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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;
- 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.
- 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.
- 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
- Paragraph text
- 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.
- 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
- Paragraph text
- 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.
- 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
- 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
- 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. 78
- Paragraph text
- While blocking and filtering measures deny users access to specific content on the Internet, States have also taken measures to cut off access to the Internet entirely. The Special Rapporteur considers cutting off users from Internet access, regardless of the justification provided, including on the grounds of violating intellectual property rights law, to be disproportionate and thus a violation of article 19, paragraph 3, of the International Covenant on Civil and Political Rights.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- 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. 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.
- 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. 83
- Paragraph text
- The Special Rapporteur underscores the obligation of States to adopt effective privacy and data protection laws in accordance with article 17 of the International Covenant on Civil and Political Rights and the Human Rights Committee's general comment No. 16. This includes laws that clearly guarantee the right of all individuals to ascertain in an intelligible form whether, and if so what, personal data is stored in automatic data files, and for what purposes, and which public authorities or private individuals or bodies control or may control their files.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- 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.
- 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
- Paragraph text
- 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.
- 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
- Paragraph text
- 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.
- 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
- Paragraph text
- 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.
- 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.
- 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. 45
- Paragraph text
- In its considerations, the Court has emphasized that the State must demonstrate a certain amount of due diligence in searching and providing information. For example, it was of the view that the State could not seek protection in arguing the lack of existence of the requested documents but, to the contrary, must establish the reason for denying the provision of the said information, demonstrating that it had adopted all the measures within its power to prove that, in effect, the information sought did not exist. Furthermore, the Court deemed it essential that, in order to guarantee the right to information, the public powers should act in good faith and diligently carry out the actions necessary to ensure the effectiveness of that right, especially when it dealt with the right to the truth of what had occurred in cases of gross violations of human rights, such as those of enforced disappearances and extrajudicial execution in the case under consideration.
- 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
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
The right to access information 2013, para. 46
- Paragraph text
- The Court has also considered judicial proceedings to be essential to the right to know the truth, holding that States may establish truth commissions, which contribute to the creation and preservation of historical memory, elucidation of the facts and the determination of institutional, social and political responsibilities during certain historical periods in society. Nevertheless, the Court considers that this does not complete, or substitute for, the State's obligation to establish the truth through judicial proceedings; hence, the State has the obligation to open and expedite criminal investigations in order to determine the corresponding responsibilities.
- 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
The right to access information 2013, para. 19
- Paragraph text
- 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.
- 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. 103
- Paragraph text
- States should, in particular, consider the appointment of a focal point, such as an information commissioner, to assist in the implementation of national norms on access to information or the creation of a State institution responsible for access to information. Such mechanisms could be mandated to process requests for information, assist applicants, ensure the proactive dissemination of information by public bodies, monitor compliance with the law and present recommendations to ensure adherence to the right to access information.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- 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.
- 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. 106
- Paragraph text
- Information regarding gross violations of human rights must not be withheld on national security grounds. When limitations are deemed absolutely necessary, the State has the burden of proof in demonstrating that the exceptions are compatible with international human rights law. Information regarding other violations of human rights must be subject to a high presumption of disclosure and, in any event, may not be withheld on national security grounds in a manner that would prevent accountability, or deprive a victim of access to an effective remedy. The Tshwane Principles are an important instrument for guiding efforts to revise norms and practices aimed at promoting secrecy on national security grounds.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- 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;
- 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. 66b
- 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:] Information regarding other violations of human rights or humanitarian law is subject to a high presumption of disclosure, and in any event may not be withheld on national security grounds in a manner that would prevent accountability for the violations or deprive a victim of access to an effective remedy;
- 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
- Year
- 2013
Paragraph
The right to access information 2013, para. 66c
- 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:] When a State is undergoing a process of transitional justice, during which the State is especially required to ensure truth, justice, reparation and guarantees of non-recurrence, there is an overriding public interest in disclosure to society as a whole of information regarding human rights violations committed under the past regime. A successor government should immediately protect and preserve the integrity of, and release without delay, any records that contain such information that were concealed by a prior government.
- 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
- Year
- 2013
Paragraph
The right to access information 2013, para. 30
- Paragraph text
- In this context, the pursuit of judicial investigations into human rights violations is a core responsibility of the State and a major starting point for the realization of the right to truth. The judicial investigation of individual cases is not sufficient in itself, however; the right to truth implies not only the clarification of the immediate circumstances of particular violations, but also the clarification of the general context, the policies and the institutional failures and decisions that enabled their occurrence. Beyond this, the realization of the right to truth may require the dissemination of information on violations in order to restore confidence in State institutions and ensure non-repetition.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
The right to access information 2013, para. 85
- Paragraph text
- The review of national experiences also demonstrates important positive elements in existing laws and practices. It is clear that provisions establishing objective procedural guarantees which detail the processes required to request and obtain information, in addition to the responsibilities of public bodies in these processes, are a central element for the successful implementation of national norms. The establishment of a broad scope for the right to access to information in national laws is central to the success of the norms. The inclusion of pragmatic instructions among principles, such as that of ensuring that access is rapid, inexpensive and not unduly burdensome, is also positive.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- 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. 82
- Paragraph text
- Individuals should have a legal right to be notified that they have been subjected to communications surveillance or that their communications data has been accessed by the State. Recognizing that advance or concurrent notification might jeopardize the effectiveness of the surveillance, individuals should nevertheless be notified once surveillance has been completed and have the possibility to seek redress in respect of the use of communications surveillance measures in their aftermath.
- 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
- 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.
- 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.
- 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.
- 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.
- 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