Other human rights

Updates

Major European telecoms companies are providing lower levels of digital rights such as transparency and consumer protections to countries in Africa than in European markets, according to Slate's comment on a new study, Droits Numeriques en Afrique Subsaharienne: Analyses des Pratiques D'Orange au Senegal et Safaricom au Kenya (in French), by Internet Sans Frontières (Internet Without Borders). Daniel Finnan of RFI notes that the research report assesses respect for freedom of expression and privacy, 'concluding that users in Europe are treated differently to those in sub-Saharan Africa'. Finnan includes an interview Julie Owono, Executive Director of Internet without Borders, which details specific information from the study about how Safaricom and Orange operate differently in Europe than they do in Africa. The interview covers points about terms of service, Internet shutdowns, and privacy considerations, among others.

Crime Russia reports that YouTube and Instagram are facing possible blocking as '14 photos from Instagram of Rybka and video published on YouTube entered the register of prohibited information based on the decision of the court and Roskomnadzor'. Hannah Levintova reports in Mother Jones that Russia is trying to bury the video. Levintova says that the video, published by Russian opposition activist Alexei Navalny, links Russian Deputy Prime Minister Sergey Prikhodko of facilitating the alleged link between the Kremlin, Oleg Deripaska, and the Trump campaign. A court injunction was issued, requiring takedown of six video and 14 Instagram posts, finding that the posts violated Deripaska's right to privacy. According to the BBC, 'If neither Mr Navalny nor the US tech firms involved delete or otherwise block local access to the imagery by the end of the day, then Russia's ISPs will be required to take action themselves.' The BBC goes on to quote a spokeswoman for the Russian Association for Electronic Communications as saying 'It's impossible for internet providers to block certain pages on Instagram and YouTube.' This could result in blocking local access to the social networks.

Sean Fine, justice writer for the Globe and Mail reports that the Canadian Supreme Court will not require that the Canadian Broadcasting Corporation (CBC) unpublish (remove) an article from its website, even though a ban on the reported victim's identity was put in place. The two-year debate, which includes an order of contempt against the CBC, involves questions of freedom of expression and privacy, often referred to together as the right to be forgotten. Iwona Kuklicz, of the Alberta Justice Department, filed an appeal to this ruling noting that 'Every media organization, and every individual with an online platform, has been handed an incentive to rush to publish information before a ban can be issued.' 

In a 2016 article, also in the Globe and Mail, Silvia Stead, Globe and Public Mail Editor, wrote that 'We’re not in the unpublishing business,' noting that '[...] the public has an expectation that the archives can be viewed and are true to their original form. In many ways, they are part of history.' She concluded her piece saying 'Years ago, the paper was the permanent record, and online seemed ephemeral; in fact, the reverse is true.'

 

 

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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

Artificial Intelligence, Justice and Human Rights (2017)
Key-note Speeches on the Future of the Internet (2017)

Processes

Session reports

Click on the ( + ) sign to expand each day.

12th IGF 2017

WSIS Forum 2017

IGF 2016

WTO Public Forum 2016

WSIS Forum 2016

WSIS10HL

IGF 2015

 

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