A/HRC/17/27
platforms are particularly valuable in countries where there is no independent media, as
they enable individuals to share critical views and to find objective information.
Furthermore, producers of traditional media can also use the Internet to greatly expand their
audiences at nominal cost. More generally, by enabling individuals to exchange information
and ideas instantaneously and inexpensively across national borders, the Internet allows
access to information and knowledge that was previously unattainable. This, in turn,
contributes to the discovery of the truth and progress of society as a whole.
20.
Indeed, the Internet has become a key means by which individuals can exercise their
right to freedom of opinion and expression, as guaranteed by article 19 of the Universal
Declaration of Human Rights and the International Covenant on Civil and Political Rights.
The latter provides that:
(a)
Everyone shall have the right to hold opinions without interference;
(b)
Everyone shall have the right to freedom of expression; this right shall
include freedom to seek, receive and impart information and ideas of all kinds, regardless
of frontiers, either orally, in writing or in print, in the form of art, or through any other
media of his choice;
(c)
The exercise of the rights provided for in paragraph 2 of this article carries
with it special duties and responsibilities. It may therefore be subject to certain restrictions,
but these shall only be such as are provided by law and are necessary:
(d)
for respect of the rights or reputations of others;
(e)
for the protection of national security or of public order (ordre public), or of
public health or morals.
21.
By explicitly providing that everyone has the right to express him or herself through
any media, the Special Rapporteur underscores that article 19 of the Universal Declaration
of Human Rights and the Covenant was drafted with foresight to include and to
accommodate future technological developments through which individuals can exercise
their right to freedom of expression. Hence, the framework of international human rights
law remains relevant today and equally applicable to new communication technologies such
as the Internet.
22.
The right to freedom of opinion and expression is as much a fundamental right on its
own accord as it is an ��enabler” of other rights, including economic, social and cultural
rights, such as the right to education and the right to take part in cultural life and to enjoy
the benefits of scientific progress and its applications, as well as civil and political rights,
such as the rights to freedom of association and assembly. Thus, by acting as a catalyst for
individuals to exercise their right to freedom of opinion and expression, the Internet also
facilitates the realization of a range of other human rights.
23.
The vast potential and benefits of the Internet are rooted in its unique characteristics,
such as its speed, worldwide reach and relative anonymity. At the same time, these
distinctive features of the Internet that enable individuals to disseminate information in
“real time” and to mobilize people has also created fear amongst Governments and the
powerful. This has led to increased restrictions on the Internet through the use of
increasingly sophisticated technologies to block content, monitor and identify activists and
critics, criminalization of legitimate expression, and adoption of restrictive legislation to
justify such measures. In this regard, the Special Rapporteur also emphasizes that the
existing international human rights standards, in particular article 19, paragraph 3, of the
International Covenant on Civil and Political Rights, remain pertinent in determining the
types of restrictions that are in breach of States’ obligations to guarantee the right to
freedom of expression.
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