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The right to access information 2013, para. 28
- Paragraph text
- The Special Rapporteur recalls that, as stated by the Human Rights Committee in its general comment No. 34 (2011), to give effect to the right to freedom of expression, States parties should proactively put in the public domain government information of public interest, and that, in ensuring access to such information, States parties should also enact the necessary procedures, such as by means of freedom of information legislation (CCPR/C/GC/34, para. 19).
- 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
- 2013
Paragraphe
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 14
- Paragraph text
- The human rights legal framework for encryption and anonymity requires, first, evaluating the scope of the rights at issue and their application to encryption and anonymity; and, second, assessing whether, and if so to what extent, restrictions may lawfully be placed on the use of technologies that promote and protect the rights to privacy and freedom of opinion and 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
- Personnes concernées
- N.A.
- Année
- 2015
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. 38
- Paragraph text
- The most common method of restricting the types of prohibited expression on the Internet is through the blocking of content (see III.A above). In this regard, the Special Rapporteur reiterates the recommendations made in his most recent report to the Human Rights Council that States should provide full details regarding the necessity and justification for blocking a particular website, and determination of what content should be blocked should be undertaken by a competent judicial authority or a body which is independent of any political, commercial, or other unwarranted influences to ensure that blocking is not used as a means of censorship.
- 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
- 2011
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
Paragraphe
The right to access information 2013, para. 77
- Paragraph text
- As indicated in a comprehensive comparative study of national experiences promoting access to information, the adoption of national laws should be regarded only as the first step: full implementation requires political will (full endorsement by various relevant authorities of the principles enshrined by the new normative framework), an active civil society (advocating and monitoring the implementation of the norms) and respect for the rule of law. In fact, a number of frequent obstacles can be noted in the review of national practices implementing legal frameworks protecting the right to 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
- N.A.
- Année
- 2013
Paragraphe
Contemporary challenges to freedom of expression 2016, para. 18
- Paragraph text
- Among the permissible grounds for restrictions, States often rely on national security and public order. "National security", undefined in the Covenant, should be limited in application to situations in which the interest of the whole nation is at stake, which would thereby exclude restrictions in the sole interest of a Government, regime or power group, a point emphasized in the Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights, adopted in 1985 (E/CN.4/1985/4, annex). It also may include protection of a State's political independence and territorial integrity. Similarly, "public order" (ordre public) must be limited to specific situations in which a limitation would be demonstrably warranted.
- 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
- 2016
Paragraphe
Freedom of expression, States and the private sector in the digital age 2016, para. 77
- Paragraph text
- Private companies play a major role in the development, production and transfer of software and hardware that Governments may deploy for law enforcement, intelligence and public security purposes. While such tools may have legitimate purposes, they are often deployed by Governments for purposes of censorship and disproportionate surveillance. Future work will explore such issues through the human rights framework and encourage due diligence in identifying the uses of such technologies for purposes that undermine 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
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
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
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
Paragraphe
Freedom of expression, States and the private sector in the digital age 2016, para. 78
- Paragraph text
- Companies that transmit, store or generate communications and other forms of user data - particularly telecommunication and Internet service providers, and content-hosting platforms - face mounting demands from law enforcement and security services for access to their customers' information. Future work will seek to identify approaches that could maximize the scope for freedom of expression while nonetheless addressing legitimate governmental interests in national security and public order.
- 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
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
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
Paragraphe
The role of digital access providers 2017, para. 71
- Paragraph text
- Even if local law limits full transparency, companies should nonetheless disclose all relevant and publishable information. For example, if companies are prohibited from disclosing the origin or basis of a shutdown request, they should nevertheless seek to provide regular updates about the services affected or restored, the steps they are taking to address the issue and explanations after the fact. Innovative transparency measures, such as the publication of aggregate data and the selective withholding of information, also mitigate the impact of gag orders and other non-disclosure laws. Companies should disclose all the local laws with which they comply and, where possible, challenge any law or regulation that prevents or hinders them from being transparent to users and the general public.
- 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
- 2017
Paragraphe
The role of digital access providers 2017, para. 61
- Paragraph text
- Human rights engagement with governments, corporate partners and other stakeholders may prevent or mitigate human rights violations down the line. Companies that deal directly with governments should push for human rights safeguards in operating licences and sales contracts, such as assurances that network equipment will not be accessed or modified without the company’s knowledge (which can be for the purpose of facilitating human rights abuses). Timely intervention during litigation (such as amicus filings in cases brought by civil society groups or peer companies against censorship or surveillance laws) and human rights-oriented lobbying in legislative and policymaking processes may also advance legal protections for freedom of expression and privacy.
- 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
- 2017
Paragraphe
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79g (i)
- Paragraph text
- [The Special Rapporteur proposes the following principles for determining the conditions that must be satisfied in order for a limitation or restriction on freedom of expression to be permissible:] Any restrictions imposed on the exercise of a right must be "necessary", which means that the limitation or restriction must: Be based on one of the grounds for limitations recognized by the Covenant;
- 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
- 2010
Paragraphe
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79d
- Paragraph text
- [The Special Rapporteur proposes the following principles for determining the conditions that must be satisfied in order for a limitation or restriction on freedom of expression to be permissible:] Laws imposing restrictions or limitations must be accessible, concrete, clear and unambiguous, such that they can be understood by everyone and applied to everyone. They must also be compatible with international human rights law, with the burden of proving this congruence lying with the State;
- 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
- 2010
Paragraphe
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79l
- Paragraph text
- [The Special Rapporteur proposes the following principles for determining the conditions that must be satisfied in order for a limitation or restriction on freedom of expression to be permissible:] All restrictions and limitations shall be interpreted in the light and context of the particular right concerned. Wherever doubt exists as to the interpretation or scope of a law imposing limitations or restrictions, the protection of fundamental human rights shall be the prevailing consideration.
- 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
- 2010
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. 29e
- Paragraph text
- [In this regard, the Special Rapporteur takes the position that the right to privacy should be subject to the same permissible limitations test as the right to freedom of movement, as elucidated in General Comment 27. The test as expressed in the comment includes, inter alia, the following elements:] For a restriction to be permissible, it is not enough that it serves one of the enumerated legitimate aims. It must be necessary for reaching the legitimate aim (para. 14);
- 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
- 2013
Paragraphe
The role of digital access providers 2017, para. 47
- Paragraph text
- The digital access industry is in the business of digital expression; its commercial viability depends on users who seek, receive and impart information and ideas on the networks it builds and operates. Since privately owned networks are indispensable to the contemporary exercise of freedom of expression, their operators also assume critical social and public functions. The industry’s decisions, whether in response to government demands or rooted in commercial interests, can directly impact freedom of expression and related human rights in both beneficial and detrimental ways.
- 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
- 2017
Paragraphe
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.
- 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
- 2017
Paragraphe
The right to freedom of opinion and expression exercised through the Internet 2011, para. 41
- Paragraph text
- Several States have sought to protect intermediaries through adopting variations on what is known as a "notice-and-takedown" regime. Such a system protects intermediaries from liability, provided that they take down unlawful material when they are made aware of its existence. For example, under the European Union-wide E-Commerce Directive, a provider of hosting services for user-generated content can avoid liability for such content if it does not have actual knowledge of illegal activity and if it expeditiously removes the content in question when made aware of it. Similarly, the Digital Millennium Copyright Act of the United States of America also provides safe harbour for intermediaries, provided that they take down the content in question promptly after notification.
- 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
- 2011
Paragraphe
The right to access information 2013, para. 57
- Paragraph text
- The recurrent use of national security concerns as a justification for the denial of access to various types of information predicates a need to study carefully the promotion of confidentiality on such grounds. Widespread secrecy justified on national security grounds is particularly problematic in the context of investigations of human rights violations because it may represent one of the main obstacles to the clarification of responsibilities and consequences of serious violations, ultimately becoming a barrier to the promotion of justice and reparation.
- 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
Paragraphe
The right to access information 2013, para. 58
- Paragraph text
- Although national security is a legitimate State concern, one of the main challenges faced when information is classified on national security grounds has frequently been the lack of transparency of the process as a whole. In cases of human rights violations, the situation may occur whereby those who decide to classify such information could belong or be linked to the entities allegedly responsible for the violations. The persistent denial of information on human rights violations potentially involving national security bodies often weakens public trust in these institutions, ultimately reversing the alleged justification for secrecy.
- 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
Paragraphe
The right to access information 2013, para. 66a
- Paragraph text
- [The Special Rapporteur wishes to highlight the importance of the references made to the disclosure of information on violations of human rights and humanitarian law, stipulated in section A of principle 10 of the Tshwane Principles, namely:] There is an overriding public interest in disclosure of information regarding gross violations of human rights or serious violations of international humanitarian law, including crimes under international law, and systematic or widespread violations of the rights to personal liberty and security. Such information may not be withheld on national security grounds in any circumstances;
- 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
- Humanitarian
- Personnes concernées
- All
- N.A.
- Année
- 2013
Paragraphe
The right to access information 2013, para. 83
- Paragraph text
- The inclusion of vaguely defined or inappropriate exceptions in national laws on access to information is also a common obstacle that seriously compromises the impact of the instruments. Inappropriate exceptions include, for example, reference to the protection of good relations with other States and intergovernmental organizations. As mentioned above, the widespread and unspecified use of national security concerns as a reason for the denial of access to information is another common occurrence. Some laws explicitly exclude some public bodies from the ambit of national norms, preventing consideration of whether information pertaining to those bodies should be disclosed at all.
- 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
Paragraphe
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 56
- Paragraph text
- Encryption and anonymity, and the security concepts behind them, provide the privacy and security necessary for the exercise of the right to freedom of opinion and expression in the digital age. Such security may be essential for the exercise of other rights, including economic rights, privacy, due process, freedom of peaceful assembly and association, and the right to life and bodily integrity. Because of their importance to the rights to freedom of opinion and expression, restrictions on encryption and anonymity must be strictly limited according to principles of legality, necessity, proportionality and legitimacy in objective. The Special Rapporteur therefore recommends the following.
- 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
- 2015
Paragraphe
Contemporary challenges to freedom of expression 2016, para. 9
- Paragraph text
- Once an individual has shown the existence of a restriction on freedom of expression, the burden falls on the State to demonstrate that it complies with the requirements of human rights law (see Human Rights Committee, general comment No. 34, para. 27). Essential to meeting that burden is a demonstration that the restriction does "not put in jeopardy the right itself" (ibid., para. 21). In keeping with this requirement, in each of the mandate holder's communications States are requested to provide the underlying rationale for an alleged restriction on expression. Communications thus provide the State with an opportunity to show compliance with legal norms, while at the same time giving the mandate holder and other Special Rapporteurs a tool to seek protection of the right and understand the trends concerning exercise of the right.
- 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
Paragraphe
Contemporary challenges to freedom of expression 2016, para. 57e
- Paragraph text
- [Among steps that I would encourage are the following:] State leadership. One of the most disappointing aspects of the current situation for freedom of expression is that many States with strong histories of support for freedom of expression - in law and in their societies - have considered measures liable to abuse in their own countries or to misuse when applied elsewhere. In particular, Governments pursuing new policies to enhance surveillance or to limit Internet security should reconsider those efforts, as they often fail to meet the tests of necessity and proportionality. I strongly urge all States to consider that attacks on security on the Internet pose long-term threats not only to freedom of expression but also to national security and public order itself.
- 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
Paragraphe
Freedom of expression, States and the private sector in the digital age 2016, para. 88
- Paragraph text
- Among the most important steps that private actors should take is the development and implementation of transparent human rights assessment procedures. They should develop and implement policies that take into account their potential impact on human rights. Such assessments should critically review the wide range of private sector activities in which they are engaged, such as the formulation and enforcement of terms of service and community standards on users' freedom of expression, including the outsourcing of such enforcement; the impact of products, services and other commercial initiatives on users' freedom of expression as they are being developed, including design and engineering choices, and plans for differential pricing of or access to Internet content and services; and the human rights impact of doing business with potential government customers, such as the operation of telecommunication infrastructure or the transfer of content-regulation or surveillance technologies.
- 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
- 2016
Paragraphe
Freedom of expression, States and the private sector in the digital age 2016, para. 51
- Paragraph text
- Intermediaries' policies and rules may have significant effects on the freedom of expressionWhile terms of service are the primary source of regulation, design and engineering choices may also affect the delivery of 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
- Civil & Political Rights
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe