Freedom of Expression Online

This lecture is the sixth to be delivered in a series of lectures which are part of the Oxford Kashmir Forum’s online course on ‘International Human Rights Law and Kashmir: Prospects and Challenges’. In this lecture, Prof. David Kaye discusses the ways in which the fundamental right to freedom of speech and expression is guaranteed under International Human Rights Law as well as the obligations it imposes on States. In particular, Prof. Kaye emphasizes on the role such laws play in our online lives as well as discusses the nature of the function of the actors who animate the space of internet governance. Recognizing issues of speech and expression as some of the most direct as well as salient issues of law and public policy globally, he provokes his listener to think more deeply about what those issues are as well as who should determine answers to those issues in a democratic world.   

“Freedom on the Net is an annual study of human rights in the digital sphere. The project assesses internet freedom in 70 countries, accounting for 88 percent of the world’s internet users. This report, the 11th in its series, covered developments between June 2020 and May 2021.” Its key findings are: “1) Global internet freedom declined for the 11th consecutive year; 2) Governments clashed with technology companies on users’ rights; 3) Free expression online is under unprecedented strain; 4) China ranks as the worst environment for internet freedom for the seventh year in a row; 5) The United States’ score declined for the fifth consecutive year; and, 6) State intervention must protect human rights online and preserve an open internet…[The uploaded report] is a summary of findings for the 2021 edition of Freedom on the Net. Narrative reports on the 70 countries assessed in this study can be found on our website at freedomonthenet.org.” 

“This paper addresses how the use of artificial intelligence (AI) affects freedom of expression and media freedom. While AI can improve communication and information access in numerous ways, including through legacy media, this paper focuses on the main concerns when AI is not deployed in a human rights-friendly manner…This paper also addresses how biases both in datasets and of human developers may risk perpetuating existing inequality, how AI affects legacy media and how the COVID-19 pandemic aggravates the above-mentioned concerns. Providing policy recommendations, this paper concludes that states and the private sector need to guarantee that the design and deployment of AI are grounded in human rights, with transparency and accountability being ensured at all stages.”

"With [a] global mandate to protect 'the free flow of ideas by word and image', UNESCO acts worldwide to advance fundamental freedoms, and to ensure that obligations are fulfilled and rights are exercised. [UNESCO works] to increase the knowledge and capacities of judiciary members on international and regional standards on freedom of expression and the safety of journalists. As a result, since 2013, more than 18,000 judicial operators and civil society representatives in Latin America, Africa and the Arab region have been trained on these issues. This toolkit on international standards for freedom of expression builds on these efforts, aiming to give a global scope to this endeavour. By reinforcing the knowledge and capacities of the judiciary, the toolkit effectively contributes to the implementation of the UN Plan of Action on the Safety of Journalists and the Issue of Impunity, adopted by the UN Chief Executives Board in 2012 and recognised by the UN General Assembly in 2013. The Plan of Action aims to create "a free and safe environment for journalists and media workers in both conflict and non-conflict situations, with a view to strengthening peace, democracy and development worldwide". [It is hoped] that this toolkit will be a useful tool for judges, public prosecutors, judicial training institutes, academics and judicial actors at large, so that respect for freedom of expression, public access to information, and the safety of journalists become an integral part of efforts to guarantee and promote human rights in our societies."

The report “provides an overview of encryption technologies and their impact on human rights. It analyzes in-depth the role of encryption in the media and communications landscape, and the impact on different services, entities and end users. It highlights good practices and examines the legal environment surrounding encryption as well as various case studies of encryption policies. Built on this exploration and analysis, the research provides recommendations on encryption policy that are useful for various stakeholders.”

“The Guidelines for Industry on Child Online Protection, published by UNICEF and the International Telecommunications Union in 2015, explore the corporate responsibility to respect children’s rights in a digital world. This Toolkit builds on these Guidelines, expanding the consideration of children’s rights to privacy and freedom of expression. It identifies five overarching principles, based in international human rights law, that should ground and shape decisions about children online. These General Principles may be translated into practical action through the Checklist that follows, which offers questions and recommendations for companies to assess how children’s privacy and expression rights are considered across their websites, platforms, products, services and applications. The General Principles and Checklist were developed by UNICEF in consultation with a diverse range of stakeholders from the public and private sectors, academia and civil society. UNICEF continues to advocate for the full realization of children’s rights, including the rights to privacy and freedom of expression. It is hoped that this Toolkit prompts greater respect for children’s rights in a digital world.”

These materials are part of the Multimedia Training Kit (MMTK). Here you will find links to a) Module Handout; b) Module Trainers' notes; c) Module Questions and case studies; d) Module Power Point Slides. "The MMTK provides an integrated set of multimedia training materials and resources to support community media, community multimedia centres, telecentres, and other initiatives using information and communications technologies (ICTs) to empower communities and support development work. [...] This module explores the relationship between human rights, as understood in the Inter-American Human Rights System, and ICTs such as the internet. As well as this handout, it includes a set of presentation slides, exercises and case studies, and a list of additional readings. It raises the following general questions which should be considered by participants: 1. How has the internet changed people’s lives? What rights have been affected positively or negatively due to access to the internet? 2. Should online and offline human rights be understood differently? 3. What should the role of the state be regarding the exercise of human rights online? 4. What are the implications of the global nature of the internet for national human rights laws and international human rights instruments?" 

“On September 28, 2018, the Wikimedia/Yale Law School Initiative on Intermediaries and Information (WIII) hosted an intensive, day-long workshop entitled “Intermediaries and Private Speech Regulation: A Transatlantic Dialogue.” The Yale Information Society Project (ISP) and the Stanford Center for Internet and Society (CIS) co-hosted this event, with support from the Oscar M. Ruebhausen Fund at Yale Law School. This intimate, invitation-only academic workshop took place at Yale Law School. For this workshop, WIII and CIS convened leading experts from the United States and the European Union for a series of non-public, guided discussions. Participants discussed the complicated issue of private speech regulation and the connections between platform liability laws and fundamental rights, including free expression. This report presents a synthesized collection of ideas and questions raised by one or more of the experts during the event, providing an overview of theoretical ideas, practical experiences, and directions for further research on rapidly evolving questions of intermediary liability from a uniquely transatlantic perspective.”

“The report aims to translate in a concise and clear manner more than 70 years of international jurisprudence on freedom of expression, and outline a road map for judicial operators so that they can make decisions that are in line with international standards.” Available only in Spanish.

"The Internet rights are human rights is a series of training modules concerned with the relationship between human rights, ICTs and the internet. These modules are intended to help those who work on human rights and/or ICTs, and others with an interest in the issues, to understand ways in which the internet is affecting the enjoyment and protection of rights – now and in the future – and explore how these affect their work." The modules are: Introduction to Human rights, ICTs and the internet; Freedom of association and freedom of assembly; Freedom of expression and freedom of information;The right to privacy.