Freedom of Expression Online

“Surveillance of individuals – often journalists, activists, opposition figures, critics and others exercising their right to freedom of expression – has been shown to lead to arbitrary detention, sometimes to torture and possibly to extrajudicial killings. Such surveillance has thrived amid weak controls on exports and transfers of technology to Governments with well-known policies of repression. In the present report, the Special Rapporteur begins by identifying the problem of targeted surveillance seen from the obligations that human rights law imposes on States and the related responsibilities of companies. He then proposes a legal and policy framework for regulation, accountability and transparency within the private surveillance industry. He concludes with a call for tighter regulation of surveillance exports and restrictions on their use, as well as a call for an immediate moratorium on the global sale and transfer of the tools of the private surveillance industry until rigorous human rights safeguards are put in place to regulate such practices and guarantee that Governments and non-State actors use the tools in legitimate ways.”

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.”

“Threats to digital expression and Internet freedom are more pronounced than ever. Internet shutdowns have emerged as a popular means of information control. Government surveillance continues to intensify worldwide, jeopardizing the privacy and security of millions. Net neutrality – the long-held premise that all Internet data should be treated equally and without undue interference – has come under attack. In this increasingly hostile environment, what are the human rights responsibilities of the Information, Communications and Technology sector – particularly those actors that facilitate the provision of telecommunications and Internet access, and serve as gatekeepers of the digital infrastructure? To address this question, the Special Rapporteur first examines the role of States in undermining freedom of expression online, and what their obligation to protect this fundamental right entails. The Special Rapporteur subsequently evaluates the role of digital access providers – not just telecommunications companies and Internet service providers, which have become synonymous with digital access, but also non-consumer facing actors like network equipment vendors, content delivery networks, and Internet exchange points. Drawing on the United Nations Guiding Principles on Business and Human Rights and best practices in the field, the Special Rapporteur proposes concrete steps that digital access providers should take to safeguard the freedom of expression of Internet users worldwide.”

Resolution 68/167 on the right to privacy in the digital age.

Published by the Center for Media Freedom and Responsibility (CMFR) and prepared together with co-founders of the Freedom for Media, Freedom for All network, the report starts with a warning: the scale of the damage done to press freedom in the Philippines under President Rodrigo Duterte has yet to be known. From July 1, 2022, to April 30, 2024, 135 attacks and threats against journalists have been documented; 45 of those cases are instances of “red-tagging,” and 19 are cases of unlawful surveillance. Alarmingly, 37% of all the cases recorded allegedly bear links to government agents. Eight journalists received charges of libel and “cyber libel.” Three reporters – Rey Blanco, Percy Lapid, and Cresencio Bundoquin – have been killed during that time. Calling for more media to cover human rights issues, the CMFR stresses, “Press freedom is designed to create a society where citizens are continually educated, learning what they must know, helping them develop the judgment to choose good leaders, and committed to democratic development so citizens can exercise their rights without fear.”

“The Global Expression Report is a global, data-informed, annual look at freedom of expression worldwide. With the benefit of data and hindsight, we take a look at 2020 – how this fundamental right fared, what the key trends were, and how global events affected its exercise. The Global Expression Report’s metric (the GxR Metric) tracks freedom of expression across the world. In 161 countries, 25 indicators were used to create an overall freedom of expression score for every country, on a scale of 1 to 100 which places it in an expression category. The GxR reflects not only the rights of journalists and civil society but also how much space there is for each of us – as individuals and members of organisations – to express and communicate; how free each and every person is to post online, to march, to research, and to access the information we need to participate in society and hold those with power to account. This report covers expression’s many faces: from street protest to social media posts; from the right to information to the right to express political dissent, organise, offend, or make jokes. It also looks at the right to express without fear of harassment, legal repercussions, or violence.”

“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.

"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."

"This toolkit was created by International Senior Lawyers Project (ISLP) to share strategies for defending media freedoms in the digital age with lawyers and human rights defenders. ISLP’s Media Law Working Group has, for the past 20 years, protected freedom of expression by supporting journalists and watchdog non-governmental organizations that investigate, report on, and litigate matters involving the right to freedom of expression. ISLP’s Media Law Working Group also provides legal advice on telecommunications, freedom of information, and privacy laws. ISLP believes that freedom of expression is necessary for a transparent, accountable, and democratic government and is the foundation of a free society. This toolkit was developed from the publishers’ experience working with lawyers, journalists, and human rights defenders in Southern and Eastern Africa. ISLP has worked with local Media Institute of Southern Africa (MISA) chapters to train lawyers and human rights defenders from Malawi, Mozambique, Zambia, and Zimbabwe on protecting freedom of expression using international law arguments. The practical information provided in this toolkit is designed to enable local advocates to use international law in regional bodies to defend freedom of expression and argue for stronger human rights protections in SADC. This resource focuses on international law arguments to defeat criminal defamation and cyber libel charges brought against journalists and bloggers."

"Este kit de ferramentas foi criado pelo International Senior Lawyers Project (ISLP) para partilhar estratégias de defesa da liberdade dos meios de comunicação social na era digital com advogados e defensores dos direitos humanos. O Grupo de Trabalho de Direito dos Media do ISLP tem, nos últimos 20 anos, protegido a liberdade de expressão apoiando jornalistas e organizações não governamentais de vigilância que investigam, relatam e litigam assuntos que envolvem o direito à liberdade de expressão. O Grupo de Trabalho de Direito dos Media do ISLP também fornece aconselhamento jurídico relacionado com telecomunicações, liberdade de informação e leis de privacidade. O ISLP acredita que a liberdade de expressão é necessária para um governo transparente, responsável e democrático e é a base de uma sociedade livre. Este kit de ferramentas foi desenvolvido a partir da experiência dos editores em trabalhar com advogados, jornalistas e defensores dos direitos humanos na África Austral e Oriental. O ISLP tem trabalhado com as secções locais do Media Institute of Southern Africa (MISA) na formação de advogados e defensores dos direitos humanos do Malawi, Moçambique, Zâmbia e Zimbabué sobre a protecção da liberdade de expressão utilizando argumentos do direito internacional. A informação prática fornecida neste kit de ferramentas foi concebida para permitir que os defensores locais utilizem o direito internacional em órgãos regionais para defender a liberdade de expressão e argumentar a favor de uma maior protecção dos direitos humanos na SADC. Este recurso centra-se em argumentos de direito internacional para defender contra acusações criminais de difamação e ciberdifamação apresentadas contra jornalistas e bloguistas."