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 21 - 10

Content Regulation and Censorship

Internet Censorship and the Intraregional Geopolitical Conflicts in the Middle East and North Africa

Author: Helmi Noman
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"This report investigates how adversarial relationships between states in the Middle East and North Africa (MENA) translate into Internet censorship practices. Based on analysis of Internet censorship data collected from 16 countries, the study finds that it is becoming increasingly common for governments in the MENA region to block content that originates from or is affiliated with rival states in the region."

Helmi Noman, "Internet Censorship and the Intraregional Geopolitical Conflicts in the Middle East and North Africa" (Jan 16, 2019), https://cyber.harvard.edu/publication/2019/internet-censorship-and-intraregional-geopolitical-conflicts-middle-east-and-north

Author: UN, OSCE, OAS and ACHPR Special Rapporteurs for Freedom of Expression
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"This Joint Declaration addresses systematic or targeted attacks on freedom of expression which are aimed at silencing certain perspectives or voices, whether internationally, nationally or locally, and State responses to such attacks. Such attacks are perpetrated in different contexts, including of international and non-international armed conflicts, terrorist attacks and widespread organized crime."

UN, OSCE, OAS and ACHPR Special Rapporteurs for Freedom of Expression. Joint Declaration on Freedom of Expression and Responses to Conflict Situations, May 4, 2015.

Author: UNESCO, Avani Singh
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This toolkit for judicial officials in Africa on international and regional standards on freedom of expression "encompasses a broad variety of issues, which should be considered by judi-cial actors in the course of their work to protect human rights. It covers legal standards of freedom of expression according to international and regional instruments and core texts and surveys pertinent jurisprudence on freedom of expression from regional and sub-regional courts or quasi-judicial bodies that deal with human rights issues.

The toolkit explicates conditions under which speech can be legitimately restricted, while also giving prominence to the safety of journalists and the issue of impunity, the latter representing one of the main obstacles to guaranteeing freedom of expression and freedom of information. Finally, the toolkit also addresses recent challenges to freedom of expression on the internet, including on social media, which have become vital means for sharing information and expressing views. The question of gender representation in media content and careers, and gender-specific threats for women journalists, are also addressed.The protection of freedom of expression requires the active efforts of a great variety of actors. While this toolkit has been conceived primarily for judges, prosecutors, trainers of judges, lawyers and other legal experts, it is my hope that civil society actors, members of security forces and media professionals will also find its contents of great value to their work. Given the importance of freedom of expression as a foundational value of free societies, I believe the toolkit’s material and messages will be of relevance to all concerned stakeholders — that is to say, to all individuals everywhere."

 

Author: Center for Law and Democracy
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These training materials prepared by The Centre for Law and Democracy focus on three commonly applied restrictions on freedom of expression under international human rights law. They are designed as a resource for professional networks of media lawyers and other organisations working to build the capacity of lawyers to defend media freedom. The Materials consist of: 1) a Background Reading document describing core standards for each type of restriction; 2) sample exercises that can be used during training programmes; 3) discussion questions, also for use during trainings; and 4) sample agendas for a one and one-half hour or one-half-day workshop based on the materials.

The Centre for Law and Democracy (CLD). Model Training Materials: Hate Speech, Defamation and National Security. December 20, 2022. Accessed January 13, 2023. https://www.law-democracy.org/live/wp-content/uploads/2022/12/Training-Materials-2.Content-Restrictions.FINAL_.pdf

Author: Centre for Human Rights at University of Pretoria, Frank La Rue
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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, Frank La Rue talks about freedom of expression online and its challenges.

This segment is part of Module 5: Protecting freedom of expression in the digital age.

Author: Kate Jones
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“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.”

Kate Jones. “Online Disinformation and Political Discourse: Applying a Human Rights Framework”. 2019. https://www.chathamhouse.org/sites/default/files/2019-11-05-Online-Disinformation-Human-Rights.pdf

Author: Nani Jansen Reventlow, Jonathon Penney, Amy Johnson, Rey Junco, Casey Tilton, Kate Coyer, Nighat Dad, Adnan Chaudhri, Grace Mutung’u, Susan Benesch, Andres Lombana-Bermudez, Helmi Noman, Kendra Albert, Anke Sterzing, Felix Oberholzer-Gee, Holger Melas, Lumi Zuleta, Simin Kargar, J. Nathan Matias, Nikki Bourassa, Urs Gasser
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"This collection of essays includes perspectives on and approaches to harmful speech online from a wide range of voices within the Berkman Klein Center community. Recognizing that harmful speech online is an increasingly prevalent issue within society, we intend for the collection to highlight diverse views and strands of thought and to make them available to a wide range of audiences."

Nani Jansen Reventlow, et al., Perspectives on Harmful Speech Online. Berkman Klein Center for Internet & Society Research Publication, 2016.

Author: Luca Belli and Nicolo Zingales (eds)
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“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.”  

Luca Belli and Nicolo Zingales (eds). “Platform Regulations: How Platforms are Regulated and How they Regulate Us”. 2017. http://bibliotecadigital.fgv.br/dspace/handle/10438/19402.

 

Author: UN Special Rapporteur David Kaye
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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."

UN, Human Rights Council, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye. Report on AI’s Impact on Freedom of Expression. A/73/348. 29 August 2018.

Author: UN Human Rights Council, Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression (David Kaye)
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“In the first-ever UN report that examines the regulation of user-generated online content, the Special Rapporteur examines the role of States and social media companies in providing an enabling environment for freedom of expression and access to information online. In the face of contemporary threats such as “fake news” and disinformation and online extremism, the Special Rapporteur urges States to reconsider speech-based restrictions and adopt smart regulation targeted at enabling the public to make choices about how and whether to engage in online fora. The Special Rapporteur also conducts an in-depth investigation of how Internet Companies moderate content on major social media platforms, and argues that human rights law gives companies the tools to articulate their positions in ways that respect democratic norms and counter authoritarian demands.”

UN Human Rights Council, Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, David Kaye. Report on Content Regulation. A/HRC/38/35. April 2018.