International System of Protection

7amleh, the Arab Center for the Advancement of Social Media, published a study on Palestinian digital rights and the global impact of EU legislation - the Digital Services Act (DSA) in particular. The study tackles the following questions: How does the DSA’s approach to hate speech and other harmful content affect the digital rights of Palestinians and advocates for Palestinian rights? What are the potential consequences of the DSA’s politicization by the EU in the Israel/Palestine context? What are the advantages and risks of the DSA for Palestinian digital rights? The study explains the DSA, interrogates its relevance for Palestinian digital rights, includes a case study of events that “​​worryingly point to the DSA having been applied with bias” in the timeframe starting from October 7, and concludes with recommendations addressing the EU institutions, civil society, and online platforms.

The Recommendation places itself among the current rules and procedures for addressing hate speech as well as in the larger context of European and international human rights law. It draws on the substantial body of case law from the European Court of Human Rights. The recommendation offers states and a variety of various players, including politicians and political parties, internet platforms, media, and civil society organizations, useful advice as well as a complete legal and policy framework to address hate speech, both offline and online.

This 2021 Policy Paper published by ARTICLE 19 provides a detailed overview of the potential harms of Biometric technologies, including violations of the fundamental rights of privacy and freedom of expression as well as “data protection, human dignity, non-discrimination, self-determination and the right to access an effective remedy.” Further, abuse of these technologies by law enforcement and other state bodies can result in discrimination from profiling of marginalized and at-risk communities. The Policy Brief provides case studies on the use of facial recognition and emotion recognition technologies, and offers a broad range of recommendations. Based on the gathered evidence, ARTICLE 19 calls for “a moratorium on the development and deployment of all biometric technologies until vital human rights safeguards are in place.” 

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) published guidelines tailored for the use of digital platforms at the time of elections. They aim to both mobilize the platforms’ positive potential and combat the spread of disinformation, hate speech, and online gender-based violence, among other possible harms. The Guidelines were adopted by the General Assembly of the Association of African Election Authorities in Cotonou, Benin, on 3 November 2023 and represent a “crucial normative framework” for the continent. Emphasizing obligations to preserve the rights to equality and non-discrimination, free and fair elections, freedom of expression, access to information, freedom of assembly, rights to privacy and remedy, protection of women’s rights, as well as ethnic, cultural, and linguistic rights, the Guidelines directly address states, election management bodies, social media, regulatory bodies, political parties, “African traditional institutions and religious bodies,” civil society, and journalists. The Guidelines are in Arabic, English, French, and Portuguese.

The third edition of the overview report on Strategic Lawsuits Against Public Participation (SLAPPs) in Europe indicates a clear trend: SLAPPs continue to proliferate on the continent. Prepared jointly by the Daphne Caruana Galizia Foundation and the Coalition Against SLAPPs in Europe (CASE), the report refers to a total of 1,049 SLAPP cases between 2010 and 2023. The authors note, however, that the numbers do not represent an exhaustive survey and are likely only the “tip of the iceberg.” For now, the number of SLAPPs identified in Europe in 2023 alone is 166, and many were initiated in Italy, Romania, Serbia, and Türkiye. In total, SLAPPs were filed in 41 countries across the continent, and the report lists some countries for the first time, like Monaco, Lithuania, Azerbaijan, and Denmark. 36% of the 2023 SLAPP cases were related to corruption, and 16% concerned environmental issues. Journalists are still targeted more often than any other public watchdogs, while Europe’s rich and powerful are still the most frequent SLAPPers: businesses and business people initiated almost half of the 2023 cases, and politicians filed over a third of them.

Commissioned by the UN Department of Peace Operations and the UN Office of the Special Adviser on the Prevention of Genocide, this recently published report delivers a conceptual analysis of the three major challenges of our time – hate speech, misinformation, and disinformation – and their similarities and differences. Written by Claire Wardle, PhD, Brown University, the report focuses on the contexts of conflict and high risk. Wardle provides an overview of relevant human rights law and international humanitarian law, stressing the “need for responses that respect freedom of expression while addressing harmful speech.”

The Coalition For Women In Journalism (CFWIJ) released a report on press freedom violations against women journalists in Africa – a total of 258 recorded between 2019 and 2024. While underreporting explains why the number of violations appears to be lower than in other regions, a clear trend emerges: the most extreme acts of violence – such as physical attacks, abductions, and murders – are disproportionately high. Since August 2023, when civil war erupted, Sudan has been deadly for reporters: journalists Halima Idris Salim and Samaher Abdelshafee were killed; journalist Inaam Ahmady was threatened at gunpoint while her home was looted and set on fire. Egypt accounts for 17% of the documented violations: the country’s women journalists have faced arrests, legal harassment, media shutdowns, physical and sexual assault, threats, and intimidation. Nigeria accounts for 12% of the cases, pointing to a disturbing trend: armed groups or unknown assailants often abduct women journalists, with notable cases being Priestba Nwockocha of Radio Rivers (2023), Amra Ahmed Diska of Adamawa Broadcasting Corporation (2021), and Chinenye Iwuoha of Federal Radio Corporation (2020).

“The surge of access to information (ATI) laws reached 126 worldwide by the end of 2019. This Report explores recent developments in regard to the laws and their implementation, covering evolving international standards, models for implementation bodies, and new digital challenges and opportunities. In order to understand the drivers of change, the Report examines trendsetting activities within UNESCO, the Sustainable Development Agenda, the Universal Periodic Review, the Open Government Partnership, and the standard-setting work of regional intergovernmental organizations and national oversight bodies. The research also draws on unique UNESCO surveys and analysis of Voluntary National Reports presented at the United Nation’s High-level Political Forum. The research shows how Sustainable Development Goal 16.10 offers a new opportunity for advancing ATI.”

The Association for Progressive Communications (APC) presents its submission to the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (IE SOGI). The IE SOGI’s thematic report for the UN Human Rights Council’s 56th session will explore how freedom of expression, freedom of assembly, and freedom of association rights “relate to protection against violence and discrimination based on sexual orientation and gender identity.” The APC submission focuses on the digital sphere and includes inputs from civil society activists and organizations that review the following countries: India, Paraguay, Uganda, Botswana, Rwanda, South Africa, Indonesia, and Türkiye. Underscoring that “violence and discrimination initiated offline can be aggravated and perpetrated online, and vice versa,” the submission concludes with recommendations to governments and tech companies.