Freedom of expression

Updates

Safety of Female Journalists Online (SOFJO) Conference 2019 under the theme ‘Expanding Opportunities for Freedom of Expression and Media Plurality’ has been organised by the Organization for Security and Co-operation (OSCE) in Europe. OSCE Representative on Freedom of the Media (RFoM), Mr Harlem Désir, and Council of Europe (CoE) Commissioner for Human Rights and former OSCE FRoM, Ms Dunja Mijatović, addressed the audience. In his opening speech, Désir noted that with the increase of threats against the press, female journalists face specific type of gender-based violence online. It includes sexually explicit and misogynistic abuse, death threats, surveillance, imprisonment, and other types of intimidation against female journalists and their families. It is aimed at silencing their voices and removing them from work. He called for ‘meaningful and systematic response and holistic approach’, which needs to include Internet platforms, media companies, and political will at the highest level. Last December, OSCE participating states unanimously adopted an OSCE Ministerial Decision on Safety of Journalists. Désir underlined the courage of journalists who have shared their challenging experiences, which resulted with a documentary ‘A Dark Place’. Mijatović launched ‘Safety of Female Journalists Online’ project in 2014 in order to highlight the issue and call for greater action against the trend which attacks both media freedom and human rights. She reminded about the importance of adopting gender sensitive approaches to policy developments in order to have the full participation of women in online spaces. ‘States must step up the implementation of the human rights standards they have adopted on the safety of journalists and on combating violence against women. They have the duty to adopt protective measures for female journalists and to encourage the private sector and the media to fight gender-based violence online.’

India’s government is finalising proposals to enable itself to block internet content, continuing its battle with global Internet technology companies (for example, India was the first country to reject Facebook's Free Basics). The new rules would require that applications like Facebook, Twitter, and TikToc implement automated screening tools and to remove posts or videos Indian officials consider 'libelous, invasive of privacy, hateful, or deceptive'. They could also undermine the privacy protections of messaging services by allowing the government to trace messages, for example. Critics have compared the moves to censorship policy in China

Wired's Paris Martineau commented on the situation in India is Cracking Down on Ecommerce and Free Speech.

The European Broadcasting Union (EBU) and 11 partner organisations of the Council of Europe Platform jointly launched their annual report on media freedom in Europe with an aim to promote the protection of journalism and safety of journalists.

The report titled, “Democracy at Risk: Threats and Attacks against Media Freedom in Europe” says that press freedom in Europe is more fragile now than it was in the cold war era. In addition to providing an overview of the urgent threats to media freedom identified in 2018, the report also takes an in-depth look at particular issues or country contexts that individual partner organisations have identified as especially salient during the past year. 

The partners including journalists’, media organisations and freedom of expression advocacy groups, reported 140 serious violations in 32 Council of Europe member states thus providing an on-ground picture of the worsening environment for the media across Europe. The reported threats include journalists facing obstruction, hostility and violence as they investigate and report on behalf of the public and according to the report, threats to press freedom in Europe doubled in 2018.

In addition to a country wise break up of various media attacks, it also discusses changes in the media landscape in Europe that potentially pose a threat to media freedom.

A UK government report says that regulation is needed to ensure the reliability of news content distributed by Internet companies like Facebook, Google, and Apple. The Cairncross Review: A Sustainable Future states that 'This task is too important to leave entirely to the judgment of commercial entities'. The reviewers were asked to 'consider the sustainability of the production and distribution of high-quality journalism, and especially the future of the press, in this dramatically changing market' and also 'looked at the overall state of the news media market, the threats to the financial sustainability of publishers, the impact of search engines and social media platforms, and the role of digital advertising'.

Google's cybersecurity incubator Jigsaw expands its Project Shield for political organisations in Europe on the eve of parliamentary elections in May 2019. Project Shield was launched in 2016 to mitigate distributed denial of service (DDoS) attacks for free on news websites in the US to keep vital political information accessible. The project was aimed at smaller independent news organisations that did not have the resources to survive DDoS attacks and stay online. Later, the project started to protect sites for registered political organisations, independent journalists, human rights groups, and elections monitoring services. Now the project is also available for European operators for free. European political organisations will be able to protect their websites from DDoS attacks that may deny people from accessing their information. This year’s European Parliament elections will attract more attention than usual because of the Brexit issue.

Online activist and journalist Huang Qi went on trial in Mianyang, Sichuan, facing charges from November 2016 of leaking state secrets. No verdict has yet been reported concerning the last-minute trial. His early work on finding missing persons was lauded by the Chinese government, but later work published on the site 64tianwang (in Chinese) and his reporting on alleged government officials' wrongdoing have resulted in at least two previous detentions since 2009.

Amnesty International, Human Rights Watch and Freedom House, along with 11 other organisations released a statement last November reporting that Huang Qi could die in police custody if he does not receive medical treatment for high blood pressure and late-stage kidney disease.

Several international instruments guarantee the right to freedom of expression. The Universal Declaration of Human Rights affirms that this right includes the freedom to hold opinion without interference and to seek, receive and impart information and ideas. The Internet, with the opportunity it offers people to express themselves, is seen as an enabler of the exercise of this particular human right. Although these freedoms are guaranteed in global instruments and in national constitutions, in some countries freedom of expression is often curtailed through online censorship or filtering mechanisms, imposed by states, often for political reasons.

Safeguarding freedom of expression

Online freedom of expression has featured high on the diplomatic agenda in the past few years; it is, for example, on the agenda of the UN Council of Human Rights, as well as of regional intergovernmental bodies such as the Council of Europe. Freedom of expression on the Internet has also been discussed at numerous international conferences, including in the framework of Internet governance-related processes. The IGF annual meetings have also featured many discussions on issues related to the protection of freedom of expression online.

The discussion on online freedom of expression has been a contentious policy area. This is one of the fundamental human rights, usually appearing in the focus of discussions on governmental content control, censorship, and surveillance. Online freedom of expression also spans a number of other Internet governance-related issues such as encryption and anonymity, net neutrality, and intellectual property rights. Some of these aspects have been analysed in reports issued by the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, who has emphasised on numerous occasions that the right to freedom of expression online deserves strong protection. Issues under study by the special rapporteur include protecting against censorship while addressing online gender-based abuse, and continuing blockages of Internet services around the world. Freedom of expression also appears in broader discussions on human rights and access to the Internet.

Freedom of expression is protected by global instruments, such as the Universal Declaration of Human Rights (Article 29) and the International Covenant on Civil and Political Rights (Article 19), and regional instruments such as the European Convention on Human Rights (Article 10) and the American Convention of Human Rights (Article 13).

In the Universal Declaration of Human Rights, freedom of expression (Article 19) is counterbalanced by the right of the state to limit freedom of expression for the sake of morality, public order, and general welfare (Article 29). Thus, both the discussion and implementation of Article 19 must be put in the context of establishing a proper balance between two needs. This ambiguous situation opens many possibilities for different interpretations of norms and ultimately different implementations. The controversy around the right balance between Articles 19 and 29 in the real world is mirrored in discussions about achieving this balance on the Internet.

The main governance mechanism for addressing online freedom of expression is the UN Human Rights Council Resolution on Protection of Freedom of Expression on the Internet (2012). NGOs such as Human Rights Watch, Amnesty International and Freedom House have developed numerous mechanisms for discussing and implementing freedom of expression on the Internet. Freedom House evaluates the level of Internet and mobile phone freedom experienced by average users in sample countries around the world. The latest Freedom on the Net study (2017) notes that Internet freedom worldwide has declined for the seventh consecutive year.

Events

Actors

(IPU)

In line with its objective to build strong and democratic parliaments, the IPU assists parliaments in building

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In line with its objective to build strong and democratic parliaments, the IPU assists parliaments in building their capacity to use information and communications technologies (ICT) effectively. In 2005, the IPU, together with UNDESA, established a Global Centre on ICT in Parliament, mainly aimed at promoting the use of ICTs in parliaments as a mean to increase transparency and effectiveness. The IPU has also been mandated by its member states to carry on capacity development programmes for parliamentary bodies tasked to oversee observance of the right to privacy and individual freedoms in the digital environment.

(UNHRC)

Privacy and data protection online has been the subject of many UNHRC resolutions.

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Privacy and data protection online has been the subject of many UNHRC resolutions. General resolutions on the promotion and protection of human rights on the Internet have underlined the need for states ensure a balance between cybersecurity measures and the protection of privacy online. The Council has also adopted specific resolutions on the right to privacy in the digital age, emphasising the fact that individuals should not be subjected to arbitrary of unlawful interference with their privacy, either online or offline. The UNHRC has also mandated the Special Rapporteur on the right to privacy to address the issue of online privacy in his reports.

(UN OHCHR)

Challenges to the right to privacy in the digital age (such as surveillance and interception) are among the is

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Challenges to the right to privacy in the digital age (such as surveillance and interception) are among the issues covered by activities of the High Commissioner for Human Rights. At the request of the UN General Assembly, the Commissioner prepared a report of the right to privacy in the digital age, which was presented to the Assembly in December 2014. The office of the Commissioner also organises discussions and seminars on the promotion and protection of the right to privacy in the online space, and collaborates on such issues with the UN Special Rapporteur on the right to privacy.

(FOC)

The coalition, which is committed to advancing Internet freedom, had formed multistakeholder working groups: A

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The coalition, which is committed to advancing Internet freedom, had formed multistakeholder working groups: An Internet Free and Secure; Digital Development and Openness; and Privacy and Transparency online. While all working groups worked on different aspects of Internet freedom, the Digital Development and Openness considered human rights online especially criminalisation of speech. The mandate of the working groups came to an end in May 2017 and was not renewed. In 2014, the coalition issued a statement on restriction on access to social media and in April 2017, one another condemning Internet shutdowns.

(CoE)

The Council of Europe has been actively involved in policy discussions on the issue of net neutrality.

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The Council of Europe has been actively involved in policy discussions on the issue of net neutrality. In 2010, the Committee of Ministers adopted a Declaration on network neutrality declaring its commitment to the principle of net neutrality. Later on, and in line with the Council’s Internet Governance Strategy, the Committee adopted a Recommendation on protecting and promoting the right to freedom of expression and the right to private life with regard to network neutrality, calling on member states to safeguard net neutrality in legal frameworks. Issues related to net neutrality and its connections with human rights are also tackled in events organised and studies conducted by the Council.

(APC)

The Association for Progressive Communications regularly participates at the UN Human Rights Council,

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The Association for Progressive Communications regularly participates at the UN Human Rights Council, to defend the freedom to use encryption technology and to communicate anonymously. One of APC’s strategic priorities for 2016-2019 is to ensure civil society actors and human rights defenders have the capacity to confidently use the Internet and ICTs, by means of privacy-enabling technologies.

Instruments

Conventions

Link to: Convention on Cybercrime (Budapest Convention) | Part on freedom of expression (2001)

Judgements

Resolutions & Declarations

IPU Resolution: 'Democracy in the Digital Era and the Threat to Privacy and Individual Freedoms' (2015)
Universal Declaration of Human Rights (1948)

Recommendations

Other Instruments

Tunis Agenda for the Information Society (WSIS) (2005)

Resources

Articles

Freedom of Expression on the Internet Needs to be Weighed against Social Responsibility (2016)
The Digital Dictator's Dilemma: Internet Regulation and Political Control in Non-Democratic States (2014)
Trends in Transition from Classical Censorship to Internet Censorship: Selected Country Overviews (2012)
Policy and Regulatory Issues in the Mobile Internet (2011)
The Impact of Internet Content Regulation (2002)

Publications

Internet Governance Acronym Glossary (2015)
Securing Safe Spaces - Online Encryption, online anonymity, and human rights (2015)
An Introduction to Internet Governance (2014)
Analyzing Freedom of Expression Online: Theoretical, Empirical, and Normative Contributions (2013)

Reports

One Internet (2016)
Freedom of the Press 2016 (2016)
2016 World Press Freedom Index (2016)
Encryption: A Matter of Human Rights (2016)
Content Removal Requests Report (2016)
Global Support for Principle of Free Expression, but Opposition to Some Forms of Speech (2015)
Freedom on the Net 2015 (2015)
New Challenges to Freedom of Expression: Countering Online Abuse of Female Journalists (2015)
Government Request Report (2015)
Renewing the Knowledge Societies Vision for Peace and Sustainable Development (2013)

GIP event reports

Your Freedom of Expression vs. Mine? Who Is in Control? (2018)
Information Disorder: Causes, Risks and Remedies (2018)
World Press Freedom Day 2018: 'Keeping Power in Check: Media, Justice and the Rule of Law' (2018)
Expert Workshop on the Right to Privacy in the Digital Age (2018)
The Legal Framework for Countering Terrorist and Violent Extremist Content Online (2017)
Realizing Rights Online: From Human Rights Discourses to Enforceable Stakeholder Responsibilities (2017)
Report for Violent Extremism Online – A Challenge to Peace and Security (2017)

Other resources

PEN America online harassment Field Manual (2018)
Internet Legislation Atlas (2016)
Security for All: An Open Letter to the Leaders of the World's Governments (2016)

Processes

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13th IGF 2018

WSIS Forum 2018

12th IGF 2017

WSIS Forum 2017

IGF 2016

WTO Public Forum 2016

WSIS Forum 2016

WSIS10HL

IGF 2015

IGF 2016 Report

 

Continuing a trend to keep human rights at the forefront, a main session at the IGF 2016 was dedicated to the topic (Human Rights: Broadening the Conversation). This demonstrates that the IGF has matured to a point where human rights (Dynamic Coalition on Internet Rights and Principles) are now accepted as an underlying unifying force (Mapping Digital Rights in the Middle East and North Africa: A New Visual Tool for Comparative Analysis). 

Freedom of expression was a cross cutting topics across various sessions focusing on human rights. The Freedom Online Coalition Open Forum discussed, among other issues, about the negative consequences that activities such as cyber surveillance and illegal interception of communications have on the right to freedom of expression.The implications of online extremisms and whether there should be limits to the right to freedom of expression to tackle this challenges were also discussed, and it was underlined that there is a need to to promote a counter-narrative strategy to prevent radicalisation and extremism online (Free Expression & Extremism: An Internet Governance Challenge - WS96). 

The impact of content control policies on freedom of expression and other human rights was also discussed (Sex and Freedom of Expression Online - WS164). As was underlined in several sessions, delicate balances need to be achieved between protecting the public interest (a concept whose under- standing varies across cultures) and preserving the right to freedom of expression. 

 

WSIS Forum 2016 Report

 

Challenges related to freedom of expression online were addressed in several sessions. Session 114 - Action Line C9 (Media): Promote Media Freedom and Internet Universality at the Heart of Achieving SDG Target 16.10 highlighted the goal to ‘ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements’. Freedom of expression, access to information, and the safety of journalists were stressed as important foundations to achieving this goal.

Cooperation among different stakeholders was emphasised as crucial support for a strategy to implementation of Action Line C9 (Media). During one of the Moderated High Level Policy Sessions (session 223) also looed into the problem of freedom online, and it was said that in many countries civil society representatives have less freedom to do their work since their calls are being intercepted without their knowledge, or journalists are not being able to trust that their sources will be protected. 

IGF 2015 Report

 

Freedom of expression is a recurrent issue at IGFs, and this year’s IGF also served to revisit well-known challenges. Yet, the discussion has evolved over the years: what was previously a debate in favour of declaring online freedom of speech a right, has become a discussion on how to ensure that the right is truly respected – both online and offline.

The UN resolution which proclaimed that the same rights which people have offline must also be protected online marked the turning point in the debate. It was preceded by another important instrument: former Special Rapporteur Frank La Rue’s 2012 report and the three-part cumulative test, which has become a litmus test for the protection of freedom of speech.

Several workshops made reference to La Rue’s report, with discussions on various aspects related to implementing his recommendations. The workshop on Freedom of Expression online: Gaps in policy and practice (WS 153), for example, brought together groups to share their countries’ experiences of the implementation (or otherwise) of the cumulative tests and indicators mentioned in La Rue’s report.

Yet, various challenges still persist. While on one hand technology has increased the user’s freedom of expression, on the other there are several challenges ahead in adopting a framework for freedom of expression that can apply globally, which many are calling for. And in the open microphone and taking stock session, the need to prevent the Internet from becoming a tool of repression was once again emphasised.

In the main session on Internet Economy and Sustainable Development, access to information was discussed in the context of the Sustainable Development Goals (SDGs). In referring to Goal 16.10, to ‘ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements’, it was agreed that in order to achieve a holistic approach to the importance of ICTs and the Internet in reaching the SDGs, the social, cultural, and educational components must also be addressed.

 

 

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