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The right to freedom of opinion and expression exercised through the Internet 2011, para. 24a
- Paragraph text
- [As set out in article 19, paragraph 3, of the Covenant, there are certain exceptional types of expression which may be legitimately restricted under international human rights law, essentially to safeguard the rights of others. This issue has been examined in the previous annual report of the Special Rapporteur. However, the Special Rapporteur deems it appropriate to reiterate that any limitation to the right to freedom of expression must pass the following three-part, cumulative test:] It must be provided by law, which is clear and accessible to everyone (principles of predictability and transparency); and
- 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
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 64
- Paragraph text
- At the national level, the Special Rapporteur notes that a number of initiatives have also been taken by States to address the digital divide. In India, Common Service Centres, or public "e-Kiosks", have been established by the Government in collaboration with the private sector as part of the National E-Governance Plan of 2006. As of January 2011, over 87,000 centres have reportedly been established, although the Special Rapporteur notes that the majority of the country's population still remains without Internet access. In Brazil, the Government has launched a "computers for all" programme which offers subsidies for purchasing computers. Additionally, over 100,000 publicly sponsored Internet access centres, known as "Local Area Network (LAN) Houses" with fast broadband Internet connections, have been established. Such public access points are particularly important to facilitate access for the poorest socio-economic groups, as they often do not have their own personal computers at home.
- 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
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 77
- Paragraph text
- The Special Rapporteur commends the work undertaken by organizations and individuals to reveal the worldwide status of online impediments to the right to freedom of expression. He encourages intermediaries in particular to disclose details regarding content removal requests and accessibility of websites. Additionally, he recommends corporations to establish clear and unambiguous terms of service in line with international human rights norms and principles and to continuously review the impact of their services and technologies on the right to freedom of expression of their users, as well as on the potential pitfalls involved when they are misused. The Special Rapporteur believes that such transparency will help promote greater accountability and respect for human rights.
- 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
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 81
- Paragraph text
- When a cyber-attack can be attributed to the State, it clearly constitutes, inter alia, a violation of its obligation to respect the right to freedom of opinion and expression. Although determining the origin of cyber-attacks and the identity of the perpetrator is often technically difficult, it should be noted that States have an obligation to protect individuals against interference by third parties that undermines the enjoyment of the right to freedom of opinion and expression. This positive obligation to protect entails that States must take appropriate and effective measures to investigate actions taken by third parties, hold the persons responsible to account, and adopt measures to prevent such recurrence in the future.
- 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
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 45
- Paragraph text
- While States are the duty-bearers for human rights, private actors and business enterprises also have a responsibility to respect human rights. In this regard, the Special Rapporteur highlights the framework of "Protect, Respect and Remedy" which has been developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The framework rests on three pillars: (a) the duty of the State to protect against human rights abuses by third parties, including business enterprises, through appropriate policies, regulation and adjudication; (b) the corporate responsibility to respect human rights, which means that business enterprises should act with due diligence to avoid infringing the rights of others and to address adverse impacts with which they are involved; and (c) the need for greater access by victims to effective remedy, both judicial and non-judicial.
- 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
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
The right to access information 2013, para. 97
- Paragraph text
- The Special Rapporteur calls upon States to implement the measures set out below.
- 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
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- 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. 18
- Paragraph text
- Human rights mechanisms have been equally slow to assess the human rights implications of the Internet and new technologies on communications surveillance and access to communications data. The consequences of expanding States' surveillance powers and practices for the rights to privacy and freedom of opinion and expression, and the interdependence of those two rights, have yet to be comprehensively considered by the Human Rights Council, special procedures mandate holders or human rights treaty bodies. This report seeks to rectify this.
- 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
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The right to access information 2013, para. 66a
- Paragraph text
- [The Special Rapporteur wishes to highlight the importance of the references made to the disclosure of information on violations of human rights and humanitarian law, stipulated in section A of principle 10 of the Tshwane Principles, namely:] There is an overriding public interest in disclosure of information regarding gross violations of human rights or serious violations of international humanitarian law, including crimes under international law, and systematic or widespread violations of the rights to personal liberty and security. Such information may not be withheld on national security grounds in any circumstances;
- 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
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
The right to access information 2013, para. 67
- Paragraph text
- In the context of access to information on violations of human rights, the references made in the Tshwane Principles to public interest disclosures (part VI) and limits on measures to sanction or restrain the disclosure of information to the public (part VII) are of particular relevance. Among various recommendations, it is proposed that national law should protect from retaliation public personnel who make disclosures of information showing wrongdoing (such as human rights violations), regardless of whether the information is classified or otherwise confidential. It is further suggested that public bodies establish internal procedures and designate specific persons to receive protected disclosures.
- 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
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The right to access information 2013, para. 68
- Paragraph text
- Information on human rights violations involving the activities of national security and intelligence bodies that operate under strict secrecy procedures are often only disclosed by those working within these entities (see A/HRC/10/3). In this regard, the Special Rapporteur has recalled the importance of ensuring the protection of whistle-blowers, that is, persons with a connection to the State who, having a legal obligation to ensure confidentiality, disclose to the public information that they reasonably consider to reveal human rights violations. The Special Rapporteur has indicated that a whistle-blower should not be subjected to legal, administrative or disciplinary sanctions as long as he or she has acted in good faith, pursuant to international standards on the subject. In fact, every person who is involved in or witnesses a human rights violation should assume the moral responsibility to denounce it.
- 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
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The right to access information 2013, para. 26
- Paragraph text
- In an attempt to address this issue, in particular since the 1980s, numerous countries have created inquiry commissions, more commonly known as truth commissions, to, in most cases, carry out investigations, make public their findings and provide recommendations regarding reparations and reconciliation. These commissions have largely reported on both the general circumstances leading to and surrounding human rights violations and individual cases. Such commissions were first established in Latin America following the collapse of military regimes and/or the end of armed conflicts that had given rise to large-scale, serious and systematic human rights violations, such as extrajudicial executions, disappearances and even genocide.
- 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
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- 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. 54
- Paragraph text
- Whereas traditionally communications surveillance was required to be authorized by the judiciary, increasingly this requirement is being weakened or removed. In some countries, interception of communications can be authorized by a governmental minister, their delegate, or a committee. In the United Kingdom, for example, interception of communications is authorized by the Secretary of State; in Zimbabwe, interception of communications is authorized by the Minister for Transport and Communication. Progressively, communications surveillance can also be authorized on a broad and indiscriminate basis, without the need for law enforcement authorities to establish the factual basis for the surveillance on a case-by-case basis.
- 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
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The right to freedom of opinion and expression in electoral contexts 2014, para. 73
- Paragraph text
- Concerns about the possible manipulation of opinion polls to influence electoral processes lead some States to restrict the dissemination of poll results for short periods leading up to an election; in general the period ranges from 24 to 36 hours. This restriction is sometimes justified by the limited capacity for verification of the methodology used by the polling agency before the election takes place. In order to ensure transparency and avoid the misuse of opinion polls, some countries have adopted requirements on the public disclosure of the methodology implemented in opinion polling exercises.
- 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
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
The protection of sources and whistle-blowers 2015, para. 45
- Paragraph text
- All of the principles identified above should apply in the context of national security, modified as appropriate according to the principles below. Full coverage means that no institution should be accorded such a wide measure of discretion as to eliminate the protections themselves. National security institutions enjoy secrecy as a norm of behaviour. Moreover, non-disclosure is often buttressed by a network of secrecy and espionage laws - often with harsh criminal penalties - that all but eliminate genuine whistle-blower protection, in particular by removing the whistle-blower's ability to advocate on the basis of the public's interest in the disclosed information. In those situations, States should rationalize their laws so that whistle-blower protections, and the public interest basis for them, apply regardless of the institution involved.
- 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
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 63
- Paragraph text
- The use of encryption and anonymity tools and better digital literacy should be encouraged. The Special Rapporteur, recognizing that the value of encryption and anonymity tools depends on their widespread adoption, encourages States, civil society organizations and corporations to engage in a campaign to bring encryption by design and default to users around the world and, where necessary, to ensure that users at risk be provided the tools to exercise their right to freedom of opinion and expression securely.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 74
- Paragraph text
- Governments increasingly require private entities providing telecommunications and Internet service to comply with censorship demands. In addition to network filtering practices, States compel or pressure companies to shut down networks or block entire services. This trend requires further documentation and scrutiny. Future work will examine laws, policies and extralegal measures that enable Governments to undertake such restrictions, and the costs and consequences of such restrictions. The Special Rapporteur will also examine the responsibilities of companies to respond to such measures in a way that respects rights, mitigates harm and provides avenues for redress where abuses occur.
- 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
- Topic(s)
- 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. 75
- Paragraph text
- Private actors face substantial pressures from Governments and individuals to restrict expression deemed to constitute extremism or hatred, hostility or harassment. Private actors may also themselves aim to foster what they perceive to be civil discourse on their platforms, regulate access through real-name requirements and other registration policies, or feature or prioritize certain content for business reasons. Future work will evaluate the potential of State abuse of private initiatives, the impact of private measures on freedom of expression, and the relevant human rights obligations and responsibilities. This reporting will not only focus on the roles of social media and search engines, but also lesser known actors such as e-commerce and financial intermediaries.
- 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
- 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. 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);
- 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
- 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;
- 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
- 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. 46
- Paragraph text
- States often block and filter content with the assistance of the private sector. Internet service providers may block access to specific keywords, web pages or entire websites. On platforms that host content, the type of filtering technique depends on the nature of the platform and the content in question. Domain name registrars may refuse to register those that match a government blacklist; social media companies may remove postings or suspend accounts; search engines may take down search results that link to illegal content. The method of restriction required by Governments or employed by companies can raise both necessity and proportionality concerns, depending on the validity of the rationale cited for the removal and the risk of removal of legal or protected expression.
- 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
- Topic(s)
- 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. 27
- Paragraph text
- Technical standards and processes ensure that the infrastructure, networks and applications that comprise Internet and telecommunication networks operate seamlessly. The physical infrastructure on which Internet traffic flows, such as network cables and satellites, are set up and run according to various technical requirements that ensure their smooth functioning. Organizations that develop such requirements include the International Telecommunication Union, which sets standards for the interoperability of telecommunication networks; the Institute of Electrical and Electronic Engineers, a professional association which develops standards for Wi-Fi transmission; and the Groupe Speciale Mobile Association, a private international association of the mobile industry which develops standards for mobile networks.
- 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
- Topic(s)
- 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. 66
- Paragraph text
- Ongoing debate about the minimum standards for corporate disclosures and relevant best practices reflects uncertainty about the appropriate balance between transparency and competing values, such as individual security and trade secrecy. While there is growing consensus that corporations should disclose information about how restrictions are interpreted and enforced, there is less agreement about how this should be done. Similarly, there is widespread agreement about the importance of quantitative transparency, but it is less clear how such information should be contextualized, presented and made accessible.
- 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
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2016
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. 83b
- Paragraph text
- [Legal frameworks must ensure that communications surveillance measures:] Are strictly and demonstrably necessary to achieve a legitimate aim; and
- 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
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 10
- Paragraph text
- A key feature of the digital age is that technology changes incessantly to sate user demands. Although the present report refers to contemporary technologies that facilitate encryption and anonymity, its analysis and conclusions apply generally to the concepts behind the current technologies and should be applicable as new technologies replace the old.
- 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
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 67
- Paragraph text
- Restrictions on freedom of expression online occur on a daily basis and frequently involve corporate conduct, whether compelled by law or pursuant to corporate policy and practice (for example, as reflected in terms of service). Common examples of such restrictions include unlawful or otherwise questionable content removals, service restrictions and account suspensions, and data security breaches.
- 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
- 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. 81
- Paragraph text
- Throughout this future work, the Special Rapporteur will pay particular attention to legal developments (legislative, regulatory, and judicial) at national and regional levels. In this context, he alerts all stakeholders to his interest in gathering such materials for future communications and reporting and encourages interested parties to collect and provide such material throughout the course of this work.
- 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
- 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. 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.
- 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
- 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. 19
- Paragraph text
- Internet addresses (that is, uniform resource locators (URLs)) are allocated and sold by domain name registries and registrars, under the supervision of the Internet Corporation for Assigned Names and Numbers (ICANN), a non-profit entity. Currently, the world's largest registrar hosts more than 61 million domain names.
- 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
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
The right to freedom of opinion and expression in electoral contexts 2014, para. 80
- Paragraph text
- In conclusion, the Special Rapporteur provides the following recommendations.
- 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
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 73
- Paragraph text
- Among the Special Rapporteur's priorities for thematic study and guidance are the following:
- 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
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph