This article is also available in:
Deutsch: UN-Bericht nimmt Online-Zensur unter die Lupe
The right to seek, receive and impart information, and the right to express oneself freely - rights which enable the exercise of a range of other human rights - are increasingly being limited by impediments in online communications, according to a report by the United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue.
EDRi took part in an expert group that supported the Special Rapportur's preparation of the report, which looks at prevailing tendencies in global online freedoms. It will be submitted to the UN Human Rights Council this week.
The report draws attention to mounting evidence that international Internet-related policy and domestic regulations are failing to recognise and respond appropriately to the changing makeup of public space in which free speech is exercised. It reminds governments of their positive obligation to protect these rights in a digital environment, denouncing the surge in measures criminalising legitimate online expression. Some of the findings include inadequate data protection and a "worrying trend of States obliging or pressuring private actors to hand over information of their users".
It also reminds members of the international community that the States' responsibility to protect the rights of users also entails a duty to investigate and prosecute the perpetrators of cyber-attacks directed at the websites of organizations and individuals documenting government abuses.
Expressing "deep concern" about the growing number of laws that are enabling monitoring, filtering and control of online content, the Special Rapporteur concludes that these are often largely out of synch with their purported aims. Increasingly sophisticated means of blocking content deemed to be illegal are being introduced and implemented without the involvement of an impartial regulatory body or a court order. Appropriate safeguards against abuse and the means to challenge unwarranted interference were also often found to be absent. This situation may result in the censorship of a considerable amount of legal online material.
The report also raises a number of important issues concerning intermediary liability, identifying some of the serious implications of offering the private sector "unprecedented influence over individuals' right to freedom of expression and access to information."
"Holding intermediaries liable for the content disseminated or created by their users severely undermines the enjoyment of the right to freedom of opinion and expression, because it leads to self-protective and over-broad private censorship, often without transparency and the due process of law."
While praising legislative measures such as those introduced in Chile and soon to be adopted in Brazil which clarify the legal position of intermediaries, and welcoming provisions which limit their liability (as in the case of "safe harbour" provisions in the US and E-Commerce Directive guarantees in the EU), the Rapporteur admonishes attempts to pressure third parties into complying with special interests, expressing "alarm" at proposals to disconnect users based on accusations of violations of intellectual property or other rights. These include efforts to penalize alleged offenders by suspending their Internet services through laws based on the idea of "three strikes" or "gradual response" - laws which are currently in force in France.
The report concludes with recommendations, the majority of which are directed at governments, calling for intensified efforts to ensure that international human rights obligations are being met. It also addresses commercial actors with a warning to be consistent with their responsibilities, urging them to "continuously review the impact of their services and technologies on the right to freedom of expression of their users".
It is not at all clear how the struggle to maintain Net neutrality will unfold, but the potential for creeping restrictions which protect business and State interests rather than those of citizens, and the weighty implications of this trend are becoming increasingly obvious. The preservation of open and free "virtual public spaces" will ultimately depend on the extent to which its beneficiaries are prepared to involve themselves in a much more vigorous debate about the way that Internet governance will be shaped.
UN Report
http://www2.ohchr.org/english/bodies/hrcouncil/docs/14session/A.HRC.14...