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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. 15b
- Paragraph text
- [Hence, the types of information or expression that may be restricted under international human rights law in relation to offline content also apply to online content. Similarly, any restriction applied to the right to freedom of expression exercised through the Internet must also comply with international human rights law, including the following three-part, cumulative criteria:] Any restriction must pursue one of the legitimate grounds for restriction set out in article 19, paragraph 3, of the International Covenant, namely (i) respect of the rights or reputation of others; or (ii) the protection of national security or of public order, or of public health or morals;
- 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
- Health
- Person(s) affected
- All
- Year
- 2011
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. 15c
- Paragraph text
- [Hence, the types of information or expression that may be restricted under international human rights law in relation to offline content also apply to online content. Similarly, any restriction applied to the right to freedom of expression exercised through the Internet must also comply with international human rights law, including the following three-part, cumulative criteria:] Any restriction must be proven as necessary and proportionate, or the least restrictive means to achieve one of the specified goals listed above.
- 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
- Person(s) affected
- All
- Year
- 2011
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 21
- Paragraph text
- By explicitly providing that everyone has the right to express him or herself through any media, the Special Rapporteur underscores that article 19 of the Universal Declaration of Human Rights and the Covenant was drafted with foresight to include and to accommodate future technological developments through which individuals can exercise their right to freedom of expression. Hence, the framework of international human rights law remains relevant today and equally applicable to new communication technologies such as the Internet.
- 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
- All
- Year
- 2011
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 22
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- The right to freedom of opinion and expression is as much a fundamental right on its own accord as it is an "enabler" of other rights, including economic, social and cultural rights, such as the right to education and the right to take part in cultural life and to enjoy the benefits of scientific progress and its applications, as well as civil and political rights, such as the rights to freedom of association and assembly. Thus, by acting as a catalyst for individuals to exercise their right to freedom of opinion and expression, the Internet also facilitates the realization of a range of other 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)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 23
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- The vast potential and benefits of the Internet are rooted in its unique characteristics, such as its speed, worldwide reach and relative anonymity. At the same time, these distinctive features of the Internet that enable individuals to disseminate information in "real time" and to mobilize people has also created fear amongst Governments and the powerful. This has led to increased restrictions on the Internet through the use of increasingly sophisticated technologies to block content, monitor and identify activists and critics, criminalization of legitimate expression, and adoption of restrictive legislation to justify such measures. In this regard, the Special Rapporteur also emphasizes that the existing international human rights standards, in particular article 19, paragraph 3, of the International Covenant on Civil and Political Rights, remain pertinent in determining the types of restrictions that are in breach of States' obligations to guarantee the right to freedom of 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)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 24a
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- [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. 84
- Paragraph text
- He also calls upon States to ensure that individuals can express themselves anonymously online and to refrain from adopting real-name registration systems. Under certain exceptional situations where States may limit the right to privacy for the purposes of administration of criminal justice or prevention of crime, the Special Rapporteur underscores that such measures must be in compliance with the international human rights framework, with adequate safeguards against abuse. This includes ensuring that any measure to limit the right to privacy is taken on the basis of a specific decision by a State authority expressly empowered by law to do so, and must respect the principles of necessity and proportionality.
- 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
- All
- Year
- 2011
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 85
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- Given that the Internet has become an indispensable tool for realizing a range of human rights, combating inequality, and accelerating development and human progress, ensuring universal access to the Internet should be a priority for all States. Each State should thus develop a concrete and effective policy, in consultation with individuals from all sections of society, including the private sector and relevant Government ministries, to make the Internet widely available, accessible and affordable to all segments of population.
- 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
- All
- Year
- 2011
Paragraph
Hate speech and incitement to hatred 2012, para. 68
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- A third set of measures concerns data collection and analysis, in addition to more targeted research, in relation to freedom of expression and hate speech. This includes various forms of hate speech, the main perpetrators, where and under what circumstances hate speech occurs, who the messages reach and through which avenues, whether and which media outlets contest such messages, and in which cases and under what circumstances hate speech actually constitutes incitement in a manner that links content with action. In most countries, comprehensive data on such areas are glaringly absent. Consequently, policies and legislation are frequently based on perception. Systematic disaggregated data collection and analysis, using human-rights-sensitive methodologies, enable a better understanding of problems in a given country, the creation of better-targeted policies and the possibility of evaluation. For example, the aforementioned Living History Forum in Sweden carries out periodic attitude surveys to ensure that its efforts are focused where they are most needed. Data collection and analysis can also help to establish early warning mechanisms and aid in the effective enforcement of the law. International cooperation in these areas could help to increase not only comparability of data but also knowledge about the nature of hate speech that transcends boundaries. A clear distinction between expression that constitutes incitement, hate speech and merely offensive speech should be at the core of any such data-collection and analysis exercise.
- 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
- All
- Year
- 2012
Paragraph
Hate speech and incitement to hatred 2012, para. 37
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- In particular, the rights of others are undermined when deep-rooted hatred is manifested and expressed under certain circumstances. International human rights law therefore recognizes that the right to freedom of expression can indeed be restricted where it presents a serious danger for others and for their enjoyment of human rights. Indeed, article 19 (3) of the International Covenant on Civil and Political Rights stipulates that the exercise of the right to freedom of expression carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but only such as are provided by law and are necessary for respect of the rights or reputations of others and for the protection of national security or of public order (ordre public), or of public health or morals.
- 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
- Health
- Person(s) affected
- All
- Year
- 2012
Paragraph
Protection of journalists and media freedom 2012, para. 64
- Paragraph text
- The Special Rapporteur reiterates that the right to freedom of expression should be fully guaranteed online, as with offline content. If there is any limitation to the enjoyment of this right exercised through the Internet, it must also conform to the criteria listed in article 19, paragraph 3, of the International Covenant on Civil and Political Rights. This means that any restriction imposed as an exceptional measure must (i) be provided by law, which is clear and accessible to everyone; (ii) pursue one of the legitimate purposes set out in article 19, paragraph 3, of the Covenant; and (iii) be proven as necessary and the least restrictive means required to achieve the purported aim.
- 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
- Year
- 2012
Paragraph
The right to access information 2013, para. 19
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- The right to access information has many aspects. It encompasses both the general right of the public to have access to information of public interest from a variety of sources and the right of the media to access information, in addition to the right of individuals to request and receive information of public interest and information concerning themselves that may affect their individual rights. As noted previously, the right to freedom of opinion and expression is an enabler of other rights (A/HRC/17/27, para. 22) and access to information is often essential for individuals seeking to give effect to other 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
- All
- Year
- 2013
Paragraph
The right to access information 2013, para. 104
- Paragraph text
- The adoption of national norms should be followed by concerted efforts to enhance the technical capacity of State institutions to manage and disseminate information. Moreover, public officials must be trained and have their awareness raised in order to fulfil their responsibilities regarding the adequate maintenance of records and dissemination of information. Further efforts are also necessary to raise public awareness of the right to access information and the existing mechanisms to exercise 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
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
The right of the child to freedom of expression 2014, para. 9
- Paragraph text
- Freedom of expression is enshrined in all international and regional human rights instruments on civil and political rights. In article 19 of the International Covenant on Civil and Political Rights, it is recognized that everyone has the right to freedom of expression, which includes the right to seek, receive and impart information and ideas of all kinds regardless of frontiers. All forms of expression and the means of their dissemination are protected under that article (see para. 2). This right includes the expression and receipt of communications of every kind of idea and opinion that can be transmitted to others, subject to the limitations set out in articles 19, paragraph 3, and 20 of the Covenant.
- 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
- Year
- 2014
Paragraph
The right to freedom of opinion and expression in electoral contexts 2014, para. 18
- Paragraph text
- The right to freedom of opinion and expression, as articulated in articles 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, is fundamentally interrelated with article 25 of the Covenant, on the right to participation in government through free and fair elections. During electoral processes and in the context of political communication, the equal and unimpeded exchange of contrasting ideas is a crucial prerequisite to ensuring that the voting public can make informed choices and is thus a basic pillar of any democratic system. In the absence of protections to ensure the freedom to express, communicate, publish and discuss political and electoral issues, genuine and effective political participation cannot be realized.
- 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
- Year
- 2014
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. 42
- Paragraph text
- The communications data collected by third party service providers, including large Internet companies, can be used by the State to compose an extensive profile of concerned individuals. When accessed and analysed, even seemingly innocuous transactional records about communications can collectively create a profile of individual's private life, including medical conditions, political and religious viewpoints and/or affiliation, interactions and interests, disclosing as much detail as, or even greater detail than would be discernible from the content of communications alone. By combining information about relationships, location, identity and activity, States are able to track the movement of individuals and their activities across a range of different areas, from where they travel to where they study, what they read or whom they interact with.
- 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
- All
- Year
- 2013
Paragraph
The right to freedom of opinion and expression in electoral contexts 2014, para. 30
- Paragraph text
- United Nations human rights mechanisms have also considered the permissible limitations upon speech in the context of electoral processes. The Committee on the Elimination of Racial Discrimination has noted that "the fundamental right to freedom of expression does not protect the dissemination of ideas of racial superiority or incitement to racial hatred". In a recent review, the Committee underlined that the fundamental right of freedom of expression should not subtract from the principles of equality and non-discrimination as the exercise of the right to freedom of expression carries with it special responsibilities, among which is the obligation not to disseminate ideas on racial superiority or hatred.
- 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
- All
- Year
- 2014
Paragraph
The right to freedom of opinion and expression in electoral contexts 2014, para. 61
- Paragraph text
- Critically, any regulatory framework pertaining to electoral processes must have as a key objective the achievement of transparency in all facets of political life and discourse. A transparent political process is open to scrutiny by the voters and the media, and enables all players in the process to be held accountable, from political candidates, to public broadcasters, to the electoral authorities. This is the most effective means of ensuring that opinions and ideas can be freely and fully expressed, communicated, debated and promoted during electoral processes.
- 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
- Year
- 2014
Paragraph
The right to freedom of opinion and expression in electoral contexts 2014, para. 66
- Paragraph text
- An essential area of transparency during electoral processes relates to the ownership of, and influence exerted over, the media. The increasing consolidation of media outlets in the hands of fewer and fewer companies is of serious concern in the context of political communication. Given the critical public service role played by the media, this monopolization undermines diversity of opinion, raises the risk that information will be controlled or censored, and creates opportunities for bribery, manipulation or exploitation by powerful political or social groups. Furthermore, with increasing frequency, national media sources are, in part or in full, foreign owned. While foreign ownership of media outlets does not in itself undermine the ability of media sources to promote freedom of opinion and expression, it obfuscates the influence structures and may create mistrust in the voting public.
- 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
- Year
- 2014
Paragraph
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 57
- Paragraph text
- States should revise or establish, as appropriate, national laws and regulations to promote and protect the rights to privacy and freedom of opinion and expression. With respect to encryption and anonymity, States should adopt policies of non-restriction or comprehensive protection, only adopt restrictions on a case-specific basis and that meet the requirements of legality, necessity, proportionality and legitimacy in objective, require court orders for any specific limitation, and promote security and privacy online through public education.
- 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
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Contemporary challenges to freedom of expression 2016, para. 6
- Paragraph text
- In paragraph 10 of its general comment No. 34 (2011) on article 19: Freedoms of opinion and expression, the Human Rights Committee explained that any form of effort to coerce the holding or not holding of any opinion is prohibited. No one may be penalized, harassed, intimidated or stigmatized for holding an opinion. The right to hold opinions in a digital age is often subject to interference. For example, work product, journals and diaries stored on laptops and in the cloud are increasingly subject to attack (see A/HRC/29/32, paras. 19-21). Communications include allegations that individuals may be harassed at least in part because of their membership in an organization. Such harassment may amount to impermissible interference with opinion under article 19 (1), in addition to interference with the right to freedom of association under article 22 of the Covenant.
- 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
- Person(s) affected
- All
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 7
- Paragraph text
- In contrast to the unconditional prohibition of interference with opinion, article 19 (3) of the Covenant imposes three requirements according to which States may restrict the exercise of freedom of expression. Those conditions are to be implemented narrowly (see Human Rights Committee, general comment No. 34, paras. 21-36). Article 19 (3) provides that the exercise of the right to freedom of expression involves special duties and responsibilities and may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) for respect of the rights or reputations of others; and (b) for the protection of national security or of public order (ordre public), or of public health or morals. Article 20 of the Covenant also provides for the prohibition of propaganda for war and any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.
- 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
- All
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 35
- Paragraph text
- The tools used to criminalize criticism are also applied against those who practise journalism, that is, the regular gathering of information, with or without formal training, accreditation or other government acknowledgement, with the intent to disseminate one's findings in any form. The attacks on reporting cross many themes in the present report. Nonetheless, it is important to emphasize that attacks on journalism are fundamentally at odds with protection of freedom of expression and access to information and, as such, they should be highlighted independently of any other rationale for restriction. Governments have a responsibility not only to respect journalism but also to ensure that journalists and their sources have protection through strong laws, prosecutions of perpetrators and ample security where necessary.
- 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
- Year
- 2016
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 85
- Paragraph text
- States bear a primary responsibility to protect and respect the right to exercise freedom of opinion and expression. In the information and communication technology context, this means that States must not require or otherwise pressure the private sector to take steps that unnecessarily or disproportionately interfere with freedom of expression, whether through laws, policies, or extralegal means. Any demands, requests and other measures to take down digital content or access customer information must be based on validly enacted law, subject to external and independent oversight, and demonstrate a necessary and proportionate means of achieving one or more aims under article 19 (3) of the International Covenant on Civil and Political Rights. Particularly in the context of regulating the private sector, State laws and policies must be transparently adopted and implemented.
- 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
- 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
Hate speech and incitement to hatred 2012, para. 60
- Paragraph text
- Lastly, in several instances, it has been found that legislators and judges are unaware of international human rights treaties and the nature of State obligations, including article 20 of the Covenant. Where such lacunae exist, it is important to review the legal education system to redress the situation, including by providing training for judges on the thresholds of incitement to hatred. Law enforcement officers may also benefit from such initiatives.
- 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)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2012
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 24
- Paragraph text
- E-commerce facilitates the sale of goods and services and other commercial transactions among businesses and consumers, businesses and other businesses, or consumers and other consumers. The ways in which companies provide access to, promote, or arrange these transactions, and safeguard the wealth of personal information generated by these transactions, may implicate the freedom of expression and privacy of their customers.
- 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
- Person(s) affected
- All
- Year
- 2016
Paragraph
Hate speech and incitement to hatred 2012, para. 90
- Paragraph text
- The Special Rapporteur also calls upon media professionals to abide by high ethical and professional standards of journalism to fulfil their role of informing society with accurate facts. He therefore encourages media professionals and media outlets to adopt and adhere to voluntary codes of ethics and professionalism and to establish self-regulatory bodies.
- 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
- All
- Year
- 2012
Paragraph
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 40
- Paragraph text
- Outright prohibitions on the individual use of encryption technology disproportionately restrict the freedom of expression, because they deprive all online users in a particular jurisdiction of the right to carve out private space for opinion and expression, without any particular claim of the use of encryption for unlawful ends.
- 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
- Person(s) affected
- All
- Year
- 2015
Paragraph
Contemporary challenges to freedom of expression 2016, para. 28
- Paragraph text
- To be sure, States enjoy legitimate interests apart from those identified in article 19 (3), such as those economic, diplomatic and political. Human rights law does not preclude States from pursuing such objectives. Article 19 merely provides that pursuit of those other objectives must involve measures that do not restrict the exercise of freedom of opinion and 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)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph