Other human rights

Updates

The government of Cambodia has issued a prakas (regulation) 'to prevent ... the spreading of information whether in the form of text, voice, picture, video or other media that would cause chaos and threaten national security and defence, harm relations with other countries, the national economy, public order, and discriminate against the cultural integrity of the country', according to The Phnom Penh Post's Government Beefs up Internet Surveillance. According to a government official cited in the Southeast Asia Globe, the degree was not a crackdown, nor had anything to do with the upcoming elections. However, Free Malaysia Today called it 'the government’s latest move to control information ahead of a general election in July'. Staff from three government ministries would monitor content, and ISPs will also be required to filter or block any content that violates the law.

Medianama's UN Rapporteur: Human rights central to content regulation notes the publication of UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression David Kaye's latest report to the UN Human Rights Council, the 2018 thematic report to the Human Rights Council on content regulation. The report is the first to examine the regulation of user-general online content, as it makes recommendations for both states and companies, particularly about fake news, disinformation, and online extremism. Global Partners Digital has highlighted three points among others:

  • First, the clear assertion that states must ensure that the legal and policy framework ensures an enabling environment for freedom of expression online
  • Second, the report calls for online platforms to use international human rights law and standards as the basis for developing and implementing their content standards.
  • Third, the report’s call for greater means for users to appeal and obtain remedies for wrongful decisions, as well as public accountability

The Toronto Declaration, calling for algorithms to respect human rights, was released on 16 May as part of the RightsCon 2018. The declaration highlights the obligation of governments and tech companies 'to prevent machine learning systems from discriminating, and in some cases violating, existing human rights law', respecting the basic principles of equality and non-discrimination. The declaration, as a non-legally binding guideline, includes the right to remedy and more transparency.

Pages

The human rights basket includes online aspects of freedom of expression, privacy and data protection, rights of people with disabilities and women’s rights online. Yet, other human rights come into place in the realm of digital policy, such as children’s rights, and rights afforded to journalists and the press.

The same rights that people have offline must also be protected online is the underlying principle for human rights on the Internet, and has been firmly established by the UN General Assembly and UN Human Rights Council resolutions.

In addition to main instruments on human rights (see each issue for a list of relative instruments), the Internet Rights and Principles Dynamic Coalition, the Internet Rights & Principles Charter, and the APC Internet Rights Charter include human rights specifically related to the effects of the Internet on human rights. Other human rights documents and statements are listed under 'Instruments'.

All human rights issues are cross-cutting and interdependent. For example, the freedom of expression and information is related to access to the Internet and net neutrality. Protection of minority rights is influenced by multilingualism and promotion of cultural diversity. Children’s rights have a strong security element. Ensuring the protection of privacy is important in dealing with cybersecurity.

Human rights-related issues are debated in various Internet governance processes, such as WSIS and the IGF. While human rights are usually explicitly addressed as a stand-alone issue, they intertwine with other issues such as net neutrality (access, freedom of expression, anonymity), cybersecurity (observing human rights while carrying out cybersecurity activities), content policy, etc. For the first time, after years of proposals and discussions, the IGF in 2015 held a main session on human rights, an important move signalling recognition of the link between human rights, access and ‘connecting the next billion’.   

Bringing human rights into focus, the Snowden revelations of mass surveillance triggered the diplomatic process on online privacy within the UN General Assembly and the UN Human Rights Council. and probably influenced the decision to appoint a UN Special Rapporteur on the Right to Privacy in the Digital Age. In 2015, the Nobel Peace Prize was awarded to the Tunisian National Dialogue Quartet 'for its decisive contribution to the building of a pluralistic democracy in Tunisia in the wake of the Jasmine Revolution of 2011' [also known as the Arab Spring], where social media and online communication played an important role; this also highlights the importance being given to human rights on the world stage. These developments underline a trend to recognise human rights as a priority for global digital policy. Freedom of expression, content policy and other human rights are now appearing on digital agendas, and will continue to gain in importance.

Children’s digital rights

When it comes to promoting the benefits of technology for children while at the same time fostering a safe and secure online environment, stakeholders need to strike a careful balance between the need to safeguard children against inappropriate content and risky behaviour, and the need to respect children’s digital rights, including the right to access information and freedom of speech.

Child online protection tends to focus on the protective aspect of children's use of technology. In fact, many argue that the Internet and technology have increased the risks for children, and therefore, children can reap the benefits only if the risks are mitigated. However, policies which focus exclusively on online risks can sideline the Internet's potential to empower children.

A rights-based approach, based on children’s rights as enshrined in legal instruments such as the United Nations Convention on the Rights of the Child, aims at maximising the opportunities of the digital world for children and young people while protecting them from risks. Since this approach strikes a more careful balance between children’s digital rights and their need for protection, it is increasingly favoured by experts.

The protection aspects of children’s use of the Internet are also tackled from a security standpoint.

Events

Actors

(UNICEF)

UNICEF launched the End Violence Against

...

UNICEF launched the End Violence Against Children initiative with a strand focusing on online threats: #ENDviolence online. Under this initiative, it kicked off the #ReplyforAll campaign which advocates for safer Internet for everyone through organising awareness raising activities for children and adolescents and encouraging them to share their inputs on how to respond to online threats. UNICEF is also a partner of the International Telecommunication Union’s Child Online Protection initiative. Additionally, UNICEF produced facts and figures on the Perils and Possibilities: Growing up online. Some of its research focuses on Child Safety Online: Global Challenges and Strategies and ICTs, the Internet and Violence against Children.

(UNESCO)

UNESCO facilitates

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UNESCO facilitates global advocacy and discussions on freedom of expression and relevant issues including privacy at the WSIS and the Internet Governance Forum. It further explores freedom of expression online in-depth through its flagship publication of Internet Freedom. UNESCO also defines key indicators to help stakeholders assess the local situation. Media development indicators are an analytic tool designed to assess the state of the media and measure the impact of media development programmes. Internet Universality Indicators aims to build a framework of indicators through which to assess levels of achievement, in individual countries and internationally, on four fundamental principles:  human rights, openness, accessibility and multistakeholderism.

(Access)

Access Now is well known for its campaign agai

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Access Now is well known for its campaign against Internet shutdowns, #KeepItOn. The campaign raises awareness on instances of Internet shutdowns and actions being taken against this. Access also organises the annual RightsCon Summit that brings together digital rights activists from around the world. In 2017, RightsCon had a track dedicated to Internet shutdowns where participants learnt and shared about different aspects of the problem, including the role of telecommunication companies. The organisation also engages with UN mechanisms, such as the Human Rights Council.

(UNHRC)

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

...

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.

(OSCE)

The OSCE has a represe

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The OSCE has a representative on Freedom of the Media to promote Internet freedom through diplomatic channels and public statements. OSCE monitors media developments in its member states and advocates for media freedom on the Internet, media self-regulation, media laws, media pluralism, and safety of journalists, and denounces criminalisation of defamation and hate speech. To this aim, OSCE produces legal reviews and conducts research on media freedom. It also organises an annual conference on digital media freedom and journalism. In March 2017, the OSCE issued the Joint Declaration on Freedom of Expression and "Fake News", Disinformation and Propaganda alongside the UN Special Rapporteur on Freedom of opinion and expression.

(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.

Instruments

Conventions

Judgements

Case of Barbulescu v Romania - European Court of Human Rights (2016)
Google Spain SL and Google Inc. v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González Case - Court of Justice of the European Union (2014)

Resolutions & Declarations

IPU Resolution: 'Democracy in the Digital Era and the Threat to Privacy and Individual Freedoms' (2015)

Recommendations

Other Instruments

Resources

Multimedia

Child Safety: A User-Centred Approach to Internet Governance (2nd edition) (2010)

Publications

Internet Governance Acronym Glossary (2015)
An Introduction to Internet Governance (2014)

Reports

One Internet (2016)
Encryption: A Matter of Human Rights (2016)
2015 In Retrospect (Vol. 4) (2016)
Freedom on the Net 2015 (2015)

GIP event reports

The elephant in the room: The funding dimension of capacity development (2018)
World Press Freedom Day 2018: 'Keeping Power in Check: Media, Justice and the Rule of Law' (2018)
37th Session of the Human Rights Council - Opening Session (2018)
Artificial Intelligence, Justice and Human Rights (2017)
Key-note Speeches on the Future of the Internet (2017)

Other resources

PEN America online harassment Field Manual (2018)

Processes

Session reports

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WSIS Forum 2018

12th IGF 2017

WSIS Forum 2017

IGF 2016

WTO Public Forum 2016

WSIS Forum 2016

WSIS10HL

IGF 2015

 

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