A/HRC/17/27
76.
In addition, while States are the primary duty-bearers of human rights, the
Special Rapporteur underscores that corporations also have a responsibility to respect
human rights, which means that they should act with due diligence to avoid infringing
the rights of individuals. The Special Rapporteur thus recommends intermediaries to:
only implement restrictions to these rights after judicial intervention; be transparent
to the user involved about measures taken, and, where applicable, to the wider public;
provide, if possible, forewarning to users before the implementation of restrictive
measures; and minimize the impact of restrictions strictly to the content involved.
Finally, there must be effective remedies for affected users, including the possibility of
appeal through the procedures provided by the intermediary and by a competent
judicial authority.
77.
The Special Rapporteur commends the work undertaken by organizations and
individuals to reveal the worldwide status of online impediments to the right to
freedom of expression. He encourages intermediaries in particular to disclose details
regarding content removal requests and accessibility of websites. Additionally, he
recommends corporations to establish clear and unambiguous terms of service in line
with international human rights norms and principles and to continuously review the
impact of their services and technologies on the right to freedom of expression of their
users, as well as on the potential pitfalls involved when they are misused. The Special
Rapporteur believes that such transparency will help promote greater accountability
and respect for human rights.
4.
Disconnecting users from Internet access, including on the basis of intellectual
property rights law
78.
While blocking and filtering measures deny users access to specific content on
the Internet, States have also taken measures to cut off access to the Internet entirely.
The Special Rapporteur considers cutting off users from Internet access, regardless of
the justification provided, including on the grounds of violating intellectual property
rights law, to be disproportionate and thus a violation of article 19, paragraph 3, of
the International Covenant on Civil and Political Rights.
79.
The Special Rapporteur calls upon all States to ensure that Internet access is
maintained at all times, including during times of political unrest. In particular, the
Special Rapporteur urges States to repeal or amend existing intellectual copyright
laws which permit users to be disconnected from Internet access, and to refrain from
adopting such laws.
5.
Cyber-attacks
80.
The Special Rapporteur is deeply concerned that websites of human rights
organizations, critical bloggers, and other individuals or organizations that
disseminate information that is embarrassing to the State or the powerful have
increasingly become targets of cyber-attacks.
81.
When a cyber-attack can be attributed to the State, it clearly constitutes, inter
alia, a violation of its obligation to respect the right to freedom of opinion and
expression. Although determining the origin of cyber-attacks and the identity of the
perpetrator is often technically difficult, it should be noted that States have an
obligation to protect individuals against interference by third parties that undermines
the enjoyment of the right to freedom of opinion and expression. This positive
obligation to protect entails that States must take appropriate and effective measures
to investigate actions taken by third parties, hold the persons responsible to account,
and adopt measures to prevent such recurrence in the future.
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