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The role of digital access providers 2017, para. 43
- Paragraph text
- The findings and recommendations in the present report apply to any entity that engages in the provision of digital access as described above. A growing number of Internet companies are adding critical digital access and infrastructure services to their portfolio. For example, Alibaba and Tencent, two of the biggest Chinese Internet companies, now also offer content delivery network services. Google has been experimenting with methods to provide wireless access that bypass traditional providers; in 2010, it launched a high-speed Internet connection service to homes and businesses in select cities in the United States. It is also working with Facebook and Microsoft to build undersea cable networks that would enable them to connect users without relying on third-party equipment or systems.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The role of digital access providers 2017, para. 19
- Paragraph text
- Providers should only be compelled to release user data when ordered by judicial authorities certifying necessity and proportionality to achieve a legitimate objective. The Criminal Code of Canada requires law enforcement to submit requests for the disclosure of telephone records in criminal investigations to a judge for approval. In Portugal, the authorities must obtain a judicial order to compel the disclosure of communications data. However, national law often exempts user data requests from judicial authorization. In Bangladesh, the authorities require only executive branch approval to access communications data belonging to telecommunications subscribers on the grounds of national security and public order.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
The role of digital access providers 2017, para. 55
- Paragraph text
- While dedicated business and human rights professionals within a company are important, due diligence should not be solely their responsibility, but must involve other relevant functional groups within the business. This requires dialogue and collaboration among various business units (such as privacy, law enforcement, government relations, compliance, risk management, product development and operations) and professionals (such as engineers, user-experience researchers, sales teams and business executives). In the privacy context, researchers have found that measures such as “involving and assigning responsibility to senior business unit executives” for privacy management and “embedding staff with privacy protection expertise and personal responsibility for privacy … into the business units”, create an environment conducive to privacy protection. Similar management practices could also ensure business respect for freedom of expression. For small and medium-size enterprises, these considerations might require the entire operation to engage in due diligence activities.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The role of digital access providers 2017, para. 62
- Paragraph text
- Arrangements with corporate partners should enable all parties to uphold their human rights responsibilities. In particular, such arrangements should be designed to ensure that subsidiaries, joint venture partners, suppliers and distributors will abide by whatever freedom of expression and privacy policies the company has in place. For example, when local operations receive unconventional censorship or surveillance requests, company policy should ensure that these requests are escalated to global management for review. Whistle-blowing mechanisms should be made available to both employees and contractors. To the extent that companies are already in business relationships that raise human rights concerns, they should seek to build leverage over time to prevent or mitigate harm.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The role of digital access providers 2017, para. 63
- Paragraph text
- Companies may also enhance respect for human rights through collaborative action. Such collaboration includes joint outreach and advocacy with peer companies; engagement with regional or international bodies, including human rights mechanisms and economic institutions; and membership in industry associations and multi-stakeholder initiatives. Regular consultations with users, civil society and affected rights holders can also mobilize public support for company efforts to resist government overreach. Cross-sector collaboration strengthens the normative force of agreed upon human rights best practices and standards, intensifying pressure on both governments and peer companies to comply.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The role of digital access providers 2017, para. 32
- Paragraph text
- While several providers attempt to resist censorship and surveillance requests, many assist in government efforts without meaningful challenge. In the United States, one of the country’s largest providers is alleged to have created a “super search engine” to facilitate law enforcement access to customer phone calls, even though not legally required to do so. In the United Kingdom, a complaint filed with the Organization for Economic Cooperation and Development alleged that major providers granted the country’s intelligence agency access to their networks and customer data well beyond what was required by the law at the time.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The role of digital access providers 2017, para. 83
- Paragraph text
- This is not to say that private companies do not face pressures. They do. But when States request corporate involvement in censorship or surveillance, companies should seek to prevent or mitigate the adverse human rights impacts of their involvement to the maximum extent allowed by law. In any event, companies should take all necessary and lawful measures to ensure that they do not cause, contribute or become complicit in human rights abuses. Arrangements with corporate partners should be structured to ensure that all parties uphold their human rights responsibilities. Companies should also seek to build leverage in pre-existing business relationships to prevent or mitigate adverse human rights impacts.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Access to information in international organizations 2017, para. 1
- Paragraph text
- The workings of international organizations, including the United Nations, are deeply opaque to most people. Apart from the work of their highest profile bodies, what they do and how they do it is largely hidden from public view. In such an environment, how does information of legitimate interest to the public get disclosed? How does the general public, including citizens, students, journalists, scholars, activists, parliamentarians and even representatives of Member States, keep track of how the United Nations and other intergovernmental organizations operate and how international civil servants comply with their obligations? What policies, if any, direct international officials to share information? What standards do international officials rely upon when deciding whether to withhold information? In general, how do intergovernmental organizations ensure their own compliance with the human rights norm guaranteeing everyone the right to seek and receive information of all kinds, especially information held by public authorities?
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Año
- 2017
Párrafo
Access to information in international organizations 2017, para. 2
- Paragraph text
- In his 2016 report detailing the refusal of the United Nations to acknowledge responsibility for the tragic outbreak of cholera in Haiti, the Special Rapporteur on extreme poverty and human rights noted the following: “It has been suggested to the Special Rapporteur by several sources that the legal advice originally submitted to the Secretary-General took a rather different approach to these crucial issues [the responsibility of the United Nations for the cholera outbreak] from that which was finally adopted, but this cannot be confirmed since none of the analyses of the Office of Legal Affairs have been made public. If true, however, it might explain why the arguments adduced in order to abdicate responsibility are both peremptory and inadequately justified (A/71/367, para. 33).”
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Poverty
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Access to information in international organizations 2017, para. 38
- Paragraph text
- The legitimate subjects of restriction for States, to protect the rights or the reputation of others, national security or public order or public health or morals, may also serve as a basis for restrictions on the part of intergovernmental organizations. The rights of others, for instance, would counsel for the creation of protections to ensure that disclosures do not interfere with the privacy rights of individuals employed by or in some way connected to the intergovernmental organization. Public order may be an especially salient basis for sensitivity with regard to disclosure in the context of peacekeeping, while national security could be a basis, for example: the International Atomic Energy Agency (IAEA) might choose not to disclose certain information about nuclear inspections; or the World Health Organization (WHO) could cite public health concerns as a basis for withholding sensitive information. Even for these generic bases for non-disclosure, the organization would still need to demonstrate necessity and proportionality in a given case.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2017
Párrafo
Access to information in international organizations 2017, para. 25
- Paragraph text
- The World Bank, the International Finance Corporation (IFC) and the International Monetary Fund (IMF) have active institutional websites, training guides and designated access-to-information departments that oversee annual reporting and information disclosure. In its submission, the Center for Law and Democracy stated that the prevalence of access-to-information policies in the international finance sector “is largely due to heightened civil society scrutiny of their work, given its high impact, and also partly due to the fact that Member States are keen to ensure that their money is being handled appropriately”. There is also focused attention on the part of civil society, to such an extent that the Global Transparency Initiative, an informal network of civil society organizations promoting openness at financial institutions, has created a charter elaborating the standards upon which the access-to-information policies of international financial institutions should be based. This rights-based approach to establishing an access-to-information policy includes a presumption of disclosure, generous automatic disclosure rules, a clear framework for processing requests for information, limited (though still often overbroad) exceptions and a right to appeal refusals to disclose information to an independent body. Many financial institutions have access-to-information policies that embody a significant number of the elements of the charter advanced by the Global Transparency Initiative. For example, the World Bank’s policy includes guiding principles upholding maximum access to information, a list of exceptions, a set of procedures describing how information is made available and a two-stage appeals mechanism. Under the appeals mechanism, the requester enjoys recourse to an appeals board, consisting of external and independent outside experts. Its disclosure policy includes a declassification system timeline and a set of definitions. The World Bank has also instituted an “access to information committee”, which is responsible for overseeing the implementation of the policy.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Access to information in international organizations 2017, para. 28
- Paragraph text
- After reviewing domestic access to information policies and existing policies adopted by these and other institutions, as well as consulting with stakeholders and examining the related work of the previous Special Rapporteur, I have identified practices that intergovernmental organizations should include as part of their access to information policies.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Access to information in international organizations 2017, para. 61a
- Paragraph text
- [The political bodies of the United Nations, especially the General Assembly and Human Rights Council, and other intergovernmental organizations should:] Promote the adoption of access to information policies through resolutions and other governance mechanisms;
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2017
Párrafo
The role of digital access providers 2017, para. 13
- Paragraph text
- Observers have also noted the growing use of shutdowns to prevent cheating by students during national exams. Uzbekistan may have been the first to invoke this justification during university entrance exams in 2014. In 2016, authorities allegedly ordered shutdowns during exams in India, Algeria, Ethiopia and Iraq.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Año
- 2017
Párrafo
The role of digital access providers 2017, para. 75
- Paragraph text
- Pre-existing policies and mechanisms could also be reformed or strengthened to address violations of freedom of expression. For example, a provider could make improvements to its content restriction policy and the training of its content moderation teams to reduce the likelihood of unfair website takedowns or overbroad content restrictions such as filtering. Customer complaint mechanisms could also be updated to allow users to flag network traffic management practices, commercial filtering classifications and other content restrictions they deem to be unduly restrictive or unfair.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The role of digital access providers 2017, para. 9
- Paragraph text
- Shutdowns ordered covertly or without an obvious legal basis violate the requirement of article 19 (3) of the Covenant that restrictions be “provided by law”. In Chad, the failure of authorities to provide a meaningful public explanation for a series of Internet and social media shutdowns between February and October 2016 created the presumption that they were unlawful. In Gabon, total network outages were allegedly recorded every evening for almost two weeks during the 2016 election period, contrary to government assurances that such services would not be disrupted.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Año
- 2017
Párrafo
The role of digital access providers 2017, para. 41
- Paragraph text
- The design of network equipment and technology with multiple uses raises freedom of expression and privacy concerns. Deep packet inspection devices, for example, are used for innocuous technical purposes such as the management of network congestion, but have also been employed to filter Internet content, intercept communications and throttle data flows. Mobile networks are configured to monitor the real-time location of cell phones to ensure that cellular services may be accessed from any location, but such monitoring may also be used to target users.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Access to information in international organizations 2017, para. 58
- Paragraph text
- It is not enough simply to adopt access to information policies, such policies must be rigorous and principled, drawing on the broad global acceptance that the right of access to information held by public authorities is rooted in international law. I encourage international organizations and the United Nations to align their policies with those being adopted and implemented, increasingly, by States, not only to emulate the best aspects of governmental behaviour, but to serve as a model for States to follow.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
The role of digital access providers 2017, para. 74
- Paragraph text
- Remedies may include both financial and non-financial means (Ibid., principle 27). When freedom of expression is impaired, appropriate remedies may include access to grievance mechanisms and information about the violation and guarantees of non-repetition. Users whose accounts have been wrongly suspended may want the satisfaction of being heard and provided with explanations and assurances of non-repetition.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
The role of digital access providers 2017, para. 34
- Paragraph text
- IXPs enable the exchange of Internet traffic between and among networks managed by different providers within a country or region. This form of interconnection prevents local or regional Internet traffic from taking long and circuitous international routes, thus enhancing the speed and efficiency of Internet connectivity. IXPs may be established by Internet infrastructure companies as part of a broader suite of services sold to providers or operated as non-profit or volunteer organizations.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The role of digital access providers 2017, para. 58
- Paragraph text
- Companies should be quick to adapt due diligence processes to changes in circumstances or operating context. For example, risk assessment should continue after the design phase and at regular intervals throughout the life cycle of the product or service, taking into account factors such as technology and infrastructure changes and associated security vulnerabilities, alterations in consumer behaviour, and modifications of the legal, political and social environment where companies operate.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Access to information in international organizations 2017, para. 26
- Paragraph text
- Access information policy at UNEP is focused on a policy of maximum disclosure and openness. Its policy defines the type of information it can disclose, which is any information relating to UNEP and in its possession, and includes established exceptions, consistent with relevant rules and practices of the United Nations, for example, how to handle sensitive information and classification. UNEP has a specific information request mechanism that includes information on how to frame a request, and to whom. Furthermore, it specifies that if there is an exception of concern, the officer handling the request shall seek guidance from a senior legal officer. UNEP has a timeline for handling requests, indicating that receipt of a request must be acknowledged within 5 days, a response within 30 days, and a response to an information appeal within 60 days. The policy contains a fee structure, under which most information is released free of charge, except for printing costs. It requires a reason for the denial of a request for information and establishes an appeals mechanism, made up of a panel of two members of UNEP and one outside representative. In addition, the policy includes a public interest override test according to which UNEP will release information if the benefits of disclosure outweigh potential harm.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Access to information in international organizations 2017, para. 63a
- Paragraph text
- [Civil society organizations, the media and members of the public should:] Engage directly and seek a formal role with intergovernmental organizations in the process of development of access to information policies, including by identifying for them the key areas of interest in information;
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Access to information in international organizations 2017, para. 23
- Paragraph text
- Sixteen institutions made submissions for the compilation of the present report, which I supplemented with interviews and consultations. Despite extensive outreach, dozens of intergovernmental organizations and agencies within the United Nations system did not respond to the mandate’s call for submission. I was particularly disappointed not to receive a submission from the Secretariat of the United Nations Headquarters in New York. While organizations that did not make any submission may have some kind of access-to-information policy in place, 10 organizations that made submissions have formal access-to-information, disclosure or transparency policies; two are currently drafting policies; one does not have a formal access-to-information policy but provides access through an array of its policies; and three do not have any information access policies. Based on research, it appears that most international organizations lack binding policies to protect and promote the right of access to information. Put another way, based on my research, with a few notable exceptions, intergovernmental organizations have failed to create mechanisms that can penetrate their opacity and enable easy access to their operations. Most egregiously, the United Nations does not have an access-to-information policy that applies to every department and specialized agency; it does not even have ad hoc standards for response to access-to-information requests.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2017
Párrafo
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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- Persons on the move
- Año
- 2017
Párrafo
The role of digital access providers 2017, para. 28
- Paragraph text
- These competing considerations have led to variations in regulatory approaches. In India, public concern over Facebook’s Free Basics culminated in a ban on any arrangement that “has the effect of discriminatory tariffs for data services being offered or charged to the consumer on the basis of content”. Restrictions on zero rating are in effect in Chile, Norway, the Netherlands, Finland, Iceland, Estonia, Latvia, Lithuania, Malta and Japan. In contrast, the United States, followed later by the Body of European Regulators for Electronic Communications (BEREC), adopted guidelines involving a case-by-case approach. States that adopt a case-by-case approach should carefully scrutinize and, if necessary, reject arrangements that, among other things, zero-rate affiliated content, condition zero rating on payment or favour access to certain applications within a class of similar applications (for example, zero rating certain music streaming services rather than all music streaming). Additionally, States should require meaningful corporate disclosures about network traffic management practices. For example, Chile requires ISPs to disclose Internet access speeds, price or speed differentials between national and international connections, and related service guarantees.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Access to information in international organizations 2017, para. 15
- Paragraph text
- During the period of normative expansion in the establishment and work of human rights bodies, States were also adopting legislation to implement the right to information, while many incorporated a right to information as a matter of constitutional law. At the domestic level, States have increasingly opened up the workings of government as a matter of law, if not always achieving the best implementation practices. Nevertheless, the environment of confidentiality and withholding that tends to prevail within bureaucracies and in political leadership around the world remains difficult to eliminate. A prevailing exclusion of national security information from right-to-information legal frameworks encourages a tendency to look at disclosures, even those of the highest public interest without meaningful harm to governmental interests, as contrary to “the national interest”. Such attitudes put significant negative pressure on access-to-information laws, and they may have a spill-over effect beyond traditional national security environments. In short, while the legal framework for access to information has improved globally, open government still faces significant barriers in terms of overcoming attitudes and instilling implementation practices.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2017
Párrafo
The role of digital access providers 2017, para. 49
- Paragraph text
- The Guiding Principles seek to address the gaps in corporate accountability left because of a lack of national legislation or implementation. However, zealous enforcement of domestic law also poses human rights challenges in the digital access industry. For example, States may hold providers liable for, or otherwise pressure them to restrict, Internet content posted by users on their networks, under laws as varied as hate speech, defamation, cybercrime and lese-majesty. Yet such intermediary liability creates a strong incentive to censor: providers may find it safest not to challenge such regulation but to over-regulate content such that legitimate and lawful expression also ends up restricted. The pressure to assist in State censorship and surveillance also escalates when authorities harass, threaten or arrest employees, or attempt to tamper with the company’s networks or equipment.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Año
- 2017
Párrafo
The role of digital access providers 2017, para. 38
- Paragraph text
- Since content delivery networks process large volumes of user requests for Internet content from multiple websites and platforms, they are also vulnerable to government surveillance. In 2016, for example, Amazon Web Services, which houses one of the world’s biggest content delivery networks, reported that government requests to access data more than doubled from the previous year. Researchers also believe that mass surveillance activities strategically target content delivery networks to maximize information collection, but specifically how this is conducted and the extent of content delivery network involvement, if any, is unclear.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The role of digital access providers 2017, para. 6
- Paragraph text
- States also have obligations to take steps to protect individuals from undue interference with human rights when committed by private actors (see art. 2 (2) of the Covenant; and Human Rights Committee general comment No. 31 (2004)). Human rights law protects individuals against violations by the State as well as abuses committed by private persons or entities (see general comment No. 31, para. 8). The Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, endorsed by the Human Rights Council in 2011, explains that States are required to take appropriate steps to prevent, investigate, punish and redress private actors’ abuse (see A/HRC/17/31, annex, principle 1). Such steps include the adoption and implementation of legislative, judicial, administrative, educative and other appropriate measures that require or enable business respect for freedom of expression, and, where private sector abuses occur, access to an effective remedy (see general comment No. 31, para. 7; and A/HRC/17/31, annex, principles 3 and 25).
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo