Freedom of Expression Online

This article aims at documenting the implementation of the Domain Name System in China, in coordination and in tension with the global Domain Name System since the end of the 1980s with the Chinese country-code top-level domain “.cn,” and more recently with the creation of Chinese-language domain names such as “.中国” and “.中文网.” It puts into perspective the notion of “digital sovereignty” by analysing the role of the DNS in the “localisation” of online content as part of the censorship system. It further shows that although Chinese representatives have always been very critical of the existing architecture and management of the DNS on the global stage, their attitude has evolved from de facto, bottom-up participation and protection of their interests to a more confident and assertive behaviour, as the growth of the Chinese Internet has put them in a more dominant position.

“This article considers whether the Internet has become so significant, for the provision of, and access to, information and in the formation of political community and associated questions of participation, that it requires further human rights protection beyond freedom of expression. In short, should Internet freedom be configured as a human right? The article begins by considering the ubiquity of the Internet and its significance. A wider historical view is then taken to understand Internet freedom in terms of its lineage and development from earlier debates over freedom of expression and the right to communicate, through to the recognition of the significance of an information society and the need for Internet regulation on the international plane. The current debate over Internet freedom is then analysed with particular focus given to Hillary Clinton’s speech on Internet freedom and its subsequent articulation by Special Rapporteur Frank La Rue. The concluding part introduces the critical work of Evgeny Morozov and Jaron Lanier to an international law audience in order to deepen the debate over Internet freedom and to point to the concept’s limitations and dangers. It is too early to say whether a ‘right to Internet freedom’ has achieved universal recognition, but this article makes the case that it is worth taking seriously and that Internet freedom may need its own category of protection beyond freedom of expression.”

On 30 April 2020, the United Nations Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Co-operation in Europe Representative on Freedom of the Media, and the Organization of American States Special Rapporteur on Freedom of Expression published the Joint Declaration on Freedom of Expression and Elections in the Digital Age. The Declaration enumerates recommendations regarding communication during elections for both, State as well as non-State actors. In pursuance of the publication of this Declaration, Toby Mendel, Executive Director of the Centre for Law and Democracy, noted, “The Joint Declaration breaks new ground in several respects…Some key areas it addresses include extending certain types of rules which apply to legacy media, such as on spending and transparency, to digital media, respecting the right to privacy when using personal data to micro-target messages and, for digital actors, avoiding measures which limit the diversity of information available to users or the ability of certain parties and candidates to disseminate messages.”

“This brief comes as part of the UNESCO series ‘World Trends in Freedom of Expression and Media Development’. It presents enhancing transparency as a third way between state overregulation of content, which has led to disproportionate restrictions on human rights, and a laissez-faire approach that has failed to effectively address problematic content such as hate speech and disinformation. It discusses how greater transparency in the operations of internet companies could strengthen freedom of expression and other issues central to UNESCO’s work, and it outlines existing mechanisms and initiatives. The brief sets out a preliminary selection of illustrative high-level principles, which could serve as a basis for future discussions towards a framework for transparency to guide companies, policy makers and regulators.”

“The Mapping Digital Media project examines the global opportunities and risks created by new and digital media. Covering 56 countries, the project assesses how these changes affect the core democratic service that any media system should provide – news about political, economic, and social affairs – and how they can help advance open society values. The Mapping Digital Media research confirms that digital television and the internet have had a radical impact on media businesses, journalists, and citizens at large. As might be expected, platforms distributing journalism have proliferated, media companies are revamping their operations, and citizens have access to a cornucopia of news and information sources. Other findings were less foreseeable: digitization has brought no pressure to reform state broadcasters, less than one-third of countries found that digital media have helped to expand the social impact of investigative journalism, and digitization has not significantly affected total news diversity. The Global Findings reveal other common themes across the world: 1) Governments and politicians have too much influence over who owns, operates, and regulates the media, 2.) Many media markets are rife with monopolistic, corrupt, or untransparent practices, 3) It’s not clear where many governments and other bodies get their evidence for changes or updates to laws and policies on media and communication, 4) Media and journalism online offer hope of new, independent sources of information, but are also a new battleground for censorship and surveillance, 5) Data about the media worldwide are still uneven, unstandardized, and unreliable, and are often proprietary rather than freely accessible. The 16 chapters in this report provide a unique survey of thematic and geographical trends, and provide new insight into how the information and communications revolution is shaping the new landscape of media and journalism.” 

In this segment of the MOOC created by Columbia Global Freedom of Expression, Agnès Callamard focuses interviews  Mishi Choudhary on India's Internet Ecosystem

In this segment of the MOOC created by Columbia Global Freedom of Expression, Agnès Callamard focuses interviews  Mishi Choudhary on the Repeal of Section 66A

“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.”

“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.”  

In this segment of the MOOC 'International and African Legal Framework on Freedom of Expression, Access to Information and the Safety of Journalists' developed by the Centre for Human Rights, University of Pretoria with the support of UNESCO, professor Guy Berger talks about safety in the digital world.

This segment is part of Module 3 of the MOOC: The safety of journalists and the issue of impunity.