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The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 60
- Paragraph text
- States should not restrict encryption and anonymity, which facilitate and often enable the rights to freedom of opinion and expression. Blanket prohibitions fail to be necessary and proportionate. States should avoid all measures that weaken the security that individuals may enjoy online, such as backdoors, weak encryption standards and key escrows. In addition, States should refrain from making the identification of users a condition for access to digital communications and online services and requiring SIM card registration for mobile users. Corporate actors should likewise consider their own policies that restrict encryption and anonymity (including through the use of pseudonyms). Court-ordered decryption, subject to domestic and international law, may only be permissible when it results from transparent and publicly accessible laws applied solely on a targeted, case-by-case basis to individuals (i.e., not to a mass of people) and subject to judicial warrant and the protection of due process rights of individuals.
- 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
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 74
- Paragraph text
- Lastly, ensuring accountability for what is reported in the media also remains important. For example, the open journalism paradigm promoted by the Guardian newspaper in the United Kingdom of Great Britain and Northern Ireland encourages two-way interaction between journalists and the audience online, which has reinserted journalists' willingness to engage in debate and be accountable for what they do into the core of journalism. At the very minimum, media outlets and journalists should adopt voluntary ethical codes and standards that do not allow hate speech and promote high standards of professional journalism, in addition to establishing independent and self-regulatory bodies to elevate standards of journalism and to ensure the accountability of all media professionals. Self-regulatory bodies should be seen not only as an exercise in policing and dispute resolution, but also as an opportunity to involve society at large in debates about the role and contribution of the media, to monitor the state of the media, to advocate professional journalism and to promote media literacy. Such bodies can also play a proactive and exemplary role in setting and reinforcing ethical standards for online content and the social media.
- 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
- Year
- 2012
- 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. 36
- Paragraph text
- The trend lines regarding security and privacy online are deeply worrying. States often fail to provide public justification to support restrictions. Encrypted and anonymous communications may frustrate law enforcement and counter-terrorism officials, and they complicate surveillance, but State authorities have not generally identified situations - even in general terms, given the potential need for confidentiality - where a restriction has been necessary to achieve a legitimate goal. States downplay the value of traditional non-digital tools in law enforcement and counter-terrorism efforts, including transnational cooperation. As a consequence, the public lacks an opportunity to measure whether restrictions on their online security would be justified by any real gains in national security and crime prevention. Efforts to restrict encryption and anonymity also tend to be quick reactions to terrorism, even when the attackers themselves are not alleged to have used encryption or anonymity to plan or carry out an attack. Moreover, even where the restriction is arguably in pursuit of a legitimate interest, many laws and policies regularly do not meet the standards of necessity and proportionality and have broad, deleterious effects on the ability of all individuals to exercise freely their rights to privacy and freedom of opinion and 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)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The protection of sources and whistle-blowers 2015, para. 18
- Paragraph text
- Today, journalists and other "social communicators" may claim the right of confidentiality for the source. Persons other than journalists inform the public and carry out a "vital public watchdog role". International bodies increasingly use terms more general than "journalist", such as "media professionals" or "media workers". The African Commission on Human and Peoples' Rights refers to "media practitioners" and the Organization for Security and Cooperation in Europe Representative on Freedom of the Media refers to "new participants in journalism". All those terms demonstrate an understanding that those performing the same journalistic functions should enjoy the right to protect sources. The Council of Europe has defined the term "journalist" functionally as "any natural or legal person who is regularly or professionally engaged in the collection and dissemination of information to the public via any means of mass communication". For the purposes of source protection - when, as the Norwegian Supreme Court has noted, the broadest protection should be available - any person or entity involved in collecting or gathering information with the intent to publish or otherwise disseminate it publicly should be permitted to claim the right to protect a source's confidentiality. Regular, professional engagement may indicate protection, but its absence should not be a presumptive bar to those who collect information for public dissemination.
- 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
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression in electoral contexts 2014, para. 74
- Paragraph text
- Exit polling, where voters are surveyed upon exiting a polling booth, are also considered risky when their results are reported while votes are being counted. Thus, many countries prevent the publication of exit polls until the conclusion of voting.
- 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
- Year
- 2014
- 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. 70
- Paragraph text
- A further initiative preventing communications anonymity is the gradual adoption of policies that require the registration of SIM cards with a subscriber's real name or government-issued identity document. In 48 countries in Africa, laws requiring individuals to register their personal information with their network provider prior to activation of pre-paid SIM cards are reportedly facilitating the establishment of extensive databases of user information, eradicating the potential for anonymity of communications, enabling location-tracking, and simplifying communications surveillance. In the absence of data protection legislation, SIM users' information can be shared with Government departments and matched with other private and public databases, enabling the State to create comprehensive profiles of individual citizens. Individuals are also at risk of being excluded from use of mobile phone services (which may enable not only communication but also access to financial services) if they are unable or unwilling to provide identification to register.
- 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
- 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. 69
- Paragraph text
- Individuals are now also required to use their real names online in many States, and to provide official identification in order to establish their identity. In the Republic of Korea, the Information Communications Law, adopted in 2007, required users to register their real names before accessing websites with more than 100,000 visitors per day, ostensibly in order to reduce online bullying and hate speech. The law was recently overturned by the Constitutional Court on the basis that it restricted freedom of speech and undermined democracy. China recently adopted the Decision to Strengthen the Protection of Online Information, requiring Internet and telecommunications providers to collect personal information about users when they sign up for Internet access, landline, or mobile phone service. Service providers allowing users to publish online are required to be able to link screen names and real identities. These real name registration requirements allow authorities to more easily identify online commentators or tie mobile use to specific individuals, eradicating anonymous 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
- Governance & Rule of Law
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 47
- Paragraph text
- Lastly, the circulation of false information has been considered in certain cases to be a violation in itself, especially where individuals or groups of individuals have been submitted to odium, stigmatization, public scorn, persecution or discrimination by means of public declarations by public officials.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 95
- Paragraph text
- The presence of such risks deters journalists from continuing their work, or encourages self-censorship on sensitive matters. Consequently, society as a whole may not be able to access important information.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 77
- Paragraph text
- Combating impunity and ensuring the protection of journalists requires strengthening respect for the rule of law and ensuring that the domestic legal framework and institutions promote the right to freedom of expression and support the establishment of free, independent and pluralistic media. The Special Rapporteur notes with concern the continuing existence and application of domestic legislation which criminalize 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)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 55
- Paragraph text
- In addition to articles 19 of the Declaration and of the Covenant, which protect the right of journalists to seek, receive and impart information and ideas of any kind through any medium of communication, journalists are also protected under other provisions in international human rights law, including the right to life, freedom from torture and arbitrary arrests and detention, and the right to an effective remedy.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 64
- Paragraph text
- A special responsibility to denounce instances of hate speech continues to rest with public officials, however. Clear, formal rejections of hate speech by high-level public officials and initiatives to engage in interreligious or intercultural dialogue play an important role in alleviating tensions and building a culture of tolerance and respect without resorting to censorship. For example, following the publication by the Danish newspaper Jyllands-Posten on 30 September 2005 of cartoons depicting the Prophet Muhammad in a derogatory manner, 11 ambassadors from Muslim-majority countries requested a meeting with the Prime Minister. The request was not granted, however, meaning that an early and important opportunity to defuse tension and to prevent a spiral of violence was missed. In contrast, when Geert Wilders, a member of the parliament of the Netherlands, released his controversial online film, Fitna, on 27 March 2008, the Government acted swiftly to distance itself from the film and to reject the equation of Islam with violence, which was welcomed in the joint press statement issued on 28 March 2008 by the Special Rapporteur, the Special Rapporteur on freedom of religion or belief and the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance. Interestingly, the film attracted little controversy.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 50c
- Paragraph text
- [In any case, the Special Rapporteur reiterates that all hate speech laws should, at the very least, conform to the following elements outlined in the 2001 joint statement on racism and the media:] The right of journalists to decide how best to communicate information and ideas to the public should be respected, in particular when they are reporting on racism and intolerance;
- 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
- Year
- 2012
- 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. 99
- Paragraph text
- In the aforementioned resolution, the Security Council also urges all parties involved in situations of conflict to respect the professional independence and rights of journalists, media professionals and associated personnel as civilians.
- 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
- Humanitarian
- 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. 97
- Paragraph text
- The Special Rapporteur must also draw attention to the serious risk that exercising freedom of the press in a professional, objective and pluralistic manner constitutes in areas of conflict, where journalists have come to be seen by the parties to the conflict as just another target.
- 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
- Humanitarian
- 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. 92
- Paragraph text
- The high-risk conditions in which journalists carry out their work, as evidenced by the threats and assaults to which they constantly fall victim, are also a matter of concern.
- 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
- 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. 61
- Paragraph text
- Consequently, the Special Rapporteur encourages the mass media to ensure that they have a representative and diverse staff. He also urges the press and mass media to provide coverage that creates an atmosphere of respect for cultural diversity and multiculturalism.
- 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
- Social & Cultural Rights
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 61
- Paragraph text
- The Special Rapporteur intends to submit a full thematic report to the Human Rights Council on the issue of freedom of expression on the Internet. However, in the present report, the Special Rapporteur would like to highlight the phenomenon of citizen journalism and the risks that non-professional journalists also encounter in exercising their legitimate right to 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)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression in electoral contexts 2014, para. 38
- Paragraph text
- Restrictions on political expression take a variety of forms - from defamation and slander laws, to blanket bans on critical expression relating to incumbent politicians, to the prohibition of whole media sources, outlets and websites - and impact not only the individuals or groups which might run afoul of them, but the media outlets or intermediaries that publish restricted, or what is considered to be illegal, political 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)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 53
- Paragraph text
- Another threat to the freedom of journalists and to press freedom is the increasing use of criminal law on defamation, slander or libel by public officials to silence criticism regarding their personal activities or public policies. The mere use of such "judicial harassment" generates a climate of fear and a "chilling effect" which encourages self-censorship. This issue is further explored under section D below on criminalization 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)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 117
- Paragraph text
- The Special Rapporteur welcomes the support for freedom of expression and the protection of journalists in different regional mechanisms, as well as measures taken, such as the establishment of Special Rapporteurs. In cases where regional actors have not yet set standards for the protection of journalists, the Special Rapporteur encourages them to do so in consonance with those already existing at the international level.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 93
- Paragraph text
- For States emerging from conflict situations, United Nations entities should consider providing assistance to States to establish robust democratic institutions and effective judicial and administrative mechanisms which would enhance their ability to protect and guarantee the rights of all individuals, including journalists, and to create favourable conditions to promote and protect the right to 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
- Governance & Rule of Law
- Humanitarian
- Year
- 2010
- 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. 9
- Paragraph text
- Notably, encryption protects the content of communications but not identifying factors such as the Internet Protocol (IP) address, known as metadata. Third parties may gather significant information concerning an individual's identity through metadata analysis if the user does not employ anonymity tools. Anonymity is the condition of avoiding identification. A common human desire to protect one's identity from the crowd, anonymity may liberate a user to explore and impart ideas and opinions more than she would using her actual identity. Individuals online may adopt pseudonyms (or, for instance, fake e-mail or social media accounts) to hide their identities, image, voice, location and so forth, but the privacy afforded through such pseudonyms is superficial and easily disturbed by Governments or others with the necessary expertise; in the absence of combinations of encryption and anonymizing tools, the digital traces that users leave behind render their identities easily discoverable. Users seeking to ensure full anonymity or mask their identity (such as hiding the original IP address) against State or criminal intrusion may use tools such as virtual private networks (VPNs), proxy services, anonymizing networks and software, and peer-to-peer networks. One well-known anonymity tool, the Tor network, deploys more than 6,000 decentralized computer servers around the world to receive and relay data multiple times so as to hide identifying information about the end points, creating strong anonymity for its 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)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression in electoral contexts 2014, para. 83c
- Paragraph text
- [Accountability mechanisms are a crucial means of ensuring that regulatory frameworks are enforced and abuses of power are rectified. Impunity is a root cause of the lack of safety faced by journalists. In the context of promoting free expression during electoral processes, States should:] Call on journalists and the media to seek the highest standards of professionalism and ethics through the promotion of self-regulation.
- 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
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 109
- Paragraph text
- Journalists working both offline and online should be free to use diverse sources of information, including from those who do not wish to be identified. Journalists should never be forced to reveal their sources except for certain exceptional cases where the interests of investigating a serious crime or protecting the life of other individuals prevail over the possible risk to the source. Such pressing needs must be clearly demonstrated and ordered by an independent court.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 29
- Paragraph text
- In the Americas, there have been instances of incitement to racial and religious hatred and manifestations of religious intolerance. For example, in the Bolivarian Republic of Venezuela, there has been violence against members of the Catholic and Jewish communities, while in the United States, there have been instances of religious hatred or intolerance towards Islam, including plans by members of a Floridian church, the Dove World Outreach Center, to burn copies of the Koran.
- 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
- Social & Cultural Rights
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 72
- Paragraph text
- All these factors have made the work of journalists as information providers increasingly challenging. If the media are to fulfil their primarily role of informing society, which is a crucial prerequisite in combating hate speech, a principled return to ethical journalism is urgently required. Moreover, it is essential that information regarding the media landscape of each country be made available publicly, including information on media ownership and sources of revenue.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 97
- Paragraph text
- News organizations also have a responsibility to ensure that journalists and associated media personnel are provided with proper safety training and equipment in peacetime and in conflict so that they are prepared to confront the risks inherent in war zones, and to provide confidential professional counselling to journalists and media personnel who have experienced trauma and other forms of extreme stress in the course of their duties.
- 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
- Humanitarian
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Access to information in international organizations 2017, para. 1
- Paragraph text
- The workings of international organizations, including the United Nations, are deeply opaque to most people. Apart from the work of their highest profile bodies, what they do and how they do it is largely hidden from public view. In such an environment, how does information of legitimate interest to the public get disclosed? How does the general public, including citizens, students, journalists, scholars, activists, parliamentarians and even representatives of Member States, keep track of how the United Nations and other intergovernmental organizations operate and how international civil servants comply with their obligations? What policies, if any, direct international officials to share information? What standards do international officials rely upon when deciding whether to withhold information? In general, how do intergovernmental organizations ensure their own compliance with the human rights norm guaranteeing everyone the right to seek and receive information of all kinds, especially information held by public authorities?
- 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
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The role of digital access providers 2017, para. 49
- Paragraph text
- The Guiding Principles seek to address the gaps in corporate accountability left because of a lack of national legislation or implementation. However, zealous enforcement of domestic law also poses human rights challenges in the digital access industry. For example, States may hold providers liable for, or otherwise pressure them to restrict, Internet content posted by users on their networks, under laws as varied as hate speech, defamation, cybercrime and lese-majesty. Yet such intermediary liability creates a strong incentive to censor: providers may find it safest not to challenge such regulation but to over-regulate content such that legitimate and lawful expression also ends up restricted. The pressure to assist in State censorship and surveillance also escalates when authorities harass, threaten or arrest employees, or attempt to tamper with the company’s networks or equipment.
- 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
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph