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

Surveillance

Author: Media Defence
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The article, published by Media Defence, reviews some of the written submissions – third-party interventions and expert opinions – that the organization filed before domestic courts in 2024, striving to foster press freedom at national levels. The list of countries includes Albania, Angola, Brazil, Cambodia, Colombia, Mexico, Romania, Serbia, and Thailand. The cases vary in the issues considered: Media Defence filed arguments on source confidentiality, sedition laws, satire, incitement, restriction of information access, artistic expression, respect for private life, data protection, and surveillance.

Media Defence. “Filing Amicus Curiae and Other Submissions at Domestic Courts: Strengthening Freedom of Expression at the National Level.” Accessed January 15, 2025. https://www.mediadefence.org/news/amicus-curiae-domestic-courts/ 

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: Freedom House
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“Freedom on the Net is an annual study of human rights in the digital sphere. The project assesses internet freedom in 70 countries, accounting for 88 percent of the world’s internet users. This report, the 11th in its series, covered developments between June 2020 and May 2021.” Its key findings are: “1) Global internet freedom declined for the 11th consecutive year; 2) Governments clashed with technology companies on users’ rights; 3) Free expression online is under unprecedented strain; 4) China ranks as the worst environment for internet freedom for the seventh year in a row; 5) The United States’ score declined for the fifth consecutive year; and, 6) State intervention must protect human rights online and preserve an open internet…[The uploaded report] is a summary of findings for the 2021 edition of Freedom on the Net. Narrative reports on the 70 countries assessed in this study can be found on our website at freedomonthenet.org.” 

Freedom House. “Freedom on the Net 2021: The Global Drive to Control Big Tech”. 2021. https://freedomhouse.org/sites/default/files/2021-09/FOTN_2021_Complete_Booklet_09162021_FINAL_UPDATED.pdf.

Author: Freedom House
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For the thirteenth year in a row, there has been a drop in internet freedom worldwide, with digital repression causing the largest decline in Iran. Myanmar was found to have the worst internet freedom conditions in the world, while President Rodrigo Duterte's use of an antiterrorism statute to restrict news sites critical of his administration made matters worse in the Philippines. After a presidential candidate whose campaign manager employed internet trolls to intimidate media outlets was elected, Costa Rica's reputation as a champion of internet freedom came under danger. Attacks on the right to free speech have become more widespread; out of the 70 nations that Freedom on the Net covers, 55 have reported facing legal consequences for online speech, and 41 have executed or killed individuals for their comments posted online.

With 47 governments using commenters to sway online debates, generative artificial intelligence (AI) poses a serious challenge to online disinformation tactics. Disinformation strategies have intensified as a result of the increased sophistication, accessibility, and ease of use of AI-based technologies. Governments have also improved and honed their online censorship strategies; in 22 countries, laws have been passed requiring or rewarding digital companies to use machine learning to filter out objectionable social, political, and religious content.

The defenders of democracy must apply the lessons they have learnt from previous internet governance issues to AI to preserve online freedom. AI has the potential to be a powerful tool for digital repression, increasing the efficiency, speed, cost-effectiveness, and ease of censorship, surveillance, and the production and dissemination of false information.

Freedom House. 'Freedom on the Net 2023: The Repressive Power of Artificial Intelligence'. 2023. https://freedomhouse.org/sites/default/files/2023-11/FOTN2023Final.pdf

Author: Julia Haas, Office of the OSCE Representative on Freedom of the Media
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“This paper addresses how the use of artificial intelligence (AI) affects freedom of expression and media freedom. While AI can improve communication and information access in numerous ways, including through legacy media, this paper focuses on the main concerns when AI is not deployed in a human rights-friendly manner…This paper also addresses how biases both in datasets and of human developers may risk perpetuating existing inequality, how AI affects legacy media and how the COVID-19 pandemic aggravates the above-mentioned concerns. Providing policy recommendations, this paper concludes that states and the private sector need to guarantee that the design and deployment of AI are grounded in human rights, with transparency and accountability being ensured at all stages.”

Julia Haas. “Global Conference for Media Freedom: Freedom of the Media and Artificial Intelligence”. 2020. https://www.international.gc.ca/campaign-campagne/assets/pdfs/media_freedom-liberte_presse-2020/policy_paper-documents_orientation-ai-ia-en.pdf

Author: Muhammad Qa’adan
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This report, published annually by 7amleh - The Arab Center for the Advancement of Social Media, documents systemic violations of Palestinians’ digital rights – violations amplified by the 15-month Israel-Gaza war. What roles do Israeli authorities and social media companies play in restricting digital spaces for Palestinians? From hateful and discriminatory content and surveillance systems to the militarization of AI and large-scale damage to communication infrastructure, the report surveys the impact on freedom of expression, freedom of assembly and association, right to privacy, and right to internet and information access.

Muhammad Qa'adan. Hashtag Palestine 2024: The War on Gaza, Digital Rights Violations, and Weaponization of AI, 7amleh - The Arab Center for the Advancement of Social Media, January 2025. https://7amleh.org/storage/jan%20feb%202025%20reports/English%20hashtag.pdf 
 

Author: ARTICLE 19
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In this newly released report, part of the Engaging Tech for Internet Freedom initiative, ARTICLE 19 focuses on tech companies and their corresponding human rights obligations in authoritarian states – in this issue, China, Myanmar, and Vietnam. Zooming in on freedom of expression and privacy, the report unpacks how tech companies have been responding to oppressive legal and political conditions. Case studies show that companies have often referred to domestic laws in explaining their collaboration with the authorities, thus allowing for censorship, propaganda, breach of data privacy, and surveillance. ARTICLE 19 calls on companies to employ a human-rights-centered approach in decision-making and comply with the UN Guiding Principles on Business and Human Rights. The report lists recommendations for the states in the region and tech companies operating within them. Find more relevant ARTICLE 19 publications on China, Myanmar, and Vietnam here.

ARTICLE 19. Human Rights Responsibilities and Challenges for Tech Companies Operating in Authoritarian Countries. London: ARTICLE 19, 2024. https://www.article19.org/wp-content/uploads/2024/09/ETIF-Thematic-Report-12Sep-24.pdf 

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.