A/HRC/21/30
I. Introduction
1.
On 29 February 2012, pursuant to Human Rights Council decision 18/119, the
Council held a panel discussion on the right to freedom of expression on the Internet at its
nineteenth session. In its decision, the Council also requested the Office of the United
Nations High Commissioner for Human Rights (OHCHR) to liaise with relevant special
procedures, States and other stakeholders, including relevant United Nations bodies and
agencies, with a view to ensuring multi-stakeholder participation in the panel discussion,
and to prepare a report on the outcome of the panel discussion in the form of a summary.
2.
The panel discussion was aimed at (a) drawing the attention of the international
community to the current challenges to the enjoyment of the right to freedom of opinion
and expression on the Internet; (b) identifying positive and practical steps that Member
States could take to respect, protect and promote the right to freedom of expression on the
Internet; and (c) identifying positive and practical steps that Member States could take on
the key recommendations of the Special Rapporteur on the promotion and protection of the
right to freedom of opinion and expression.
3.
The panel discussion was chaired by the Vice-President of the Human Rights
Council, moderated by journalist Riz Khan and opened by the High Commissioner. The
panellists were the Minister for Foreign Affairs of Sweden, Carl Bildt; the Special
Rapporteur on the promotion and protection of the right to freedom of opinion and
expression, Frank La Rue; the Executive Director of the Association for Progressive
Communications, Anriette Esterhuysen; the Executive Director of the Centre of Research,
Studies and Learning (Brazil), Carlos Afonso; the Head of Free Expression, External
Relations, Communications and Public Affairs of Google (Belgium), William Echikson;
and the Commissioner of the National Human Rights Commission of Indonesia, Hesti
Armiwulan.
II. Statement by the United Nations High Commissioner for
Human Rights and contributions of panellists
4.
The High Commissioner, in her opening remarks, congratulated Sweden and the
other co-sponsors on having brought such an important discussion to the Human Rights
Council, and welcomed the innovative format of the discussion. She stated that the Internet
had become an indispensable tool for people to receive information beyond that prepared
and disseminated by traditional mass media. At the same time, the Internet allowed all users
to become providers of information by offering people a global and public online space for
exchanging information and ideas. In particular, she noted how human rights defenders had
quickly claimed the audiovisual and crowdsourcing capacities of the Internet to document
human rights violations and to share them in real time with a global audience. Indeed, as a
result of such unique characteristics, the Internet had transformed human rights movements,
as States could no longer exercise control by claiming a monopoly over information. She
expressed concern, however, that this has resulted in a backlash and intensified attempts to
unduly restrict access to online content or the Internet as such. She also expressed concern
that measures aimed at preventing criminal activity on the Internet may be used to crack
down on human rights defenders, suppress dissent and withhold “inconvenient”
information. She also cautioned that private companies could undermine the enjoyment of
the right to freedom of expression on the Internet, for example by illegally disclosing
personal information to States without any court order, undertaking censorship on behalf of
States or secretly collecting personal information and using it for commercial purposes
without the user’s knowledge or consent. She stressed the need for any laws or measures
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