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.

5 items found, showing 1 - 5
Author: Itxaso Domínguez de Olazábal
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7amleh, the Arab Center for the Advancement of Social Media, published a study on Palestinian digital rights and the global impact of EU legislation - the Digital Services Act (DSA) in particular. The study tackles the following questions: How does the DSA’s approach to hate speech and other harmful content affect the digital rights of Palestinians and advocates for Palestinian rights? What are the potential consequences of the DSA’s politicization by the EU in the Israel/Palestine context? What are the advantages and risks of the DSA for Palestinian digital rights? The study explains the DSA, interrogates its relevance for Palestinian digital rights, includes a case study of events that “​​worryingly point to the DSA having been applied with bias” in the timeframe starting from October 7, and concludes with recommendations addressing the EU institutions, civil society, and online platforms.

Itxaso Domínguez de Olazábal. Position Paper on Palestinian Digital Rights and the Extraterritorial Impact of the European Union’s Digital Services Act (DSA). 7amleh, April 2024. https://7amleh.org/storage/Advocacy%20Reports/English%207amleh.pdf


 

Author: ARTICLE 19
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This 2021 Policy Paper published by ARTICLE 19 provides a detailed overview of the potential harms of Biometric technologies, including violations of the fundamental rights of privacy and freedom of expression as well as “data protection, human dignity, non-discrimination, self-determination and the right to access an effective remedy.” Further, abuse of these technologies by law enforcement and other state bodies can result in discrimination from profiling of marginalized and at-risk communities. The Policy Brief provides case studies on the use of facial recognition and emotion recognition technologies, and offers a broad range of recommendations. Based on the gathered evidence, ARTICLE 19 calls for “a moratorium on the development and deployment of all biometric technologies until vital human rights safeguards are in place.” 

 

ARTICLE 19. When bodies become data: Biometric technologies and freedom of expression. April 2021. https://www.article19.org/biometric-technologies-privacy-data-free-expression/

Author: Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
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Africa’s ICT think-tank - the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) - published a report documenting the trends of the last decade in internet freedom in Africa. CIPESA has been releasing its annual State of Internet Freedom in Africa report since 2014; the 2023 publication celebrates the report’s 10th anniversary. Thematically reflecting on the past years of research and advocacy for digital rights in Africa, this special edition offers a clear look at the future. The featured essays discuss “Digital Democracy Vs. [Digital] Authoritarianism,” internet shutdowns, social media content regulation, data governance, online activism, new forms of internet censorship, gender dynamics online, state accountability for digital rights, disinformation, media literacy, and surveillance. “[W]hile the essays in this series largely paint a grim picture of where Africa stands today, not all is doom and gloom,” writes Dr. Wairagala Wakabi, CIPESA’s Executive Director. “Each essay in this report offers suggestions for how these authoritarian roadblocks can be navigated to ensure that the great majority of citizens in Africa can enjoy their online rights and for digital democracy to flourish.”

Collaboration on International ICT Policy for East and Southern Africa (CIPESA). A Decade of Internet Freedom in Africa: Recounting the Past, Shaping the Future. Kampala: CIPESA, 2023. https://cipesa.org/wp-content/files/reports/SIFA23_Report.pdf

Author: ARTICLE 19
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ARTICLE 19 has submitted our response to the UN Special Rapporteur on freedom expression’s call for comments on the issue of ‘content regulation in the digital age’. In the submission, they address risks to freedom of expression posed by developments in, and increased resort to, online content regulation, including in the following areas: 1) Companies’ compliance with state laws; 2) Companies’ self-regulatory initiatives; 3) Global take-down orders; 4) Insufficient reflection of the interests of users who face particular risks in companies’ Terms of Service; 5) Availability of appeals and remedies; 6) Algorithmic decision-making; amd 7) Lack of transparency. 

Article 19. ARTICLE 19's Submission to the UN Special Rapporteur's consultation on online content regulation. London: Article 19, 2017. https://www.article19.org/wp-content/uploads/2017/12/171219-UNSR-Consultation-on-Content-Regulation-December-ARTICLE-19.pdf

Author: OSCE
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“Artificial intelligence (AI) – a broad concept used in policy discussions to refer to many different types of technology – greatly influences and impacts the way people seek, receive, impart and access information and how they exercise their right to freedom of expression in the digital ecosystem. If implemented responsibly, AI can benefit societies, but there is a genuine risk that its deployment by States and private companies, such as internet intermediaries, could have a deteriorating effect on human rights… [This Paper] maps the key challenges to freedom of expression presented by AI across the OSCE region, in light of international and regional standards on human rights and AI. It identifies a number of overarching problems that AI poses to freedom of expression and human rights in general, in particular: (a.) The limited understanding of the implications for freedom of expression caused by AI, in particular machine learning; (b.) Lack of respect for freedom of expression in content moderation and curation; (c.) State and non-State actors circumventing due process and rule of law in AI-powered content moderation; (d.) Lack of transparency regarding the entire process of AI design, deployment and implementation; (e.) Lack of accountability and independent oversight over AI systems; and, (f.) Lack of effective remedies for violation of the right to freedom of expression in relation to AI. This Paper observes that these problems became more pronounced in the first months of 2020, when the COVID-19 pandemic incentivized States and the private sector to use AI even more, as part of measures introduced in response to the pandemic. A tendency to revert to technocratic solutions, including AI-powered tools, without adequate societal debate or democratic scrutiny was witnessed. Using four specific case studies (“security threats”; “hate speech”; media pluralism and diversity online; and the impact of AI-powered State surveillance on freedom of expression), this Paper shows how these problems manifest themselves. This Paper concludes that there is a need to further raise awareness, and improve understanding, of the impact of AI related to decision-making policies and practices on freedom of expression, next to having a more systematic overview of regional approaches and methodologies in the OSCE region. It provides a number of preliminary recommendations to OSCE participating States and internet intermediaries, to help ensure that freedom of expression and information are better protected when AI is deployed.”

OSCE. “Artificial Intelligence and Freedom of Expression”. 2020. https://www.osce.org/files/f/documents/9/f/456319_0.pdf