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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.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Children
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
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
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.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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".
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- LGBTQI+
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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.
- 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
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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.
- 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
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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.
- 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
- Social & Cultural Rights
- Person(s) affected
- All
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
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).
- 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
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
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).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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.
- 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
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom of expression 2014, para. 64
- Paragraph text
- Children also have participatory rights in the media, and some publications are run entirely by children. In its recommendations arising from the above-mentioned day of general discussion, the Committee on the Rights of the Child promoted children's participatory rights in the media, asserting that students should be enabled to relate to and use the media in a participatory manner, as well as to learn how to decode media messages, including advertising (CRC/C/15/Add.65, para. 256).
- 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
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom of expression 2014, para. 63
- Paragraph text
- In addition to providing budgetary support, States can encourage media organizations to self-regulate the way in which they cover and involve children. The International Federation of Journalists has devised a set of draft guidelines and principles for reporting on issues involving children that have been adopted by journalism organizations in 70 countries. They include provisions on avoiding the use of stereotypes and the sensational presentation of stories involving children.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom of expression 2014, para. 56
- Paragraph text
- The engagement of a new generation of children in politics is beneficial for renewing political culture and increasing participation in elections. Some countries have lowered the minimum voting age to 16 years - a positive start that serves to officially legitimize children's views and encourage their participation in politics. Children of all ages should have the opportunity to be involved, if so they choose, in political processes and consultations on public policy in some way.
- 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
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom of expression 2014, para. 19
- Paragraph text
- The child also has the right to receive information and ideas of all kinds. The Committee on the Rights of the Child does not often refer to this provision in its concluding observations and recommendations. The only emerging principles are that measures must be taken to acquaint children with different cultures, that the media must help children to learn about other civilizations and that steps should be taken to encourage the publication, dissemination and availability of children's literature to all children.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 59
- Paragraph text
- Human rights education should not, however, be limited to schoolchildren. Strong information campaigns by public authorities or others can raise awareness about hate speech and the harm that it causes and about the continued importance of a culture of tolerance and peace and its associated ethics. In some instances, responses to offences under article 20 of the International Covenant on Civil and Political Rights may include such campaigns to spread messages of tolerance and respect for others' rights.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
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. 59
- Paragraph text
- The United Nations Girls' Education Initiative, evolving from the Millennium Villages project, is an example of "e-education" initiatives which also help promote girls' education. This initiative has launched a global campaign to promote universal and equality Internet access in secondary education in developing countries, with an emphasis on girls' education. ICT skills will be used to enhance the quality of education and to connect schoolchildren worldwide.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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. 47
- Paragraph text
- The Special Rapporteur also underscores the importance of educating individuals about Internet safety and security, including fraud, potential consequences of revealing private information on the Internet and the use of encryption or circumvention technologies to protect information from unwarranted interference, which is of particular importance for human rights defenders. Children should also be trained from an early age with regard to Internet safety.
- 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
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 50
- Paragraph text
- The Convention on the Rights of the Child requires Governments to ensure that children are able to exercise their right to freedom of expression (art. 13). The Special Rapporteur considers that freedom of expression is the primary channel for participation and serves as a mechanism for inclusion; this right is therefore necessarily linked to the recognition of and respect for human dignity from childhood onward.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom of expression 2014, para. 69
- Paragraph text
- Nevertheless, Internet use does pose some risks to children. Widely acknowledged risks associated with Internet use include exposure to pornographic material, cybergrooming and cyberbullying.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom of expression 2014, para. 60
- Paragraph text
- In India, members of the Adolescent Girls' Clubs against Child Marriage network help to persuade families not to marry their daughters off at a young age by educating people about the harmful consequences of early marriage. They offer a lifeline not only to girls who want to resist family pressure, but also to parents afraid that going against gender-based expectations will leave their daughters ostracized.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Harmful Practices
- Person(s) affected
- Adolescents
- Children
- Families
- Girls
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom of expression 2014, para. 52
- Paragraph text
- Child protection arguments are part of a new pattern in which children are increasingly used to justify restrictions not only on their access to information, but also on the rights of adults. In many cases, the restrictions are rooted in a genuine, well-meaning desire to protect children from harmful information, while in others they have been used to defend discrimination and censorship.
- 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
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 57
- Paragraph text
- Digital communications and data transmitted or stored on private networks and platforms are increasingly subject to surveillance and other forms of interference, whether by the State or private actors. Unnecessary and disproportionate surveillance may undermine security online and access to information and ideas (see A/HRC/23/40). Surveillance may create a chilling effect on the online expression of ordinary citizens, who may self-censor for fear of being constantly tracked. Surveillance exerts a disproportionate impact on the freedom of expression of a wide range of vulnerable groups, including racial, religious, ethnic, gender and sexual minorities, members of certain political parties, civil society, human rights defenders, professionals such as journalists, lawyers and trade unionists, victims of violence and abuse, and children (see A/HRC/29/32). State capacity to conduct surveillance may depend on the extent to which business enterprises cooperate with or resist such surveillance.
- 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
- Ethnic minorities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The protection of sources and whistle-blowers 2015, para. 29
- Paragraph text
- Protection laws often limit whistle-blowers to those who blow the whistle "in the context of their work-based relationship". However, a person may come into contact with public interest information even when outside such a relationship. The United Nations Convention against Corruption contains no employment limitation. Broad definitions are also found in, for example, Ghanaian law, which protects employees and "any person" making a disclosure, and Indian law, which covers "any public servant or any other person including any non-governmental organisation". Non-work-related whistle-blowers may include patients who blow the whistle on wrongdoing in a hospital, parents who blow the whistle on wrongdoing in a child's school and students themselves. Typically, a whistle-blower will enjoy a work status, but because of the range of others who may report wrongdoing allegations, such as consultants, interns, job applicants, students, patients and others who do not enjoy a legally protected relationship with an organization, such a limitation is not recommended.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph