Year
- 2013
Paragraph
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 55
- Paragraph text
- Many States have dispensed with the need for law enforcement agencies to return to the court for ongoing supervision after an interception order is issued. Under the Kenyan Prevention of Terrorism Act 2012, for example, interception of communications can be conducted over an indefinite period of time, without any requirement that law enforcement agencies report back to a court or seek an extension. Some States impose time limits on the execution of interception orders but enable law enforcement authorities to renew such orders repeatedly and indefinitely.
- 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
- Year
- 2013
Paragraph
The protection of sources and whistle-blowers 2015, para. 19
- Paragraph text
- Two categories, for example, expand beyond officially recognized journalists. First, there are those who most closely reflect the professional engagement in collection and dissemination: members of civil society organizations who conduct research and issue findings, and researchers - academics, independent authors, freelance writers and others - who regularly participate in gathering and sharing information publicly. It is common for such people to adopt and publish methodologies that underscore the degree of professionalism upon which their work depends. Many non-governmental organizations are themselves publishers of well-sourced content that, in form and substance, is virtually identical to the work of the press, often the result of thorough research, in-the-field reporting and analysis. It is common for human rights researchers to rely upon sources who require confidentiality for safety. Recognizing a broad scope of protection, the European Court of Human Rights indicated that "non-governmental organisations, like the press, may be characterised as social 'watchdogs.' In that connection their activities warrant similar Convention protection to that afforded to the press". The Information Commissioner's Office in the United Kingdom of Great Britain and Northern Ireland granted a non-governmental organization, Global Witness, an exemption from the national Data Protection Act because its work, and those of other non-media organizations, "constitutes a journalistic purpose even if they are not professional journalists and the publication forms part of a wider campaign to promote a particular cause". In Canada, a judge of the Superior Court of Quebec upheld a researcher's right to protect confidential 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)
- Governance & Rule of Law
- Year
- 2015
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 48
- Paragraph text
- Service shutdowns and associated restrictions are a particularly pernicious means of enforcing content regulations. Such measures are frequently justified on the basis of national security, the maintenance of public order or the prevention of public unrest. In 2015, the Special Rapporteur, together with representatives of the Organization for Security and Cooperation in Europe, the Organization of American States and the African Commission on Human and Peoples' Rights condemned as unlawful Internet "kill switches". In one year alone, there were reports of shutdowns in Bangladesh, Brazil, Burundi, the Democratic Republic of the Congo, India and Pakistan. The Special Rapporteur confirmed instances of telecommunication service provider and service shutdowns in Tajikistan, during his official visit in March 2016.
- 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
- Year
- 2016
Paragraph
Protection of journalists and media freedom 2012, para. 53
- Paragraph text
- Another threat to the freedom of journalists and to press freedom is the increasing use of criminal law on defamation, slander or libel by public officials to silence criticism regarding their personal activities or public policies. The mere use of such "judicial harassment" generates a climate of fear and a "chilling effect" which encourages self-censorship. This issue is further explored under section D below on criminalization 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
- Year
- 2012
Paragraph
Protection of journalists and press freedom 2010, para. 21
- Paragraph text
- Journalists are understood to be individuals who are dedicated to investigating, analysing and disseminating information, in a regular and specialized manner, through any type of written media, broadcast media (television or radio) or electronic media. With the advent of new forms of communication, journalism has extended into new areas, including citizen journalism (see section V). The Special Rapporteur underscores that journalists should not be subject to conditions such as compulsory membership in professional associations or a university degree to practise journalism. When reference is made to journalists in the present report, the Special Rapporteur is also alluding by extension to other media professionals and associated personnel, given the fact that they are also often targeted because of their activities in gathering and disseminating information and for being part of "the press".
- 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
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 52
- Paragraph text
- The Special Rapporteur would like to highlight the fact that, in addition to being afforded protection under international humanitarian law as civilians, journalists and other media professionals are protected under international human rights law even during armed conflict. Indeed, as emphasized by, inter alia, the Human Rights Committee, in situations of armed conflict, international humanitarian law and international human rights law are not mutually exclusive, but complementary. As such the obligation of States to respect, protect and fulfil the right of all individuals to freedom of expression, as well as their right to life, liberty and security (see section III.B above), continue to apply during armed conflict alongside international humanitarian law.
- 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
- Humanitarian
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 66
- Paragraph text
- The right to freedom of opinion and expression includes the freedom for minority and excluded groups to give, receive and transmit information. Community-based media are effective ways to accomplish that, and it is the duty of Governments to assist and support them in doing so and to ensure equitable access. The Special Rapporteur reiterates the call to Governments, made in paragraph 3 of the relevant section of the Colombo Declaration, to "develop national policies that address access to, and participation in, information and communication for people living in poverty, including access to licenses and fair spectrum allocation".
- 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
- Poverty
- Year
- 2010
Paragraph
Protection of journalists and media freedom 2012, para. 90
- Paragraph text
- The Special Rapporteur emphasizes the importance of journalists' right to access information, which is part of the right to seek and receive information under articles 19 of the Universal Declaration on Human Rights and the International Covenant on Civil and political Rights, respectively. He would like to stress that Governments should classify only those data which are proven to harm national security and other vital interests of the State. Moreover, there should be clear classification criteria and register of classified information, which is both established by law and accessible to everyone. Further, classified data should be subject to regular review and declassified if confidentiality is no longer necessary.
- 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
- Year
- 2012
Paragraph
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 39
- Paragraph text
- In many States, mandatory data retention is facilitating massive collection of communications data that can later be filtered and analysed. Technologies enable the State to scan phone calls and text messages to identify the use of certain words, voices or phrases, or filter Internet activity to determine when an individual visits certain websites or accesses particular online resources. "Black boxes" can be designed to inspect the data flowing through the Internet in order to filter through and deconstruct all information about online activity. This method, called "deep-packet inspection", allows the State to go beyond gaining simple knowledge about the sites that individuals visit, and instead analyse the content of websites visited. Deep-packed inspection, for example, has been reportedly employed by States confronted with recent popular uprisings in the Middle East and North Africa region.
- 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
- Humanitarian
- Year
- 2013
Paragraph
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 40
- Paragraph text
- Another tool used regularly by States today is social media monitoring. States have the capacity physically to monitor activities on social networking sites, blogs and media outlets to map connections and relationships, opinions and associations, and even locations. States can also apply highly sophisticated data mining technologies to publicly available information or to communications data provided by third party service providers. At a more basic level, States have also acquired technical means to obtain usernames and passwords from social networking sites such as Facebook.
- 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
- Year
- 2013
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 42
- Paragraph text
- The European Court of Justice, in Google Spain v. Mario Costeja González, compelled Google under the Data Protection Directive of the European Union to delist search results based on web pages that identified González, even though the original publication of those pages was itself not subject to takedown. The decision has found an active life outside the European context. The scope and implementation of this approach raise questions about the appropriate balance between the rights to privacy and protection of personal data on one hand, and the right to seek, receive and impart information containing such data on the other.
- 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
- Year
- 2016
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 74
- Paragraph text
- In New Zealand, a Government-funded programme, the Rural Broadband Initiative, aims to improve the availability of fibre backhaul links in less-urbanized parts of the country, as well as to provide country schools with reliable, high-speed connectivity.
- 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
- Education
- Year
- 2011
Paragraph
Hate speech and incitement to hatred 2012, para. 72
- Paragraph text
- All these factors have made the work of journalists as information providers increasingly challenging. If the media are to fulfil their primarily role of informing society, which is a crucial prerequisite in combating hate speech, a principled return to ethical journalism is urgently required. Moreover, it is essential that information regarding the media landscape of each country be made available publicly, including information on media ownership and sources of revenue.
- 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
- Year
- 2012
Paragraph
Hate speech and incitement to hatred 2012, para. 29
- Paragraph text
- In the Americas, there have been instances of incitement to racial and religious hatred and manifestations of religious intolerance. For example, in the Bolivarian Republic of Venezuela, there has been violence against members of the Catholic and Jewish communities, while in the United States, there have been instances of religious hatred or intolerance towards Islam, including plans by members of a Floridian church, the Dove World Outreach Center, to burn copies of the Koran.
- 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
- Social & Cultural Rights
- Year
- 2012
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 73
- Paragraph text
- Another example of national strategies is that of Brazil, where in early 2008 a "Broadband in Schools" programme was launched in Brazil through a partnership involving the federal Government, the regulator National Telecommunications Agency (ANATEL) and several telecommunications operators. The project aims to connect 56,865 state schools nationwide, which would then benefit 37.1 million pupils, or 84 per cent of the Brazilian student population.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2011
Paragraph