A/HRC/44/50/Add.1 Civil and Political Rights Act, in many circumstances this legislation is applied against members of minority communities, while blatant acts of hate speech from majority communities often go completely unchecked. 80. Following the Easter bombing attacks, there was a sudden upsurge of online violence, and disinformation spread quickly, both online and offline. In order to deter ethno-religious violence, the Government instituted curfews in certain areas and blocked social media platforms on various occasions. The Special Rapporteur notes that partial Internet shutdowns are in contravention of international human rights law, as blanket bans do not permit a determination on the proportionality of each limitation on the rights to freedom of peaceful assembly, freedom of expression and freedom of association. The institution of contemporaneous curfews and partial or total Internet shutdowns during a period of crisis has severely negative effects on communities, as they are unable to gather or associate freely; access information; express their concerns, requirements or points of view; or contact family members and friends. At such times, platforms such as social media become important democratic tools. 81. While the Government has the obligation to combat the use of the Internet for purposes of ethno-religious violence, finding effective solutions requires a systematic perspective of the problem and collaborative actions with all stakeholders, including with civil society, the media and social media companies. In particular, he stresses that instead of shutting down the Internet or blocking access to social media platforms, Governments should work with online platforms and civil society organizations to develop laws, policies and processes that allow for a coordinated and prompt response against the dissemination of disinformation and violent content following a terrorist attack, in a manner consistent with international human rights law. Actions taken should be targeted, specific and proportionate.8 82. Female members of minority communities are often doubly stigmatized, both because of their religion or ethnicity and because of their gender. Many female members of civil society from minority communities expressed to the Special Rapporteur that they felt intimidated online, owing to the significant amounts of online violence that they experienced. Operating in toxic environments such as these significantly deters female civil society members and human rights defenders from carrying out their work, for fear of online harassment. There are also other frequent issues to contend with online, such as doxing (the publication of private information online with malicious intent). In addition, a number of women also stated that they had allegedly been added on social media by members of the intelligence community through the use of fake profiles. 83. As noted above, members of minority communities, especially those who raise dissenting voices, also face issues with regard to police inaction and the refusal by other civil servants to access services. Many interlocutors reported difficulties in obtaining justice for attacks they had suffered during protests and other events. In several cases, the Special Rapporteur heard that officers working on NGO registration had refused to provide application forms on the basis of the religion, ethnicity or sexual orientation of applicants. Interlocutors tended to see civil servants as an extension of the Government, stating that if their narrative differed from that of the Government they were likely to face discrimination in their work. C. Adverse effects of national security legislation 84. National security and emergency legislation presents a significant barrier to the rights to freedom of peaceful assembly and of association for a number of reasons. While national security is a permissible basis for restrictions on these rights, and while Sri Lanka has legitimate reasons to react to threats against its national security, the concern is that such legislation may be overbroad and used frivolously, without due consideration for the proportionality of its use. 8 14 A/HRC/41/41, paras. 3–4, 85 and 91.

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