A/HRC/17/27
blocked, as witnessed in the context of recent protests across the Middle East and North
African region. In Egypt, users were disconnected entirely from Internet access.
31.
States’ use of blocking or filtering technologies is frequently in violation of their
obligation to guarantee the right to freedom of expression, as the criteria mentioned under
chapter III are not met. Firstly, the specific conditions that justify blocking are not
established in law, or are provided by law but in an overly broad and vague manner, which
risks content being blocked arbitrarily and excessively. Secondly, blocking is not justified
to pursue aims which are listed under article 19, paragraph 3, of the International Covenant
on Civil and Political Rights, and blocking lists are generally kept secret, which makes it
difficult to assess whether access to content is being restricted for a legitimate purpose.
Thirdly, even where justification is provided, blocking measures constitute an unnecessary
or disproportionate means to achieve the purported aim, as they are often not sufficiently
targeted and render a wide range of content inaccessible beyond that which has been
deemed illegal. Lastly, content is frequently blocked without the intervention of or
possibility for review by a judicial or independent body.
32.
The Special Rapporteur notes that child pornography is one clear exception where
blocking measures can be justified, provided that the national law is sufficiently precise and
there are effective safeguards against abuse or misuse, including oversight and review by an
independent and impartial tribunal or regulatory body. However, he is also concerned that
States frequently rely heavily on blocking measures, rather than focusing their efforts on
prosecuting those responsible for the production and dissemination of child pornography.
Additionally, as child pornography is often a by-product of trafficking and prostitution of
children, the Special Rapporteur urges States to take holistic measures to combat the root
problems that give rise to child pornography.
B.
Criminalization of legitimate expression
33.
The types of action taken by States to limit the dissemination of content online not
only include measures to prevent information from reaching the end-user, but also direct
targeting of those who seek, receive and impart politically sensitive information via the
Internet. Physically silencing criticism or dissent through arbitrary arrests and detention,
enforced disappearance, harassment and intimidation is an old phenomenon, and also
applies to Internet users. This issue has been explored in the Special Rapporteur’s report to
the General Assembly under the section on “protection of citizen journalists” (A/65/284).
Such actions are often aimed not only to silence legitimate expression, but also to
intimidate a population to push its members towards self-censorship.
34.
The Special Rapporteur remains concerned that legitimate online expression is being
criminalized in contravention of States’ international human rights obligations, whether it is
through the application of existing criminal laws to online expression, or through the
creation of new laws specifically designed to criminalize expression on the Internet. Such
laws are often justified on the basis of protecting an individual’s reputation, national
security or countering terrorism, but in practice are used to censor content that the
Government and other powerful entities do not like or agree with.
35.
One clear example of criminalizing legitimate expression is the imprisonment of
bloggers around the world. According to Reporters without Borders, in 2010, 109 bloggers
were in prison on charges related to the content of their online expression.16 Seventy-two
16
10
Available from: http://en.rsf.org/press-freedom-barometer-journalists-killed.html?annee=2010.
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