A/HRC/35/9 Rights to freedom of opinion and expression and freedom of peaceful assembly and of association 20. The Internet is a key means by which individuals can exercise the right to freedom of opinion and expression.37 This right includes the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers and through any media. 38 In particular, the Internet has become crucial for the provision of, and access to, information and in the formation of political communities and associated questions of participation. 39 For example, the Special Rapporteur in the field of cultural rights stated that ICTs, including the Internet, were especially important for accessing information, establishing and developing contacts with persons with similar views beyond primary communities, expressing oneself and contributing one’s own knowledge and ideas.40 21. Further, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has noted that States have a positive obligation to promote or to facilitate the enjoyment of the right to freedom of expression and the means necessary to exercise this right, including the Internet. States should adopt effective and concrete policies and strategies — developed in consultation with individuals from all segments of society, including the private sector as well as relevant government ministries — to make the Internet widely available, accessible and affordable to all.41 22. Several aspects of the exercise of the right to freedom of opinion and expression online are of particular importance for the realization of women’s human rights. The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has noted that when women are denied the full exercise of this right, they are also limited in the exercise of other fundamental rights, such as the rights to development, education, health, political participation and a life free from violence. 42 The Internet may be a significant and, at times, even the only way for women to access information and express their views on issues that concern them and their life choices, which they may otherwise not be able to, owing to, among other things, harmful gender stereotypes, social norms and taboos. This may include information on gender equality and women’s rights and on sexual and reproductive health and rights. 23. Women activists, including women human rights defenders, increasingly rely on ICTs to advocate, communicate, mobilize, protect, access information and gain visibility. Yet, at the same time, ICTs may broaden the kinds of surveillance, censorship and harassment to which they may be subjected.43 The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has noted a disproportionate impact of online surveillance on the freedom of expression of a range of groups, such as lesbian, gay, bisexual and transgender individuals, civil society, human rights defenders, journalists and victims of violence and abuse; women within those groups face genderspecific risks and threats. 44 The Special Rapporteur on the situation of human rights defenders observed that women human rights defenders had been subjected to new online forms of violence, such as threats, including death threats, and that such threats could be delivered via telephones, text messages or e-mails. 45 The Special Rapporteur also drew attention to cases in which human rights defenders had been charged with defamation and, in some cases, blasphemy, because they had published online articles, blog entries or tweets. 46 Further, the Special Rapporteur has emphasized the need for gender-sensitive protection measures and stated that the physical safety of human rights defenders should be 37 38 39 40 41 42 43 44 45 46 See A/HRC/17/27, para. 20. International Covenant on Civil and Political Rights, art. 19 (2). See also Human Rights Committee general comment No. 34 (2011) on the freedoms of opinion and expression, para. 18. See A/HRC/17/27, paras. 2 and 19; A/HRC/23/50, para. 15. See A/67/287, para. 32. See A/HRC/17/27, para. 66. See A/HRC/14/23, para. 112; see also A/HRC/17/27, para. 62. Front Line Defenders, “Living under digital surveillance: human rights defender perceptions and experiences” (2016). See A/HRC/32/38, para. 57. See A/HRC/16/44 and Corr.1, para. 56. See A/67/292, para. 56. 7

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