A/HRC/32/38 I. Introduction 1. The private sector’s role in the digital age appears pervasive and ever-growing, a driving force behind the greatest expansion of access to information in history. Vast social media forums for public expression are owned by private companies. Major platforms aggregating and indexing global knowledge, and designing the algorithms that influence what information is seen online, result from private endeavour. The infrastructure for mobile technology, by which billions communicate and reach the Internet, depends upon private investment, maintenance and ownership. The tools for law enforcement and intelligence are often drawn from products of the private surveillance and data-processing industries. Private companies design, manufacture and often maintain the devices or services on which the most important personal data are stored — from financial and healthcare information to e-mails, text messages, search histories, photographs and videos. 2. The contemporary exercise of freedom of opinion and expression owes much of its strength to private industry, which wields enormous power over digital space, acting as a gateway for information and an intermediary for expression. In digital environments, important questions about applicable law and the scope of private authority and public regulation cannot be avoided. Should these private actors have the same responsibilities as public authorities? Should their responsibilities derive from human rights law, terms of service, contractual arrangements, or something else? How should relationships among corporate actors and States be structured? When faced with pressures to conduct their businesses in ways that interfere with freedom of expression, what steps should private actors take? Refuse to enter markets or withdraw from them? Advise their customers about such pressures? As the world moves ever more deeply into digital space, with the “Internet of things” on the near horizon, guidance is critical to ensure rights are promoted, protected and enjoyed. 3. The present report has several aims.1 First, it seeks to identify the categories of private actors that deeply influence the freedom of expression in a digital age. Secondly, it identifies questions concerning both the private sector’s protection of freedom of opinion and expression and public authorities’ responsibility to ensure the protection of space for expression. Thirdly, it lays out several areas in which normative guidance appears to be most needed. These areas will be addressed and consolidated through thematic reporting, country and company visits, and communications and consultations with Governments, the business sector and civil society. In short, the present report is the first of several the Special Rapporteur will present in order to provide guidance on how private actors should protect and promote freedom of expression in a digital age. 4. Public process of input and consultation contributed to the development of the present report. On 3 December 2015, the Special Rapporteur issued a call for input to the report. As of the date of publication, the Special Rapporteur received 15 submissions from States2 and 15 submissions from organizations3, all of which are to be found on the Special 1 2 3 The Special Rapporteur would like to thank his legal adviser, Amos Toh, and his students at the University of California, Irvine School of Law, for their assistance with the preparation of this report. Armenia, El Salvador, Estonia, Greece, Jordan, Kuwait, Mauritius, Mexico, Netherlands, Peru, Republic of Moldova, Romania, Slovakia, Turkey and United States of America. Article 19; Association for Progressive Communications; Center for Democracy and Technology; Center for Technology and Society; Centre for Communication Governance at National Law University, New Delhi; Danish Institute for Human Rights; Derechos Digitales; European Digital Rights; Freedom Online Coalition Working Group on Privacy and Transparency Online; Global Network Initiative; Institute for Human Rights and Business; International Centre for Not-for-Profit 3