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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. 84
- Paragraph text
- Enabling individuals to effectively use the content made available via the Internet requires a number of elements, including the skills to use the technology. The Special Rapporteur thus recommends that States include Internet literacy skills in school curricula and support similar learning modules outside of schools. In addition to basic skills training, modules should clarify the benefits of accessing information online and of responsibly contributing information. Training can also help individuals learn how to protect themselves against harmful content, such as the potential consequences of revealing private information on the Internet, as well as against undue restrictions by States or corporations through the use of encryption or circumvention technology.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- All
- N.A.
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right to freedom of opinion and expression exercised through the Internet 2011, para. 72
- Paragraph text
- The Special Rapporteur remains concerned that legitimate online expression is being criminalized in contravention of States' international human rights obligations, whether it is through the application of existing criminal laws to online expression, or through the creation of new laws specifically designed to criminalize expression on the Internet. Such laws are often justified as being necessary to protect individuals' reputation, national security or to counter terrorism. However, in practice, they are frequently used to censor content that the Government and other powerful entities do not like or agree with.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right to freedom of opinion and expression exercised through the Internet 2011, para. 76
- Paragraph text
- In addition, while States are the primary duty-bearers of human rights, the Special Rapporteur underscores that corporations also have a responsibility to respect human rights, which means that they should act with due diligence to avoid infringing the rights of individuals. The Special Rapporteur thus recommends intermediaries to: only implement restrictions to these rights after judicial intervention; be transparent to the user involved about measures taken, and, where applicable, to the wider public; provide, if possible, forewarning to users before the implementation of restrictive measures; and minimize the impact of restrictions strictly to the content involved. Finally, there must be effective remedies for affected users, including the possibility of appeal through the procedures provided by the intermediary and by a competent judicial authority.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right to access information 2013, para. 93
- Paragraph text
- Given that the enjoyment of human rights also implies responsibilities, and is based on the principles of universality, equality and interdependence, there is a shared responsibility in denouncing human rights violations whenever they occur. Such responsibility is of greater importance in the case of public officials. Therefore, the disclosure in good faith of relevant information relating to human rights violations should be accorded protection from liability. On the other hand, the silence of State officials on violations that they witness can be interpreted as complicity. Transitions to peace and democracy based on silence over past crimes, atrocities or impunity are not sustainable.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right of the child to freedom of expression 2014, para. 83
- Paragraph text
- Children may not have the same maturity as adults, but childhood is an evolving process during which maturity is gained gradually. The ability to develop opinions, as well as to express them clearly, stems from a learning process that begins at the earliest stages of our lives and that needs appropriate respect and encouragement to develop completely. If neglecting the duty to protect children from harm brings serious risks, so too does denying them space to develop their minds, critical thinking and opinions. Depriving children of information on certain matters and prohibiting their participation in public debate can only intensify their isolation and political alienation. Ensuring that children are able to exercise their right to be heard is not only an obligation: it is crucial to enhancing the effectiveness of protective measures.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Children
- Année
- 2014
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Freedom of expression, States and the private sector in the digital age 2016, para. 91
- Paragraph text
- As the present report has shown, many international organizations play a role in information and communication technology governance processes. It is critical that such organizations provide meaningful public access to policies, standards, reports and other information concerning Internet governance created or generated by the organization and/or its membership, including through facilitating access to free online resources and public education initiatives. More generally, the multi-stakeholder process for Internet governance has been an important driver for policies supportive of freedom of expression. With that in mind, international organizations should ensure meaningful civil society participation in policymaking and other standard-setting processes, including through increasing the presence of technical experts sensitive to human rights concerns.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2016
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Contemporary challenges to freedom of expression 2016, para. 57d
- Paragraph text
- [Among steps that I would encourage are the following:] Support independent media and civic space. In the face of State repression of reporting, it is critical that States make an extra effort to support independent voices in the media and civil society at large. At a minimum, I encourage States to avoid imposing restrictions on reporting and research that may be seen to criticize the Government and its policies or to share information about sensitive subjects, including terrorism. States should especially avoid imposing obstacles, such as accreditation procedures or penalties through defamation lawsuits or intermediary liability, that undermine independent media. At the same time, those with the means - such as private donors and foundations - should make a special effort to support independent media and to foster strong scrutiny of media conglomerations that squeeze out the less well-financed outlets;
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Freedom of expression, States and the private sector in the digital age 2016, para. 90
- Paragraph text
- Beyond adoption of policies, private entities should also integrate commitments to freedom of expression into internal policymaking, product engineering, business development, staff training and other relevant internal processes. The Special Rapporteur will aim to explore policies and the full range of implementation steps in a number of ways, including through company visits.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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. 91
- Paragraph text
- As mobile technology is increasingly being used, and is more accessible in developing States, the Special Rapporteur recommends that States support policies and programmes to facilitate connection to the Internet through the use of mobile phones.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Hate speech and incitement to hatred 2012, para. 81
- Paragraph text
- When hate is expressed by politicians and public authorities, additional sanctions should be imposed, as recognized in article 4 (c) of the Convention. Such sanctions could include those of a disciplinary nature, such as removal from office, in addition to effective remedies for victims.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Année
- 2012
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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. 83a
- Paragraph text
- [Legal frameworks must ensure that communications surveillance measures:] Are prescribed by law, meeting a standard of clarity and precision that is sufficient to ensure that individuals have advance notice of and can foresee their application;
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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. 88
- Paragraph text
- States should refrain from compelling the identification of users as a precondition for access to communications, including online services, cybercafés or mobile telephony.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Protection of journalists and media freedom 2012, para. 106
- Paragraph text
- In countries where defamation is classified as a civil tort, the financial sanctions imposed must be strictly proportionate to the harm caused and limited by law.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2012
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right of the child to freedom of expression 2014, para. 85
- Paragraph text
- The Special Rapporteur recommends that States take the actions set out below.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The role of digital access providers 2017, para. 77
- Paragraph text
- The Human Rights Council, in its resolution 32/13, condemned unequivocally measures to intentionally prevent or disrupt access to or dissemination of information online in violation of international human rights law, and called upon all States to refrain from and cease such measures. This condemnation, which is critical to the Council’s promotion of human rights online, should be supplemented and specified. Intentional prevention or disruption of access includes any action that shuts down or renders ineffective access to telecommunications networks, mobile services, social media platforms and so forth. Future work of the Council that clarifies the rules that apply to digital access, as outlined in this report, would advance the right to freedom of opinion and expression online.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Protection of journalists and press freedom 2010, para. 87
- Paragraph text
- States also have an obligation to implement measures to prevent the recurrence of violence against journalists and citizen journalists, which may include ensuring that law enforcement agencies, security personnel and armed forces are provided with training on international human rights law and international humanitarian law, including their obligation to protect journalists and to respect them as civilians during armed conflict.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Violence
- Personnes concernées
- Activists
- Année
- 2010
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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. 92
- Paragraph text
- At the international level, the Special Rapporteur reiterates his call on States, in particular developed States, to honour their commitment, expressed, inter alia, in the Millennium Development Goals, to facilitate technology transfer to developing States and to integrate effective programmes to facilitate universal Internet access in their development and assistance policies.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right to access information 2013, para. 99
- Paragraph text
- National laws should contain a clearly and narrowly defined list of exceptions or an explanation of the grounds for refusing the disclosure of information. Exceptions should apply only where there is a risk of substantial harm to the protected interest and where that harm is greater than the overall public interest in having access to the information, and should be determined by an independent body, preferably a court, and not the body holding the information.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The role of digital access providers 2017, para. 79
- Paragraph text
- The Special Rapporteur is particularly concerned about reports of threats and intimidation of companies, their employees and their equipment and infrastructure. Also, the Council’s emphasis on the important role — and need for protection — of the private sector deserves consideration. States should review all activities to obtain network access to ensure that they are lawful, necessary and proportionate, paying particular attention to whether these activities are the least intrusive means for protecting a legitimate aim.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 122
- Paragraph text
- It is recommended that States establish a legal framework that recognizes and regulates community-based communication within the framework of the 14 principles presented in this report and that a fair balance be struck in terms of frequency allocation among community-based media, commercial media and public-sector or State media.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2010
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right to freedom of opinion and expression exercised through the Internet 2011, para. 74
- Paragraph text
- Intermediaries play a fundamental role in enabling Internet users to enjoy their right to freedom of expression and access to information. Given their unprecedented influence over how and what is circulated on the Internet, States have increasingly sought to exert control over them and to hold them legally liable for failing to prevent access to content deemed to be illegal.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 124
- Paragraph text
- It is recommended that States, the media and financial institutions implement the recommendations set forth in the Colombo Declaration, which are aimed at strengthening the freedom of expression of marginalized sectors of society and their access to media of their own, including electronic media, with a view not only to promoting freedom of expression and democracy but also to combating poverty and meeting the Millennium Development Goals. It is also recommended that States establish a special fund to subsidize access (which requires both connectivity and the necessary equipment) to electronic media for all sectors.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2010
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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. 89
- Paragraph text
- In particular, the Special Rapporteur recommends that States take proactive measures to ensure that Internet connectivity is available on an individual or communal level in all inhabited localities of the State, by working on initiatives with the private sector, including in remote or rural areas. Such measures involve the adoption and implementation of policies that facilitate access to Internet connection and to low-cost hardware, including in remote and rural areas, including the subsidization of service, if necessary.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Protection of journalists and media freedom 2012, para. 99
- Paragraph text
- The protection of journalists and combating impunity requires context-specific measures that address the specific risks in each situation and effectively addresses the root causes of attacks. While there are many organizations committed to ensuring the protection of journalists at all levels, there has not been much collaboration and joint strategies adopted at the international level. The Special Rapporteur thus welcomes the initiative to draft a United Nations joint Plan of Action on the Protection of Journalists and the Issue of Impunity and looks forward to its effective implementation.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2012
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Protection of journalists and media freedom 2012, para. 116
- Paragraph text
- In keeping with the United Nations Action 2 programme, the Special Rapporteur encourages other United Nations agencies to support the protection of journalists by ensuring that United Nations actions at the country level are grounded in human rights principles and guided by international norms and standards. Training and toolkits, such as those provided by the United Nations Development Programme (UNDP) in relation to journalists working on HIV/AIDS and corruption, for example, could be tailored to the protection of journalists.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- Activists
- Année
- 2012
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Hate speech and incitement to hatred 2012, para. 76
- Paragraph text
- Accordingly, laws to combat hate speech must be carefully construed and applied by the judiciary not to excessively curtail legitimate types of expression. At the same time, while laws are certainly necessary and an important component in addressing hate speech, they should be complemented by a broad set of policy measures to bring about genuine changes in mindsets, perception and discourse. Such a multilayered approach, supported by political and social will and commitment to effecting change, not only aids in addressing less severe forms of hate speech, but also supports awareness-raising and prevention.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2012
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right to access information 2013, para. 89
- Paragraph text
- In parallel, the global recognition of the overall importance of transparency of public institutions in the consolidation of peace, democracy and development is unquestionable. Explicitly included as a component of the right to freedom of expression, the right to access information is increasingly protected by national laws. Technological advances, democratic transitions and the expansion of civil society activity have contributed to a significant increase in the demand for all types of information held by public bodies.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The protection of sources and whistle-blowers 2015, para. 62
- Paragraph text
- Any restrictions on confidentiality must be genuinely exceptional and subject to the highest standards, and implemented by judicial authorities only. Circumventions, such as secret surveillance or metadata analysis not authorized by judicial authorities according to clear and narrow legal rules, should not be used to undermine source confidentiality. States should promote tools, such as encryption and anonymizing programs, to ensure protection of sources. Authorities compelling revelation of sources must demonstrate that reasonable alternative measures to the disclosure do not exist or have been exhausted and that the legitimate interest in the disclosure clearly outweighs the public interest in the non-disclosure. These should be limited to investigations of the most serious crimes or the protection of life.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2015
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe