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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.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Contemporary challenges to freedom of expression 2016, para. 33
- Paragraph text
- Closely related to these grounds are charges under lese-majesty laws and both criminal and civil defamation. Thailand, for instance, regularly detains and prosecutes people on the grounds of criticizing the royal family, imposing sentences that may reach to decades. The Government argues that the law "gives protection to the rights or reputations" of members of the royal family "in a similar way libel law does for commoners", without acknowledging the high value placed on expression directed towards matters of politics, governance and public life. National laws also allow such prosecutions in other societies with royal families, such as in the Netherlands. Just as such laws that criminalize criticism of government officials or royalty are manifestly inconsistent with freedom of expression, and unjustifiable under article 19 (3), so too are laws that criminalize insults or criticism of foreign officials. In 2016, the Representative on Freedom of the Media of the Organization for Security and Cooperation in Europe urged Governments to repeal laws that shield foreign leaders from criticism solely because of their function or status. I share the concern of the Human Rights Council with respect to the "abuse of legal provisions on defamation and criminal libel" (see Council resolution 12/16) and believe that any criminal penalties or excessive civil penalties for defamation are generally inconsistent with article 19 and should be repealed.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 16
- Paragraph text
- Encryption and anonymity provide individuals and groups with a zone of privacy online to hold opinions and exercise freedom of expression without arbitrary and unlawful interference or attacks. The previous mandate holder noted that the rights to "privacy and freedom of expression are interlinked" and found that encryption and anonymity are protected because of the critical role they can play in securing those rights (A/HRC/23/40 and Corr.1). Echoing article 12 of the Universal Declaration of Human Rights, article 17 of the International Covenant on Civil and Political Rights specifically protects the individual against "arbitrary or unlawful interference with his or her privacy, family, home or correspondence" and "unlawful attacks on his or her honour and reputation", and provides that "everyone has the right to the protection of the law against such interference or attacks". The General Assembly, the United Nations High Commissioner for Human Rights and special procedure mandate holders have recognized that privacy is a gateway to the enjoyment of other rights, particularly the freedom of opinion and expression (see General Assembly resolution 68/167, A/HRC/13/37 and Human Rights Council resolution 20/8).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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. 25
- Paragraph text
- The Human Rights Committee analysed the content of the right to privacy (art. 17) in its General Comment No. 16 (1988), according to which article 17 aims to protect individuals from any unlawful and arbitrary interferences with their privacy, family, home, or correspondence, and national legal frameworks must provide for the protection of this right. This provision imposes specific obligations relating to the protection of privacy in communications, underlining that "correspondence should be delivered to the addressee without interception and without being opened or otherwise read. "Surveillance, whether electronic or otherwise, interceptions of telephonic, telegraphic and other forms of communication, wire-tapping and recording of conversations, should be prohibited." The General Comment also indicates that "the gathering and holding of personal information on computers, data banks and other devices, whether by public authorities or private individuals or bodies, must be regulated by law." At the time this General Comment was adopted, the impact of advances in information and communications technologies on the right to privacy was barely understood.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 41
- Paragraph text
- Human rights bodies at the global and regional levels have in a number of instances concluded that States should carry out investigations and provide information on serious human rights violations to victims or their family members and, in particular, ensure that those responsible do not go unpunished and that the victims obtain redress through the courts.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 31
- Paragraph text
- Global and regional bodies for the protection of human rights have addressed the right to truth both from an individual perspective (the rights of victims and their families to know the truth about violations affecting their lives) and from a collective perspective (the right of society as a whole to know and the obligation of States to inform society of past violations).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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. 65
- Paragraph text
- In order to increase the storage of communications data that they are able to access, some States are adopting mandatory data retention laws requiring Internet and telecom service providers (collectively, "communications service providers") continuously to collect and preserve communications content and information about users' online activities. Such laws enable the compilation of historical records about individuals' e-mails and messages, locations, interactions with friends and family, etc.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 29
- Paragraph text
- In addition, in the context of serious human rights violations, there is a particular obligation which requires States to inform not only the victims and their families but also society as a whole of what has happened.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 16
- Paragraph text
- The European Court of Human Rights has also recognized the importance of the right of victims and families to know the truth, in particular with regard to circumstances or events relating to serious violations of fundamental rights, such as the right to life.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The protection of sources and whistle-blowers 2015, para. 41
- Paragraph text
- Without protection against retaliation and the possibility of redress, few would disclose wrongdoing. Protection should be detailed explicitly in law, providing whistle-blowers and others with clarity about the nature of the protection that they may seek. In particular, whistle-blowers must be protected against coercion or harassment of themselves or their families, discrimination, physical harm to a person or property, threats of retaliation, job loss, suspension or demotion, transfer or other hardship, disciplinary penalty, blacklisting or prosecution on grounds of breach of secrecy laws, libel or defamation. In the event of investigation or prosecution, whistle-blowers should be permitted to raise all of the principles identified above in their defence, especially that the disclosure was to protect a specified public interest that outweighed harm to a governmental interest. Whistle-blower laws should provide a mechanism to redress wrongdoing and prohibit those forms of retaliation, among others.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom of expression 2014, para. 81
- Paragraph text
- Despite the almost universal ratification of the Convention on the Rights of the Child, too little has been done to give effect to the right of children to freedom of expression and many obstacles to the realization of this right for children remain. Unchallenged authoritarian attitudes frequently shape the relationship between adults and children in schools and within families. More worryingly, as communications technologies evolve, some States have adopted disproportionate restrictions on freedom of expression, presenting them as measures to protect children from harm while, in effect, they limit the rights of children and adults.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom of expression 2014, para. 78
- Paragraph text
- More research is needed to clarify the role of the Internet in the exercise of the rights of the child, in particular with regard to how children use the Internet, how they can learn to do so safely and how the Internet can be viewed as a positive rather than a destructive tool by parents, caregivers and States. It is also important that current restrictions on Internet use be looked at carefully and critically in order to uncover potentially negative consequences for children and adults, encourage practical solutions to Internet safety concerns and maximize opportunities for children on the Internet.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 44
- Paragraph text
- As described above, the right of victims and their families to access information and know the truth has different aspects and principles.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 42
- Paragraph text
- The Inter-American Court has developed extensive jurisprudence regarding the various aspects of the right to know and to seek and receive information in the context of human rights violations. The Court has consistently recognized victims' and/or their families' rights to access information regarding violations suffered. In its findings, the Court has often associated the right to seek and receive information with basic human rights and State obligations, such as the obligation of the State to protect and ensure human rights, and the right to judicial protection and a fair trial and/or due diligence guarantees.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 40
- Paragraph text
- In the context of human rights violations, and especially in cases of serious violations, the rights of victims and their families to access information can have several aspects. First, gaining access to information regarding the circumstances surrounding a human rights violation is usually essential in order to give effect to other rights, such as due process, guarantees to a fair trial and the right to a remedy. Moreover, clarifying what occurred is in itself one of the elements of reparations for victims and family members. Lastly, in cases of violations such as disappearances, the violation is continuing and ceases only once family members are able to ascertain the facts and determine the fate of the disappeared person. The refusal of the State to provide information, or the provision by it of false information, constitutes an additional violation because it prolongs and deepens the anguish, in addition to the moral and emotional pain.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 36
- Paragraph text
- As mentioned above, the right to truth affects and has many implications for other rights; for example, (a) it is in itself part of the reparation for the victims and their families, and it honours the memory of the victims; (b) it is the first step in eliminating impunity and striving towards the right to justice and reparation; (c) it is part of the guarantee of non-repetition; (d) it is essential for the individual and his or her social and mental health recovery; (e) it is part of the reconstruction of the social network of relationships, peaceful coexistence and reconciliation; and (f) it is part of the historical heritage of a nation and is, therefore, open to academic research and investigative journalism. Only people who have the right to fully acknowledge their past can be truly free to define their future.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 15
- Paragraph text
- International human rights bodies and mechanisms have recognized and developed the right to truth as a distinct right. Principle 4 of the updated set of principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/2005/102/Add.1) notes the existence of the right to know the truth, irrespective of any legal proceedings. Both the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights have noted the importance of this right, separately from judicial proceedings. The Inter American Commission has stated that the right to know the truth is a collective right which ensures society access to information that is essential for the workings of democratic systems, and is also a private right for relatives of the victims, which affords a form of compensation, in particular, in cases in which amnesty laws are adopted.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 92
- Paragraph text
- In this context, the Special Rapporteur concludes that the right to access information on human rights violations, as enshrined by the right to freedom of expression, should be considered to be part of the right to truth in all circumstances - whether it relates to past or present situations, is claimed by victims, their relatives or by anyone in the name of public interest, in situations of political transition or not, and irrespective of the existence of legal proceedings, including when judicial action has expired.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 88
- Paragraph text
- Over the past three decades, the right to truth has most often been invoked in situations relating to the failure of the State to ensure accountability for systematic violations of human rights and to provide appropriate reparations. It has also commonly been related to the right of victims and their relatives to demand investigations and information as a first step in achieving justice. As international jurisprudence has evolved, it has become evident that the right to truth has also a clear, collective dimension. There is a shared interest in the clarification of human rights violations and in the dissemination of information on the context in which they occurred, especially so as to re-establish trust in State institutions and to ensure non-repetition of the violations. The realization of the right to truth, at both the individual and the collective levels, requires access to and, often, also the dissemination of information on human rights violations.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 64
- Paragraph text
- Whether at the scene of a dramatic event or documenting and disseminating sensitive information, even during times of peace, citizen journalists often face risks similar to those faced by professional journalists, including acts of reprisal for their reporting activities. Citizen journalists have been subjected to acts of harassment and intimidation, including death threats, attacks against their physical integrity, arbitrary arrest and detention, prosecution, prison sentences and/or fines, and even assassination. Acts of harassment and intimidation often include repeated and unsupported police summonses, the targeting of their families, smear campaigns to discredit them and travel bans and other restrictions on movement.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Families
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
20 shown of 20 entities