A/HRC/32/38 Corporate transparency obligations may also include a duty to disclose processes and reporting relating to terms of service enforcement and private requests for content regulation and user data. 13. Finally, the responsibility to respect involves attention to the availability of remedies — from moral remedies to compensation and guarantees of non-repetition — when the private actor has caused or contributed to adverse impacts.11 14. The Guiding Principles provide a useful starting point for identifying private information and communications responsibilities, but several other projects have also proposed principles for the sector. The Global Network Initiative’s Principles on Freedom of Expression and Privacy draw on the experience and expertise of the investor, civil society and academic communities. The European Commission published the ICT Sector Guide on Implementing the UN Guiding Principles on Business and Human Rights. Relevant civil society initiatives include the Manila Principles of Intermediary Liability, which establish baseline protection for intermediaries in accordance with freedom of expression standards; the African Declaration on Internet Rights and Freedoms, which promotes human rights standards and principles of openness in Internet policy formulation and implementation on the continent; and the Ranking Digital Rights Corporate Accountability Index, which evaluates a set of major private actors in the digital space on the basis of their adherence to freedom of expression and privacy norms. Civil society also acts to check and balance other actors engaged in Internet governance: the Code of Good Practice on Information, Participation and Transparency in Internet Governance, for example, seeks to ensure that relevant processes are meaningfully communicated to the public, accountable to all stakeholders, and emphasize democratic participation. III. Private sector roles and public/private regulation A. Impact of private enterprise on freedom of expression 15. The range of private sector roles in organizing, accessing, populating and regulating the Internet is vast and often includes overlapping categories.12 Enable connection to the Internet 1. 16. While Internet service providers specifically connect their subscribers to the Internet, telecommunication service providers offer a broader range of services, including access to radio, television, telephone and mobile communication. Major multinational corporations offer both categories of service, not only in their State of origin but also globally. Vodafone, for example, is a British provider that owns and operates networks in 27 countries and has partner networks in over 50 additional countries. TeliaSonera, based in Finland and Sweden, serves markets throughout Eurasia, and MTS Russia provides domestic service but also provides telecommunication services in Armenia, Turkmenistan and Uzbekistan. Companies like these often own and maintain significant aspects of the technical infrastructure that transmit Internet and telecommunications traffic, including fibre optic network cables, satellites or wireless links. Internet service providers in local and 11 12 6 Ibid., chap. II (B) (22). See, for example, “Strategy panel: ICANN’s role in the Internet governance ecosystem” (23 February 2014); R. Mackinnon and others, Fostering Freedom Online: The Role of Internet Intermediaries (Paris, UNESCO, 2014); and D. A. Hope, Protecting Human Rights in the Digital Age (February 2011).

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents