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The role of digital access providers 2017, para. 48
- Paragraph text
- The industry’s human rights impacts are frequently global, affecting users even in markets beyond those served by the company concerned. For example, surveillance of a single Internet exchange point in the United States may capture large streams of communications among Americans and foreigners, and even those entirely among foreigners. Similarly, security vulnerabilities in network design affect all users who rely on the compromised network for digital access, including users located far away from the network. Accordingly, companies should identify and address the broader implications of their activities for freedom of expression generally, in addition to their impacts on customers or rights holders in the markets they operate. To be sure, the manner in which they account for their impacts may vary according to their size, resources, ownership, structure and operating context (Ibid., principle 14). For example, all providers should vet user data requests for compliance with a minimum set of formalities, regardless of the origin of the request or the user affected. But while a multinational provider may have dedicated teams vetting requests, a small or medium-size provider may task its legal or public policy teams to perform the same function.
- 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
- Persons on the move
- Year
- 2017
Paragraph
Contemporary challenges to freedom of expression 2016, para. 46
- Paragraph text
- The right to freedom of opinion and expression must be respected "without distinction of any kind" (see article 2 (1) of the Covenant). Members of some groups, however, often face particular discrimination when it comes to the implementation of restrictions on expression. The Special Rapporteurs on the rights to freedom of peaceful assembly and of association, on the situation of human rights defenders and on the independence of judges and lawyers address issues pertaining to human rights defenders and non-governmental organizations (NGOs), often in collaboration with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. Given their focus and detailed reporting, I will not highlight here our shared concerns about restrictions imposed against NGOs, human rights defenders environmental activists, refugees and lawyers. Instead I will highlight several other groups whose expression is particularly subject to repression.
- 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
- Environment
- Person(s) affected
- Activists
- Persons on the move
- Year
- 2016
Paragraph
The protection of sources and whistle-blowers 2015, para. 59
- Paragraph text
- Basic protections are critical to an effective right to freedom of expression, accountability and democratic governance. Individual cases of disproportionate treatment and retaliation against sources and whistle-blowers have been in the public eye over recent years, relating to intelligence agencies, asylum programmes, public health, environmental protection, corruption in the business and financial sectors, international organizations and many other domains. The Special Rapporteur has avoided mentioning specific cases in the present report. Moving forward, the principles identified in the present report will be applied in communications with Governments and international organizations on specific cases. The Special Rapporteur looks forward to a dialogue with Governments to help to improve their legal frameworks and establish effective protection of sources and whistle-blowers.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
The right to access information 2013, para. 25
- Paragraph text
- The gravity and the scale of the practice of disappearances by the regimes that were in power in Latin America from the 1960s, and the subsequent struggle of family members and society in general to establish the fate of the victims and to ensure investigation into the facts and punishment of the perpetrators, was initially at the centre of the development of the right to truth. During those regimes, the justice systems of the countries in which such acts occurred were completely ineffective in carrying out investigations into the facts. Moreover, many of the countries concerned adopted amnesty laws that not only ensured impunity for the perpetrators but, in effect, also impeded investigations by the justice systems.
- 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
- Violence
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
The right to access information 2013, para. 40
- Paragraph text
- In the context of human rights violations, and especially in cases of serious violations, the rights of victims and their families to access information can have several aspects. First, gaining access to information regarding the circumstances surrounding a human rights violation is usually essential in order to give effect to other rights, such as due process, guarantees to a fair trial and the right to a remedy. Moreover, clarifying what occurred is in itself one of the elements of reparations for victims and family members. Lastly, in cases of violations such as disappearances, the violation is continuing and ceases only once family members are able to ascertain the facts and determine the fate of the disappeared person. The refusal of the State to provide information, or the provision by it of false information, constitutes an additional violation because it prolongs and deepens the anguish, in addition to the moral and emotional pain.
- 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
- Movement
- Person(s) affected
- Families
- Persons on the move
- 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. 20
- Paragraph text
- At both the international and regional levels, privacy is also unequivocally recognized as a fundamental human right. The right to privacy is enshrined by the Universal Declaration of Human Rights (art. 12), the International Covenant on Civil and Political Rights (ICCPR, art. 17), the Convention on the Rights of the Child (art. 16), and the International Convention on the Protection of All Migrant Workers and Members of Their Families (art. 14). At the regional level, the right to privacy is protected by the European Convention on Human Rights (art. 8) and the American Convention on Human Rights (art. 11).
- 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
- Families
- Persons on the move
- Year
- 2013
Paragraph
Hate speech and incitement to hatred 2012, para. 73
- Paragraph text
- Pluralism and diversity of views and opinions in mainstream media is another crucial element in ensuring equal participation in public debate by all communities in multicultural societies and in enabling their narratives and perspectives to become part of national debates. In Argentina, for example, part of the radio frequency spectrum is reserved for community media, so as to ensure access to the media for all. Training sessions and workshops for journalists on issues relating to diversity, including on how to build trust with underrepresented communities, can also significantly improve the quality of reporting and the portrayal of specific communities, such as migrants, who are often presented negatively as a security or economic problem. In addition to diversity in content and perspectives, pluralism in the media also requires diversity in the workforce of media professionals.
- 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
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
Hate speech and incitement to hatred 2012, para. 24
- Paragraph text
- With the increasing speed at which news and information circulate around the world through the mass media and the Internet, manifestations of hate speech have become increasingly visible. Moreover, in the context of rising immigration flows and population movements, declining domestic economies and the emergence of terrorism as a crucial political challenge, there has been a growing tendency to stigmatize specific groups and communities. This has been compounded by flawed national security and anti-terrorism laws and policies, such as racial profiling, demagogic statements by opportunistic politicians and irresponsible reporting by the mass media.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
Protection of journalists and media freedom 2012, para. 102
- Paragraph text
- Necessary resources must be dedicated to preventing and investigating attacks, or bringing those responsible to justice. Special measures should be put in place to deal with attacks and to support journalists who are displaced by attacks.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Person(s) affected
- Persons on the move
- 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. 51
- Paragraph text
- The Special Rapporteur underscores that the needs of persons with disabilities should be taken into account when designing and implementing Internet infrastructure at all levels. This can be in relation to distribution, user facilities as well as access devices. Some positive examples include the "Community Access" programme in Canada, which seeks to provide an appropriate number of sites with enhanced accessibility to meet the broad range of needs of persons with disabilities. The programme also aims to provide Internet access to less likely users, such as individuals with low incomes, rural or Aboriginal population, the elderly and immigrants.
- 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
- Persons on the move
- Persons with disabilities
- Year
- 2011
Paragraph
Protection of journalists and press freedom 2010, para. 31
- Paragraph text
- The Special Rapporteur would like to draw attention to the difficulties faced by journalists who are forced to leave their countries of origin, as less than a third of exiled journalists are able to continue to work in their profession. They also encounter challenges as they attempt to establish a new legal status and adjust to different languages and cultures. The recipient States have an obligation to grant refugee status to journalists who meet the criteria stipulated in article 1A of the 1951 Convention relating to the Status of Refugees, not to expel or return them to the frontiers of territories where their life or freedom would be threatened, and to ensure that journalists in exile enjoy their rights. However, the Special Rapporteur would like to stress the obligation of all States to guarantee the protection of journalists in their own countries in the first place.
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 63
- Paragraph text
- In accordance with general comment No. 23 of the Human Rights Committee on the rights of minorities (article 27 of the Covenant), the Special Rapporteur recalls that even when individuals are not citizens of the State where they live or happen to be, "a State party is required […] to ensure that the rights protected under the Covenant are available to all individuals within its territory and subject to its jurisdiction" (para. 5.1). The Special Rapporteur also reiterates that migrants and migrant communities, regardless of their legal migratory status, are fully entitled to exercise freedom of expression.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 30
- Paragraph text
- Journalists, confronted with attacks, threats and possible imprisonment, are often forced to flee their home countries to avoid risking their lives. Since 2001, more than 500 journalists have reportedly fled their countries of origin, and 454 remained in exile as at June 2010. At least 85 journalists fled their home countries between 1 June 2009 and 31 May 2010, double the number recorded in the previous year. In addition, at least 29 editors, reporters and photographers have fled the Islamic Republic of Iran since June 2009, the highest annual tally from a single country in a decade. Moreover, the exile rate of journalists fleeing Africa has allegedly tripled over the past year, with at least 42 journalists, most of them from Ethiopia and Somalia, fleeing their homes.
- 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
- Movement
- Person(s) affected
- Activists
- Persons on the move
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 41
- Paragraph text
- In this context, the right to freedom of expression gains added value when it is used to protect groups or minorities in need of particular attention, such as women, children, those living in extreme poverty, minorities, indigenous peoples and migrant populations.
- 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
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2010
Paragraph
14 shown of 14 entities