A/HRC/33/29
surveillance, they may actually facilitate it.” 69 The same is true in relation to controlling
content online. While the Internet has unleashed huge potential for the free flow of
information, there is also an expanded possibility of overreach by States in which the
Internet is extensively controlled.
52.
A key component of many policies and measures aimed at preventing and
countering violent extremism is focused on effectively responding to violent extremism
online. The level of intrusiveness of measures and their impact on human rights depends on
the definition of notions such as “extremism”, “violent extremism” and “radicalization” and
the perceived role played by extremist ideas, including exposure to such ideas, in processes
leading individuals to turn to violent extremism or terrorism.
53.
Restrictions on access to information and communications technology range from
complete network shutdowns or disruptions, to blocking access to certain platforms, to
imposing restrictions on individuals connecting to, or using, certain technologies. The
blocking or removal of specific content has been used as a measure to counter violent
extremism. States invoke various reasons for the necessity of employing such measures,
including the need to prevent radicalization, violent extremism and the recruitment of
foreign fighters; countering incitement to acts of terrorism; and stopping the dissemination
of terrorist material.
54.
The above-mentioned measures, however, are at odds with the individualized
assessment required under human rights law. States have to provide evidence-based
justification of the necessity and proportionality of such interference with freedom of
expression. They must demonstrate how the perceived benefits of these measures outweigh
the importance of the Internet as a tool to maximize the number and diversity of voices in
the discussion of numerous issues. Any lack of transparency with regard to blocking or
content removal measures renders it difficult to assess whether such restrictions were really
necessary for the purported aim. Consequently, there is a need for much greater
transparency by States to clarify what content they are filtering, blocking or removing and
on what basis.
55.
States may also use information and communications technology companies to
control and regulate access to content in the digital space. When doing so, States resort to
formal legal processes, including court orders and intermediary liability systems, that force
companies to actively monitor content, or to more diffuse forms of pressure to cooperate.
Host providers and social media platforms face increasing pressure to actively monitor and
police content generated or disseminated by users, a trend exacerbated by the use of
information and communications technology by violent extremists and terrorist groups.
56.
Another frequently employed means in the fight against violent extremism is the
monitoring of online content: surveillance, interception, collection and retention of data.
Some States have claimed that mass surveillance is “necessary” to detect terrorist plots and
identify terrorists, violent extremists, their recruiters and other supporters.70 The gathering,
storage and use of data can have an impact on a number of human rights, including the
rights to privacy, freedom of peaceful assembly and association, and freedom of
movement.71 The Special Rapporteur on the promotion and protection of the right to
freedom of opinion and expression highlighted that online surveillance may also undermine
the right to form an opinion, as the fear of unwilling disclosure of online activity, such as
69
70
71
16
See A/HRC/27/37, para. 2.
A/69/397.
See A/HRC/13/37, paras. 33-38.
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