A/HRC/RES/56/7
and ensuring that grounds for refusing the disclosure of information held by public
bodies are narrowly defined;
(ii)
Enacting the necessary procedures to allow equal participation in access
to information and to facilitate access to and use of information;
(iii) Facilitating and promoting access to and use of communications and digital
technologies;
(m) To ensure that measures for the respect of the rights or reputations of others
and the protection of national security, including counter terrorism, public order and public
health are in full compliance with international human rights obligations, including the
principles of lawfulness, legitimacy, necessity and proportionality, and also stress the need
to protect human rights, including the right to freedom of opinion and expression and the
right to privacy in accordance with obligations under international law, and safeguarding
personal data;
(n)
To refrain from imposing new restrictions, and to lift existing ones, on the free
flow of information and ideas that are inconsistent with article 19 of the International
Covenant on Civil and Political Rights, including through practices such as the use of Internet
shutdowns and online censorship to intentionally prevent or disrupt access to or the
dissemination of information online, the banning or closing of publications or other media
and the abuse of administrative measures, criminalization and censorship, and the restriction
on access to or use of information and communications technology, inter alia radio, television
and the Internet;
(o)
To adopt and implement measures, such as laws and policies, that discourage
strategic lawsuits against public participation against journalists, media outlets and human
rights defenders, among others, and provide support for victims;
(p)
To adopt, implement and, where necessary, reform laws, regulations, policies
and other measures concerning personal data and privacy protection online in order to
prevent, mitigate and remedy the arbitrary or unlawful collection, retention, processing, use
or disclosure of personal data on the Internet that could violate human rights and deter
individuals from the full exercise of their rights to freedom of opinion and expression;
9.
Encourages all business enterprises, including technological intermediaries
and social media platforms, to meet their responsibility to respect all human rights as stated
in the Guiding Principles on Business and Human Rights and in other applicable standards,
including by actively contributing to initiatives aimed at fostering respect for freedom of
opinion and expression, including through avenues for remedy and legal protection for users,
and by ensuring the greatest possible transparency in their policies, standards and actions that
have an impact on the freedom of opinion and expression, privacy and data protection;
10.
Encourages business enterprises, including communications service providers,
to work towards enabling solutions to secure and protect the confidentiality of digital
communications and transactions, including measures for encryption, pseudonymization and
anonymity, and to ensure the implementation of human rights-compliant safeguards, and
calls upon States not to interfere with the use of such technical solutions, with any restrictions
thereon complying with States’ obligations under international human rights law, and to enact
policies that protect the privacy of individuals’ digital communications;
11.
Reaffirms that article 20 of the International Covenant on Civil and Political
Rights provides that any advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence shall be prohibited by law;
12.
Stresses the importance of combating, in accordance with States’ obligations
under international human rights law, all acts of incitement to discrimination, hatred, hostility
or violence, including by promoting tolerance, education and dialogue;
13.
Recognizes that the open public debate of ideas, as well as interfaith and
intercultural dialogue at the local, national, and international levels, can be among the best
protections against racism, racial discrimination, xenophobia and related intolerance, and can
play a positive role in strengthening democracy and combating national, racial or religious
hatred;
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