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Access to information in international organizations 2017, para. 11
- Paragraph text
- From the early days of the mandate’s work, Special Rapporteurs have elaborated on the right to information. In only the second report of the mandate, the Special Rapporteur highlighted the “vitally important” roles served by the right to information (E/CN.4/1995/32, para. 135), and the 1998 report emphasized that “the right to access to information held by the Government must be the rule rather than the exception”. The 1998 report also noted a specific right to information about “State security” and, in a notable statement, raised concerns about government prosecution of civil servants who disclose “information which has been classified”, adding that Governments “continue to classify far more information than could be considered necessary”. By this the Special Rapporteur meant that Governments should only withhold material in which “serious harm to the State’s interest is unavoidable if the information is made public and that this harm outweighs the harm to the rights of opinion, expression and information”. He concluded, “The tendency to classify or withhold information on the basis of, for example, ‘Cabinet confidentiality’ is too often the practice, which adversely affects access to information” (E/CN.4/1998/40, paras. 12 and 13).
- 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
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Contemporary challenges to freedom of expression 2016, para. 57a
- Paragraph text
- [Among steps that I would encourage are the following:] Review and, where necessary, revise national laws. National legislation increasingly adopts overly broad definitions of key terms, such as terrorism, national security, extremism and hate speech, that fail to limit the discretion of executive authorities. Legislation often limits the role of judicial or independent and public oversight. Proponents often give limited demonstration of how new legal rules are necessary to protect legitimate interests and proportionately address specific threats, and the legislative process often limits public engagement and debate. I would urge all States considering new legislation to ensure that their laws meet these requirements, and I encourage States to implement regular public oversight of laws that implicate freedom of expression to ensure that they meet the tests of legality, legitimacy and necessity. Where possible, States should not only adopt legal frameworks but also implement training, particularly among independent oversight bodies, of the principles of 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
- Governance & Rule of Law
- Person(s) affected
- N.A.
- 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. 61
- Paragraph text
- States, international organizations, corporations and civil society groups should promote online security. Given the relevance of new communication technologies in the promotion of human rights and development, all those involved should systematically promote access to encryption and anonymity without discrimination. The Special Rapporteur urgently calls upon entities of the United Nations system, especially those involved in human rights and humanitarian protection, to support the use of communication security tools in order to ensure that those who interact with them may do so securely. United Nations entities must revise their communication practices and tools and invest resources in enhancing security and confidentiality for the multiple stakeholders interacting with the Organization through digital communications. Particular attention must be paid by human rights protection mechanisms when requesting and managing information received from civil society and witnesses and victims of 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
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2015
- 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. 27
- Paragraph text
- Corporations in a variety of sectors play roles in advancing or interfering with privacy, opinion and expression, including encryption and anonymity. Much online communication (and virtually all of it in some countries) is carried on networks owned and operated by private corporations, while other corporations own and manage websites with substantial user-generated content. Others are active players in the surveillance and spyware markets, providing hardware and software to Governments to compromise the security of individuals online. Others develop and provide services for secure and private online storage. Telecommunications entities, Internet service providers, search engines, cloud services and many other corporate actors, often described as intermediaries, promote, regulate or compromise privacy and expression online. Intermediaries may store massive volumes of user data, to which Governments often demand access. Encryption and anonymity may be promoted or compromised by each of these corporate actors.
- 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
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 73
- Paragraph text
- Described below are the principles developed to guide the design and implementation of national legislation on access to information, in addition to common obstacles to the implementation of such laws.
- 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
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Access to information in international organizations 2017, para. 63c
- Paragraph text
- [Civil society organizations, the media and members of the public should:] Share information with other organizations and with the Special Rapporteur about the experience of engaging with intergovernmental organizations in the development of access policies.
- 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
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to information in international organizations 2017, para. 63b
- Paragraph text
- [Civil society organizations, the media and members of the public should:] Make requests for information from intergovernmental organizations as soon as possible, even before the development of access policies, in order to determine the way in which they currently handle such formal requests;
- 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
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to information in international organizations 2017, para. 63a
- Paragraph text
- [Civil society organizations, the media and members of the public should:] Engage directly and seek a formal role with intergovernmental organizations in the process of development of access to information policies, including by identifying for them the key areas of interest in 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
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The role of digital access providers 2017, para. 80
- Paragraph text
- The protective role that States may exercise over the private sector can only go so far. They should not be promoting the economic gain of private entities over users’ rights to freedom of opinion and expression. Thus, States should prohibit attempts to assign priority to certain types of Internet content or applications over others for payment or other commercial benefits.
- 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
- All
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The role of digital access providers 2017, para. 7
- Paragraph text
- The government actions described below often fail to meet the standards of human rights law. Moreover, a lack of transparency pervades government interferences with the digital access industry. Failures of transparency include vague laws providing excessive discretion to authorities, legal restrictions on third party disclosures concerning government access to user data and specific gag orders. The lack of transparency undermines the rule of law as well as public understanding across this sector.
- 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
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 62
- Paragraph text
- Since the Special Rapporteur reported on the importance of encryption and anonymity for protecting freedom of opinion and expression, government pressure on corporations to compromise the security of their customers' digital devices, communications and information has grown. A range of private entities, from hardware manufacturers to e-mail services to messaging services, have been taking measures to develop and implement technologies that enhance user security, anonymity and privacy. These measures include end-to-end encryption for digital communications, disk encryption and timely software updates to close security loopholes. In response, States are seeking to compel companies to create or exploit technical loopholes in their products and services on their behalf. In the United States, for example, the Federal Bureau of Investigation applied to a federal court to compel Apple to create software that facilitates access to a suspect's iPhone in a terrorism investigation. The Investigative Powers Bill introduced before the British Parliament on 1 March 2016 would authorize intelligence services to apply for a warrant that requires private entities to "secure interference with any equipment for the purpose of obtaining communications […] equipment data and any other 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
- Governance & Rule of Law
- Person(s) affected
- N.A.
- 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. 58
- Paragraph text
- Discussions of encryption and anonymity have all too often focused only on their potential use for criminal purposes in times of terrorism. But emergency situations do not relieve States of the obligation to ensure respect for international human rights law. Legislative proposals for the revision or adoption of restrictions on individual security online should be subject to public debate and adopted according to regular, public, informed and transparent legislative process. States must promote effective participation of a wide variety of civil society actors and minority groups in such debate and processes and avoid adopting such legislation under accelerated legislative procedures. General debate should highlight the protection that encryption and anonymity provide, especially to the groups most at risk of unlawful interferences. Any such debate must also take into account that restrictions are subject to strict tests: if they interfere with the right to hold opinions, restrictions must not be adopted. Restrictions on privacy that limit freedom of expression - for purposes of the present report, restrictions on encryption and anonymity - must be provided by law and be necessary and proportionate to achieve one of a small number of legitimate objectives.
- 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The protection of sources and whistle-blowers 2015, para. 11
- Paragraph text
- Third, restrictions on access to information must not be left to the sole discretion of authorities. Restrictions must be drafted clearly and narrowly, designed to give guidance to authorities, and subjected to independent judicial oversight (see A/HRC/29/32, paras. 29-33). Layers of internal governmental oversight should ensure that restrictions on access to information meet the standards of article 19 and related national laws.
- 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
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression in electoral contexts 2014, para. 33
- Paragraph text
- The enjoyment of the right to freedom of opinion and expression in electoral processes can be jeopardized through numerous overlapping legal and practical State measures. In the present section some of the primary threats to freedom of opinion and expression during electoral processes are identified.
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 81
- Paragraph text
- There are concerns regarding the inclusion of unnecessary procedural formalities that unreasonably restrict possibilities for submitting demands for information. This can include, for example, requirements for those who request information to show a specific legal interest or to submit separate requests to each of the multiple entities involved in providing a response to a given request.
- 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
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 76b
- Paragraph text
- [The core principles include:] Obligation to publish. Freedom of information implies not only that public bodies accede to requests for information, but also that they widely publish and disseminate documents of significant public interest, subject only to reasonable limits based on resources and capacity;
- 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
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 76a
- Paragraph text
- [The core principles include:] Maximum disclosure. National legislation on access to information should be guided by the principle of maximum disclosure. All information held by public bodies should be subject to disclosure and this presumption may be overcome only in very limited circumstances;
- 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
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 72
- Paragraph text
- Acknowledging the relevance of access to information in democratization and development efforts, international organizations have encouraged the adoption of national norms regulating access to information and produced publications aimed at assisting national processes with, for example, a description of the features of a freedom of information regime and tools for measuring the impact of right to information models.
- 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
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 49
- Paragraph text
- The Special Rapporteur has, in previous reports, examined limitations to the right to freedom of opinion and expression and proposed a set of general principles for determining the conditions that must be satisfied for a limitation or a restriction to freedom of expression to be permissible, which he considers to be generally applicable (A/HRC/14/23, para. 79, and A/67/357, paras. 41-46).
- 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
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 48
- Paragraph text
- As with aspects of the right to freedom of expression, the right to access information is subject to limitations. Article 19 (3) of the International Covenant on Civil and Political Rights sets out the areas in which restrictions are permissible. These, and the conditions under which they can be applied, were further addressed in some detail by the Human Rights Committee in its general comment No. 34 (CCPR/C/GC/34, para. 22).
- 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
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 27
- Paragraph text
- Moreover, the existing human rights protection systems, at both the international and regional levels, have on a number of occasions also been confronted with the question of access to information in the context of human rights violations and have, over the years, outlined the obligations of States concerning several aspects of that right.
- 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
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 94
- Paragraph text
- The adoption of national laws protecting access to information in all regions of the world is a positive step that reflects international human rights principles and norms. These processes, however, have mostly been disconnected from the debate on the right to truth and a number of obstacles to access information relating to past and present human rights violations persist.
- 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
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 87
- Paragraph text
- The Special Rapporteur thus calls on all States to repeal criminal defamation provisions allowing prosecution of authors of media content, as well as to limit civil law penalties for defamation so that it is proportionate to the harm done. He emphasizes that criminal prosecution for defamation inevitably becomes a mechanism of political censorship, which contradicts freedom of expression and of the press.
- 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
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 85
- Paragraph text
- Even in countries where defamation is classified as a civil tort, the financial sanctions imposed may be high and disproportionate, which can bankrupt small and independent media and have adverse consequences on media freedom in a country.
- 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
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 45f
- Paragraph text
- [The threshold of the types of expression that would fall under the provisions of article 20 (2) should be high and solid. An important contribution in determining the appropriate threshold has been made by ARTICLE 19, a non-governmental organization, which has proposed a seven-part test using the following elements:] Imminence of the acts called for by the speech;
- 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
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 45d
- Paragraph text
- [The threshold of the types of expression that would fall under the provisions of article 20 (2) should be high and solid. An important contribution in determining the appropriate threshold has been made by ARTICLE 19, a non-governmental organization, which has proposed a seven-part test using the following elements:] Extent of the speech, in terms of its reach and the size of the audience;
- 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
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 45b
- Paragraph text
- [The threshold of the types of expression that would fall under the provisions of article 20 (2) should be high and solid. An important contribution in determining the appropriate threshold has been made by ARTICLE 19, a non-governmental organization, which has proposed a seven-part test using the following elements:] Intent of the speaker to incite discrimination, hostility or violence;
- 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
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 44b
- Paragraph text
- [Moreover, attention is drawn to the following definitions that have been developed through consultations of experts and discussed at the OHCHR regional expert workshops on incitement:] Advocacy is explicit, intentional, public and active support and promotion of hatred towards the target group;15
- 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
- N.A.
- 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. 116
- Paragraph text
- The Special Rapporteur reiterates his view that it is conceptually incorrect to present the issue of "defamation of religions" in the abstract as a conflict between the right to freedom of religion or belief and the right to 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
- Person(s) affected
- N.A.
- 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. 102
- Paragraph text
- The Special Rapporteur also believes that, if a community-based medium has violated an administrative provision, it is within the administrative framework that a solution should be found; criminal law should not be applied, and community-based communicators should not be criminalized, since this severely limits 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
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph