Freedom of Expression Online

“There is a widespread desire to tackle online interference with elections and political discourse. To date, much of the debate has focused on what processes should be established without adequate consideration of what norms should underpin those processes. Human rights law should be at the heart of any discussion of regulation, guidance, corporate or societal responses. The UN Secretary- General’s High-level Panel on Digital Cooperation has recently reached a similar conclusion, stating ‘there is an urgent need to examine how time-honoured human rights frameworks and conventions should guide digital cooperation and digital technology’. This paper attempts to contribute to this examination. Chapter 2 of this paper clarifies terms and concepts discussed. Chapter 3 provides an overview of cyber activities that may influence voters. Chapter 4 summarizes a range of responses by states, the EU and digital platforms themselves. Chapter 5 discusses relevant human rights law, with specific reference to: the right to freedom of thought, and the right to hold opinions without interference; the right to privacy; the right to freedom of expression; and the right to participate in public affairs and vote. Chapter 6 offers some conclusions, and sets out recommendations on how human rights ought to guide state and corporate responses.”

“In this briefing, ARTICLE 19 builds on [its previous] work and examines how three dominant social media companies – Facebook, Twitter and Youtube – have responded to calls to address various forms of gender-based harassment and abuse in their community guidelines and practices. However, ARTICLE 19 is very mindful of the wider context of the problem of online gender-based harassment and abuse and the role of other players in the wider Internet ecosystem, such as private messaging services. The briefing first examines what are the responsibilities of the major/ dominant social media companies under human rights standards and how they implement their responsibilities in their community guidelines and practices. The briefing highlights the positive and negative aspects of these tools and approaches, and provides recommendations for improvement.”

“This book is the Official 2017 Outcome of the UN IGF Dynamic Coalition on Platform Responsibility (DCPR), which is a multistakeholder group fostering a cooperative analysis of online platforms’ responsibility to respect human rights, while putting forward solutions to protect platform-users’ rights. This book offers responses to the DCPR’s call for multistakeholder dialogue, made ever more pressing by the diverse and raising challenges generated by the platformisation of our economy and, more generally, our society. The analyses featured in this book critically explore the human rights dimension of the digital platform debate, subsequently focusing on the governance of personal data and, lastly, suggesting new solutions for the new roles played by online platforms. This volume includes the Recommendations on Terms of Service and Human Rights, which were elaborated through a multistakeholder participatory process, facilitated by the DCPR. In accordance with the UN Guiding Principles on Business and Human Rights, the Recommendations provide guidance for terms of service that may deemed as “responsible” due to their respect of internationally agreed human rights standards.”  

“This study encompasses both quantitative and qualitative assessments of more than 50 declarations, guidelines, and frameworks. The issues contained in these documents are assessed in the context of UNESCO’s  interested areas such as access, freedom of expression, privacy, ethics, Priority Gender Equality, and Priority Africa, and sustainable development, etc.”

"This scoping paper focuses on applications of ‘artificial narrow intelligence’: in particular, machine learning and its implications for human rights. The aim of the paper is fourfold: 1) Present key technical definitions to clarify the debate; 2) Examine key ways in which AI impacts the rights to freedom of expression and privacy and outline key challenges; 3) Review the current landscape of AI governance, including various existing legal, technical, and corporate frameworks and industry-led AI initiatives that are relevant to freedom of expression and privacy; and 4) Provide initial suggestions for rights-based solutions which can be pursued by civil society organisations and other stakeholders in AI advocacy activities.

The report “examines the crucial challenges of balancing the fundamental rights to privacy and freedom of expression, and the related value of transparency, in an online context. Through an exploration of their boundaries and of the various modalities of reconciling and aligning these rights and values, the study analyzes the legal frameworks at play, specific cases, and interactions between multiple players. Built on the findings, it provides policy recommendations for key stakeholders.”

This is a a handbook for legal practitioners on protecting the right to freedom of erxpression under the European Convention on Human Rights. The chapters  are: 1: General consideration on Article 10; 2: Duties under Article 10; 3 Unprotected speech-hate, speech, incitement to violence; 4: The system of restrictions within the exercise of the right to freedom of expression; 5: Limitations due to "public" reasons; 6: Freedom of expression and reputation; 7: Rights of others; 8: Freedom of expression and the media; 9: Freedom of expression and new technologies.

Social protest is recognized and protected as intrinsic to the existence and consolidation of democracies by the inter-American system of human rights. As per the instruments of the inter-American system, the rights to freedom of expression, peaceful assembly, and association guarantee and protect individual and collective forms of public expression of opinions, dissent, demand for compliance with human rights, and affirmation of the historically marginalized groups in society. Despite such recognition, the region continues to repress and limit the exercise of these rights in the public sphere, due to the notion of citizen mobilization being disruptive for public order or a threat to the stability of democratic institutions. The objective of this report, therefore, is to “contribute to a better understanding of State obligations aimed at guaranteeing, protecting, and facilitating public protests and demonstrations, as well as the standards that should frame the progressive use of force—and as a last resort—in protest contexts”. The report discusses: guiding principles, applicable legal framework, obligation to respect rights, obligation to protect and facilitate, obligation to guarantee rights, protests and the internet, access to information, states of emergency, and conclusions and recommendations. 

“This report is part of a Carr Center project on Reimagining Rights and Responsibilities in the United States. As the traditional public square governed and protected by federal regulation moves online to spaces governed by private corporations, the rules for how speech is both expressed and censored are also changing. How should legal protections for speech adapt to these new tech-powered, private forums? This chapter will explore the current landscape of free speech and the associated information landscape as well as the threats that they face.” 

In the report (A/73/348), the Special Rapporteur "explores the implications of artificial intelligence technologies for human rights in the information environment, focusing in particular on rights to freedom of opinion and expression, privacy and non-discrimination."