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Freedom of expression, States and the private sector in the digital age 2016, para. 37
- Paragraph text
- State demands to remove content are often based on such rationales as defamation, blasphemy, election-related regulations, harassment or hate speech, incitement, intellectual property, obscenity and indecency, terrorist recruitment or "glorification", the protection of national security and public safety, child protection and the prevention of gender-based attacks. Problems long connected to freedom of expression but increasingly complicated in the digital age have also attracted State regulation, including the "right to be forgotten" and pluralism and diversity (for example, network neutrality). Intermediaries themselves establish and enforce terms of service designed to address many of these concerns, for legal, commercial and other reasons. Many of these issues raise questions about the appropriate balance between freedom of expression and other human rights (for example, privacy, non-discrimination). While content regulations are often restrictive in nature, they may also require the transmission of Government-mandated or approved messages, or prohibit differential pricing for content and content delivery services.
- 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
- Gender
- Personnes concernées
- Children
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 13
- Paragraph text
- The "dark" side of encryption and anonymity is a reflection of the fact that wrongdoing offline takes place online as well. Law enforcement and counter-terrorism officials express concern that terrorists and ordinary criminals use encryption and anonymity to hide their activities, making it difficult for Governments to prevent and conduct investigations into terrorism, the illegal drug trade, organized crime and child pornography, among other government objectives. Harassment and cyberbullying may rely on anonymity as a cowardly mask for discrimination, particularly against members of vulnerable groups. At the same time, however, law enforcement often uses the same tools to ensure their own operational security in undercover operations, while members of vulnerable groups may use the tools to ensure their privacy in the face of harassment. Moreover, Governments have at their disposal a broad set of alternative tools, such as wiretapping, geo-location and tracking, data-mining, traditional physical surveillance and many others, which strengthen contemporary law enforcement and counter-terrorism.
- 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
- Violence
- Personnes concernées
- Children
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 70
- Paragraph text
- In the case of sexual exploitation, for example, advances in technology, including faster Internet connections and new ways of transmitting material that circumvent Internet service providers, have facilitated the sharing of images involving child abuse. Cybergrooming also involves the use of the Internet, this time to "befriend" and facilitate online sexual contact or a physical meeting with a child or young person for the purpose of committing sexual abuse. Offenders often use online forums such as chat rooms, social networking sites and instant messaging for this purpose; these "deconstruct traditional boundaries of privacy" and result in children being exposed to risks. Lastly, cyberbullying is understood as the psychological bullying and hazing by adults or other children through information and communications technologies. Cyberbullying can take various forms, including threats and intimidation, harassment, cyberstalking, vilification and defamation, exclusion or peer rejection, impersonation, unauthorized publication of private information or images, and manipulation. This is particularly problematic for groups that are already considered vulnerable in society.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- Children
- Youth
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right to freedom of opinion and expression exercised through the Internet 2011, para. 27
- Paragraph text
- In addition, the Special Rapporteur emphasizes that due to the unique characteristics of the Internet, regulations or restrictions which may be deemed legitimate and proportionate for traditional media are often not so with regard to the Internet. For example, in cases of defamation of individuals' reputation, given the ability of the individual concerned to exercise his/her right of reply instantly to restore the harm caused, the types of sanctions that are applied to offline defamation may be unnecessary or disproportionate. Similarly, while the protection of children from inappropriate content may constitute a legitimate aim, the availability of software filters that parents and school authorities can use to control access to certain content renders action by the Government such as blocking less necessary, and difficult to justify. Furthermore, unlike the broadcasting sector, for which registration or licensing has been necessary to allow States to distribute limited frequencies, such requirements cannot be justified in the case of the Internet, as it can accommodate an unlimited number of points of entry and an essentially unlimited number of users.
- 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
- Children
- Families
- Année
- 2011
- Date ajouter
- 19 août 2019
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. 71
- Paragraph text
- Keeping the above in mind, the Special Rapporteur strongly emphasizes the importance of promoting and providing support to projects which seek to ensure the access to information and communication. In this regard, the global project "One Laptop per Child" is a good initiative. As stated in the most recent report of the Special Rapporteur to the Human Rights Council, this kind of initiative helps to spread the availability of ICT in developing countries. The project, supported by the United Nations Development Programme (UNDP) and several partners, has benefited not just children, but their families as well, since one of the essential aspects of the permanently connected laptop is its free use at home, which allows the child and the family to increase their access to information and to the outside world. Two important elements of these laptops are that they can be charged by solar or mechanical power; and they have been designed to provide an engaging wireless network, which allows the laptops to be connected automatically to others nearby.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Personnes concernées
- Children
- Families
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 94
- Paragraph text
- Regular attention to violations of the right of children to freedom of expression should be paid by all international human rights protection mechanisms. In particular, the Committee on the Rights of the Child could pursue articles 13 and 17 systematically in its recommendations to States.
- 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
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 90
- Paragraph text
- States should encourage the use of diverse forms of communication by children in schools, including oral, written and all forms of art. Schools curricula should impart knowledge on social communications, media and journalism.
- 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
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 89
- Paragraph text
- States should actively promote the right of children to freedom of expression, including access to information, in all settings. Traditional authoritarian attitudes towards children in all spheres, including the home, school and society in general, can be challenged. In particular, the State should pay attention to the creation of channels for child-led activism.
- 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
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 88
- Paragraph text
- States should pay particular attention to the removal of authoritarian norms and practices within education systems given the centrality of schools in the promotion of children's agency.
- 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
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 84
- Paragraph text
- States must never forget to keep the goal of the best interest of the child at the forefront of all their public policies. This includes establishing regulatory norms to protect children from harm and, at the same time, ensuring that all norms comply with the international standards related to the right to freedom of expression.
- 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
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 62
- Paragraph text
- In recommendations arising from its day of general discussion on "The child and the media", the Committee affirmed the importance of budgetary support from the State to ensure the production and dissemination of books, magazines, music, theatre and other forms of expression for children, and of assistance through international cooperation (CRC/C/15/Add.65, para. 256). Investments in community and public broadcasting often play a central role in the promotion of access to information from a diversity of sources and in the inclusion of children's voices in the media. In Argentina, for example, the Law on Communication and Audiovisual Services establishes the obligation for public broadcasting entities to dedicate programming time to children and other sectors of the population not contemplated by commercial broadcasting. The public entity tasked with overseeing the implementation of the law promotes public hearings, including with children, to discuss communication and audiovisual services. It has also recently supported the promotion of radio activities led by students within their own schools. Moreover, the Ministry of Education of Argentina has supported the establishment of a channel aimed at promoting child-sensitive educational programming, including through the active participation of children in the production of the content.
- 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
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 53
- Paragraph text
- Most disturbingly, child protection arguments are being used to block access to information on, for example, lesbian, gay, bisexual and transgender issues and thereby legitimize discrimination against sexual minorities. In the Russian Federation, amendments to the administrative code and law protecting children from harmful information entered into force in July 2013, outlawing "propaganda of non-traditional sexual relations" among children. The Special Rapporteur on the rights to freedom of peaceful assembly and of association publicly expressed concern about that law in a joint statement with other mandate holders. The child protection rationale for the Russian anti-homosexuality law has also been rejected by the European Court of Human Rights in its 2011 case Alekseyev v. Russia. Despite the criticism, other countries have followed suit. In Ukraine, in 2013, it was recommended that a draft law prohibiting "propaganda of homosexual relations" aimed at children be considered by the parliament. In the draft law "propaganda" is defined as any public action aimed at spreading information about same-sex relations. In June 2014, the human rights committee of the parliament of Kyrgyzstan approved a bill criminalizing the dissemination of information "aimed at forming positive attitudes towards non-traditional sexual relations".
- 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
- Children
- LGBTQI+
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 48
- Paragraph text
- In some domains, there may be legitimate and understandable concerns for children's safety and well-being in gaining access to some types of information. For example, many countries regulate broadcasting, and television in particular, with a view, among other things, to protecting children. National regulations often include some kind of watershed system, for example, and establish independent bodies to enforce that system. Content generally considered unsuitable for children includes sexually explicit content, violence and offensive language. Regulations can, however, have a significant impact on freedom of the media. Moreover, the definition of what constitutes harmful information is subjective. Accordingly, any regulations aimed at protecting children and the mechanisms adopted to enforce them should be reviewed regularly, in an open and transparent way, in order to prevent the imposition of disproportionate or arbitrary restrictions that curtail the rights of both adults and children. Furthermore, it is crucial to ensure the independence of the bodies tasked with enforcing these regulations - rules regarding membership, for example, should be defined so as to protect them against any interference, in particular by political forces or economic interests.
- 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
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 43
- Paragraph text
- In addition to banning information outright, some school curricula present biased accounts of history or prejudiced views of certain groups, such as girls, sexual or ethnic minorities or children with disabilities, which can negatively affect children's freedom to form their own views and instead perpetuate discrimination - a situation raised by various United Nations treaty bodies in their recommendations to States.
- 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
- Girls
- Persons with disabilities
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 41
- Paragraph text
- Children's access to cultural activities may also be censored without justification. In the 1993 case Dunduzu Chisiza Jr. v. Minister Kate Kainja, a judge in Malawi upheld the complaint of an actor who had challenged a ban on all plays and other performances by independent groups in public schools as violating freedom of expression. There are also reports of some schools banning music lessons for religious reasons.
- 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
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 36
- Paragraph text
- In paragraph 8 of its general comment No. 1, on the aims of education, the Committee on the Rights of the Child stated: Children do not lose their human rights by virtue of passing through the school gates. Thus, for example, education must be provided in a way that respects the inherent dignity of the child and enables the child to express his or her views freely in accordance with article 12 (1) and to participate in school 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
- Education
- Equality & Inclusion
- Personnes concernées
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 34
- Paragraph text
- Children face particular hurdles to the realization of their right to freedom of expression as a result of entrenched paternalistic attitudes that often overstate the risks of allowing children to communicate freely and underestimate their agency. In addition, the rights of children are also affected by all the barriers hampering the freedom of expression of adults.
- 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
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 25
- Paragraph text
- Paragraph 1 of the article accords to the child who is capable of forming his or her views the right to express those views freely in all matters affecting him or her, and the subsequent right to have those views given due weight in accordance with his or her age and maturity. Paragraph 2 asserts the right of the child to be heard in any judicial or administrative proceedings affecting him or her.
- 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
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 20
- Paragraph text
- The right to receive information is closely linked to the provisions of article 28, according to which States parties recognize the right of the child to education, and article 29, in which it is emphasized that education of the child shall, inter alia, aim at the development of the child's personality, talents and mental and physical abilities to their fullest potential.
- 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
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 15
- Paragraph text
- The scope of the right to freedom of expression is quite wide. According to the Committee on the Rights of the Child, article 13 of the Convention confers a right that can be exercised not only against the State, but also within the family, in the community, at school, in public policy decisions and in society.
- 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
- Social & Cultural Rights
- Personnes concernées
- All
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 113
- Paragraph text
- Freedom of opinion and expression is an early form of participation for children and constitutes a mechanism for inclusion that necessarily entails recognition and respect of human dignity. Children's opinions should therefore be respected and taken into account.
- 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
- Children
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 53
- Paragraph text
- Respecting children's freedom of expression and listening to them attentively are also an important factor in combating child abuse and domestic violence and in ensuring that these acts do not go unpunished
- 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
- Violence
- Personnes concernées
- Children
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 52
- Paragraph text
- While upholding the right to freedom of expression, Governments have a duty to protect children from information that could undermine their dignity and development. They should therefore establish protective mechanisms and define their content, scope and implementation methods in their domestic human rights laws (see section C below on limitations).
- 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
- Children
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 49
- Paragraph text
- The fact that the possibility of reporting domestic violence, violence against women and child abuse now exists has a direct effect on the fight against impunity. Silence is also a form of impunity, and one way of breaking it is to ensure women's freedom of expression.
- 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
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 41
- Paragraph text
- In this context, the right to freedom of expression gains added value when it is used to protect groups or minorities in need of particular attention, such as women, children, those living in extreme poverty, minorities, indigenous peoples and migrant populations.
- 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
- Poverty
- Social & Cultural Rights
- Personnes concernées
- Children
- Ethnic minorities
- Persons on the move
- Women
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 49
- Paragraph text
- The result of vague and broad definitions of harmful information, for example in determining how to set Internet filters, can prevent children from gaining access to information that can support them to make informed choices, including honest, objective and age-appropriate information about issues such as sex education and drug use. This may exacerbate rather than diminish children's vulnerability to risks (see more in section VII below, on the Internet).
- 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
- Health
- Personnes concernées
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 42
- Paragraph text
- Restrictions on the content of school curricula may also affect children's access to diverse sources of information. In this regard, the banning of books and teaching materials containing ideas that run counter to those supported by the school administration is another concern. In the 1982 case Board of Education v. Pico, for example, a court in the United States ruled that books could not be removed from school libraries for ideological reasons.
- 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
- Personnes concernées
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 26
- Paragraph text
- The right of all children to be heard and taken seriously constitutes one of the fundamental values of the Convention. The Committee on the Rights of the Child has identified article 12 as one of the four general principles of the Convention, which highlights the fact that this article establishes not only a right in itself, but should also be considered in the interpretation and implementation of all other rights (see CRC/C/GC/12, para. 2).
- 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
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 21
- Paragraph text
- Lastly, children have the right to impart information to others. As is the case for the right to receive information, there are few references to this right in the jurisprudence of the Committee on the Rights of the Child. The Committee has stated, for example, that children have the right to contribute to children's magazines, television and other media, to engage in political activities both within and outside the school and to set up Internet chat rooms.
- 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
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 17
- Paragraph text
- The right to seek information set out in article 13, paragraph 1, of the Convention on the Rights of the Child has often been associated with the right to access to information, in particular information held by public authorities. This right is also closely related to the provisions of article 17 of the Convention, which aims to ensure that children have access to information and material from a diversity of national and international sources.
- 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
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe