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 1 - 10

Surveillance

Author: Columbia Global Freedom of Expression, Dinah PoKemper
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In this segment of the MOOC created by Columbia Global Freedom of Expression, Dinah PoKempner talks about surveillance and human rights today.

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: UN and OAS Special Rapporteurs for Freedom of Expression
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"In response to the release of information on secret surveillance programs used in the fight against terrorism and the defense of national security that could severely affect the right to freedom of thought and expression and the right to privacy, the United Nations (UN) Special Rapporteur on Freedom of Opinion and Expression and the Special Rapporteur for Freedom of Expression of the OAS Inter-American Commission on Human Rights consider it necessary to highlight a series of international legal principles on the issue."

UN and OAS Special Rapporteurs for Freedom of Expression, Joint Declaration on surveillance programs and their impact on freedom of expression, June 21, 2013.

Author: UNESCO, Julie Poseti
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“While the rapidly emerging digital environment offers great opportunities for journalists to investigate and report information in the public interest, it also poses particular challenges regarding the privacy and safety of journalistic sources. These challenges include: mass surveillance as well as targeted surveillance, data retention, expanded and broad antiterrorism measures, and national security laws and over-reach in the application of these.”

Poseti, Julie. Protecting journalism sources in the digital age. Paris: UNESCO, 2017.

Author: Dominika Bychawska-Siniarska
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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.

Dominika Bychawska-Siniarska Bychawska-Siniarska Protecting the Right to Freedom of Expression under the European Convention on Human Rights: a handbook for legal practitioners (Strasbourg, Council of Europe Publishing, 2017).

Author: UN Special Rapporteur David Kaye
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The report (A/HRC/32/38) addresses “the intersection of State regulation, the private sector and freedom of expression in a digital age. In it, the Special Rapporteur examines the legal framework that pertains to freedom of expression and principles applicable to the private sector, identifies key participants in the information and communications technology sector that implicate freedom of expression, and introduces legal and policy issues that he will explore over the course of his mandate.”

UN, Human Rights Council, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye. Report on Freedom of expression, states and the private sector in the digital age. A/HRC/32/38. 11 May 2016.

Author: UN Special Rapporteur Frank La Rue
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The report (A/HRC/23/40) “analyses the implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression. While considering the impact of significant technological advances in communications, the report underlines the urgent need to further study new modalities of surveillance and to revise national laws regulating these practices in line with human rights standards.”

UN, Human Rights Council, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue. Report on the implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression. A/HRC/23/40. 17 April 2013.

Author: UN General Assembly
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Resolution 68/167 on the right to privacy in the digital age.

UN, General Assembly. Resolution 68/167. The right to privacy in the digital age. A/RES/68/167. 18 December 2013. https://undocs.org/en/A/RES/68/167

Author: Catalina Botero Marino, Federico Guzmán Duque, Sofía Jaramillo Otoya, Salomé Gómez Upegui
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“This guide was designed as a basic and synthetic input to help judges and legal practitioners across the Americas who must apply international (especially inter-American) standards that enshrine and protect the fundamental right to freedom of expression.” Available only in Spanish.

C. Botero Marino, F. Guzmán Duque, S. Jaramillo Otoya, S. Gómez Upegui. El Derecho A La Libertad De Expresión: Curso avanzado para jueces y operadores jurídicos en las Américas: Guía curricular y materiales de estudio. July 2017.

Author: Media Legal Defense Initiative
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"The MLDI Training Manual on Digital Rights and Freedom of Expression Online is designed to assist lawyers represent web-based journalists, bloggers and other online media. It comprises a comprehensive overview of international and comparative law on access to the internet, digital privacy and online data protection as well as specific types of speech-related offences online."

Media Legal Defense Initiative.Training Manual on Digital Rights and Freedom of Expression Online: Litigating digital rights and online freedom of expression in East, West and Southern Africa (2018)