A/HRC/35/22
6.
Effective remedies
73.
While certain aspects of corporate responsibility have advanced in recent years,
remedial steps often seem omitted from the private sector’s agenda. Yet remedies are a key
pillar of corporate responsibility and should be provided whenever businesses “have caused
or contributed to adverse impacts” (see A/HRC/17/31, annex, principle 22). States bear the
primary duty to remediate business-related human rights abuses, particularly those they
instigate, such as overbroad content restriction, unlawful user data requests and
disproportionate surveillance. Yet companies that fail to implement appropriate due
diligence measures and other safeguards may also cause or contribute to such abuses. In
those situations, companies should “provide for or cooperate in their remediation through
legitimate processes” (Ibid.).
74.
Remedies may include both financial and non-financial means (Ibid., principle 27).
When freedom of expression is impaired, appropriate remedies may include access to
grievance mechanisms and information about the violation and guarantees of nonrepetition.116 Users whose accounts have been wrongly suspended may want the satisfaction
of being heard and provided with explanations and assurances of non-repetition.117
75.
Pre-existing policies and mechanisms could also be reformed or strengthened to
address violations of freedom of expression. For example, a provider could make
improvements to its content restriction policy and the training of its content moderation
teams to reduce the likelihood of unfair website takedowns or overbroad content
restrictions such as filtering. Customer complaint mechanisms could also be updated to
allow users to flag network traffic management practices, commercial filtering
classifications and other content restrictions they deem to be unduly restrictive or unfair.
V. Conclusions and recommendations
76.
Individuals depend on digital access to exercise fundamental rights, including
freedom of opinion and expression, the right to life and a range of economic, social
and cultural rights. They also regularly face obstacles to access: from shutdowns to
surveillance. The present report is largely concerned with the obstacles that deny,
deter or exclude expression through blunt reliance on digital censorship. The present
report has not addressed other serious obstacles — such as the lack of adequate
connectivity infrastructure, high costs of access imposed by government, gender
inequality, and language barriers — that also may constitute forms of censorship. 118
Much of it therefore focuses on the roles and obligations of States. But States
increasingly exercise censorship through the private sector. The report has aimed not
only to address the constraints on State action under human rights law but also the
principles that private actors should observe in respecting human rights. Key
recommendations, already highlighted in the analysis above, are set out below.
States and the Human Rights Council
77.
The Human Rights Council, in its resolution 32/13, condemned unequivocally
measures to intentionally prevent or disrupt access to or dissemination of information
online in violation of international human rights law, and called upon all States to
refrain from and cease such measures. This condemnation, which is critical to the
Council’s promotion of human rights online, should be supplemented and specified.
Intentional prevention or disruption of access includes any action that shuts down or
116
117
118
20
Telecommunications Industry Dialogue submission, p. 17.
Peter Micek and Jeff Landale, “Forgotten pillar: the Telco remedy plan”, Access Now (May 2013), p.
6.
Global Commission on Internet Governance submission; Arco Iris Libre de Cuba, Centro de
Información Hablemos Press, Centro de Información Legal CubaLex, Mesa de Diálogo de la
Juventud Cubana Plataforma Femenina Nuevo País, “Situación del derecho a la libertad de opinion y
expression en Cuba” (Situation of the right to freedom of opinion and expression in Cuba) (July
2016), p. 20.
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