Freedom of Expression Online

Freedom of Expression Online

The resources on this Module focus on some of the complex issues related to the digital exercise of freedom of expression. Internet, social media, search engines have largely transformed expression, information, communication. The selected readings highlight the mismatch between practices and the law trying to catch up with the advances of the technology, while seeking to make sense of the normative cacophony.

10 items found, showing 11 - 10

Content Regulation and Censorship

Author: Amnesty International
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In this submission to the Universal Periodic Review (UPR) of Egypt in January 2025, Amnesty International assesses the country’s human rights framework and its implementation of previous UPR’s recommendations. “Since Egypt’s third UPR in 2019, the country has remained in the throes of a protracted human rights and impunity crisis,” the group states. Evaluating the current state of freedom of expression, association, and peaceful assembly on the ground, Amnesty underscores that thousands of people – journalists, activists, and protesters among them – have been arrested arbitrarily and/or faced unjust persecution, while at least 600 websites, including news, politics, and human rights platforms, have been blocked since 2017. On the occasions of rare protests, Amnesty stresses, the Egyptian authorities have resorted to unlawful force in their crackdown and mass arrests.

Amnesty International. Egypt: Protracted Human Rights and Impunity Crisis: Submission to the 48th session of the UPR working group, Amnesty International, January 2025. https://www.amnesty.org/en/documents/mde12/8552/2024/en/ 


 

Author: Access Now
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“The International and national laws recognize that extraordinary circumstances require extraordinary measures. This means that certain fundamental rights, including the right to freedom of expression and opinion and the right to seek and impart information, may be restricted to address the current health crisis as long as governments apply basic democratic principles and a series of safeguards, and the interference is lawful, limited in time, and not arbitrary. Governments, companies, NGOs, and individuals alike have a responsibility to do their part to mitigate the consequences of the COVID-19 health crisis and to show solidarity and respect for each other. In this paper, we provide recommendations for protecting freedom of expression and opinion and the right to impart and receive information to enable governments​ to fight the COVID-19 health crisis in a rights-respecting manner. There will be an aftermath to the COVID-19 outbreak and the measures governments put in place right now will determine what it will look like. The recommendations outlined below will help ensure that the rule of law, and the rights to freedom of expression and opinion, as well as the right to receive and to impart information, are protected throughout this crisis and in the future. Under no circumstances should any government allow people’s fundamental rights to fall victim to this pandemic.” 

Access Now. “Fighting Misinformation and Defending Free Expression during COVID-19: Recommendations for States”. 2020. https://www.accessnow.org/cms/assets/uploads/2020/04/Fighting-misinformation-and-defending-free-expression-during-COVID-19-recommendations-for-states-1.pdf

Author: Scholars at Risk (SAR)
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Scholars at Risk (SAR) released their latest annual report on the state of academic freedom globally. The findings are alarming and go beyond authoritarian countries – liberal democracies have also been culpable of undermining higher education. From July 1, 2023, to June 30, 2024, SAR identified 391 attacks on scholars, students, and academic institutions in 51 countries and territories, highlighting troubling developments in 18 of them, namely Afghanistan, China, Colombia, Germany, Hong Kong, India, Iran, Israel, Nicaragua, Nigeria, Palestine, Russia, Türkiye, Sudan, Ukraine, the UK, and the US. Over the reporting period, SAR documented the devastating impact of military conflicts on entire education systems, crackdowns on political dissent with arrests and prosecution of professors and students, silencing and dismissal of those criticizing officials, and new laws and policies eroding university autonomy. The report put a spotlight on campus protests prompted by the Israel-Gaza conflict and the now-limited freedom of expression spaces at universities in several countries, including the US.

Scholars at Risk (SAR). “Free to Think 2024: Report of the Scholars at Risk Academic Freedom Monitoring Project.” Accessed November 13, 2024. https://www.scholarsatrisk.org/resources/free-to-think-2024/ 

Author: The Transatlantic Working Group
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“The Transatlantic High Level Working Group on Content Moderation Online and Freedom of Expression was formed to identify and encourage adoption of scalable solutions to reduce hate speech, violent extremism, and viral deception online, while protecting freedom of expression and a vibrant global internet. This report recommends a flexible regulatory framework that seeks to contribute to trust, transparency, and accountability. It is based upon: (1) transparency rules for platform activities, operations, and products; (2) an accountability regime holding platforms to their promises and transparency obligations; (3) a three-tier disclosure structure to enable the regulator, vetted researchers, and the public to judge performance; (4) independent redress mechanisms such as social media councils and e-courts to mitigate the impact of moderation on freedom of expression; and (5) an ABC framework for dealing with disinformation that addresses actors and behavior before content.”

The Transatlantic Working Group. “Freedom and Accountability: A Transatlantic Framework for Moderating Speech Online”. 2020. https://cdn.annenbergpublicpolicycenter.org/wp-content/uploads/2020/07/Freedom_and_Accountability_TWG_Final_Report.pdf.   

Author: IACmHR, Catalina Botero Marino
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The report “includes a systematization of standards aimed at promoting respect for freedom of expression on the Internet. This report analyzes best practices in this field, along with applicable international doctrine and jurisprudence.” It includes an explanation of: the Guiding Principles (Universal Access, Pluralism, Non-discrimination, Privacy); Net neutrality; Access to the Internet; Legislative limitations and subsequent liability: Standards of legitimacy and deliberative factors for resolving online rights conflicts; Filters and blocking; Intermediaries; Cybersecurity, privacy, and freedom of expression (Cybersecurity, Privacy, Internet communications surveillance); and, Principles for the protection of freedom of expression through multisector participation in Internet governance.

OAS, IACmHR, Special Rapporteur for Freedom of Expression, Catalina Botero. Freedom of Expression and Internet. OEA/Ser.L/V/II. CIDH/RELE/INF. 11/13. 31 December 2013

Author: Nordicom, Ulla Carlsson (ed)
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“In 2016, UNESCO and the Government of Finland [co-hosted] the World Press Freedom Day’s main event in Helsinki, 3-4 May – for the first time in the Nordic Region. 2016 also marks the 250th anniversary of a Swedish fundamental law – The Freedom of the Press Act. This law prohibited censorship and guaranteed public access to official records, and was the first in the world to do so. Both these celebrations can be seen as appropriate background scenarios to this new book. In 2009, Nordicom published Freedom of Speech Abridged? Cultural, legal and philosophical challenges, an anthology focusing on the traditional concept of individual freedom of expression. A few years later, Nordicom published Freedom of Expression Revisited. Citizenship and journalism in the digital era. The current publication, published by the UNESCO Chair at the University of Gothenburg in collaboration with Nordicom, may be seen as a follow-up to these earlier titles. It is based on research in the Nordic countries, but many of the studies are global in nature and the results of collaborations between researchers from many parts of the world. Several of the articles also contain valuable reflections and second thoughts. It is hoped that these articles by Nordic researchers will contribute to knowledge development in the field as well as to global and regional discussions about freedom of expression, press freedom and the role of journalists, and communication rights in contemporary societies – in an era of globalization and digitization.” 

Nordicom, Ulla Carlsson (ed). “Freedom of Expression and Media in Transition: Studies and Reflections in the Digital Age”. 2016. https://www.nordicom.gu.se/sites/default/files/publikationer-hela-pdf/freedom_of_expression_and_media.pdf

Author: IACmHR, Catalina Botero Marino
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Video summarizing the report "Freedom of Expression and Internet". The report “includes a systematization of standards aimed at promoting respect for freedom of expression on the Internet. This report analyzes best practices in this field, along with applicable international doctrine and jurisprudence.” It includes an explanation of: the Guiding Principles (Universal Access, Pluralism, Non-discrimination, Privacy); Net neutrality; Access to the Internet; Legislative limitations and subsequent liability: Standards of legitimacy and deliberative factors for resolving online rights conflicts; Filters and blocking; Intermediaries; Cybersecurity, privacy, and freedom of expression (Cybersecurity, Privacy, Internet communications surveillance); and, Principles for the protection of freedom of expression through multisector participation in Internet governance.

Author: ARTICLE 19
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ARTICLE 19 submitted a response to the UN Special Rapporteur on free expression’s call for comments on the role of the private sector in the digital age. In their submission, ARTICLE 19 addressed the following issues: 1) The categories of actors in the digital sector whose activities implicate the freedom of opinion and expression; 2) The main legal issues raised for freedom of opinion and expression within the digital sector; 3) The conceptual and normative work already in place to develop corporate responsibility and human rights frameworks in these spaces, including governmental, inter-governmental, civil society, corporate and multi-stakeholder efforts; and 3) they also provide country specific information (Brazil).

Article 19.Freedom of expression and the private sector in the digital age. London: Article 19, 2016. https://www.article19.org/data/files/medialibrary/38294/FOE-and-the-private-sector-in-the-digital-age-A19-response-to-UNSR-call-Feb-2016.pdf

Author: Centre for Law and Democracy and International Media Support
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“This series of Briefing Notes is designed to give readers an understanding of the key international legal standards that apply in the context of freedom of expression. They are aimed at an audience which does not necessarily have a deep understanding of freedom of expression issues, but they also aim to be of interest and relevance to more sophisticated freedom of expression observers and practitioners. Thus, while the Briefing Notes are designed to be broadly accessible, they also provide readers with fairly in-depth knowledge about freedom of expression issues. Each individual Briefing Note addresses a different thematic freedom of expression issue. The first, perhaps predictably, is titled Freedom of Expression as a Human Right, while the second looks at the permissible scope of restrictions on freedom of expression under international law. Several of the Briefing Notes focus on different areas of media regulation, including print, broadcast and public service media, journalists, media diversity and independent regulation. This reflects the central role media regulation plays both in terms of guaranteeing freedom of expression and in the legal frameworks found in democracies relating to freedom of expression. There are also Briefing Notes on both criminal and civil restrictions on freedom of expression, as well as on the right to information (or freedom of information) and digital rights. In addition to providing substantive guidance in the relevant thematic area, the Briefing Notes contain a number of pithy quotes from leading sources. The idea is to provide readers with quick access to ‘quotable quotes’ for possible reuse in their work. Each Note also contains a section at the end on further resources, for readers who want to probe the subject more deeply.”

Centre for Law and Democracy and International Media Support. “Freedom of Expression Briefing Note Series”. 2014. https://www.mediasupport.org/wp-content/uploads/2015/02/foe-briefingnot….

Author: Yaman Akdeniz
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"A study of legal provisions and practices related to freedom of expression, the free flow of information and media pluralism on the Internet in OSCE participating States"

Yaman Akdeniz, Freedom of Expression on the Internet, Organization for Security and Co-operation in Europe, 2011