A/HRC/38/35
morals” should not derive “exclusively from a single tradition”, seeking to ensure
that the restriction reflects principles of non-discrimination and the universality of
rights.16
8.
Restrictions pursuant to article 20 (2) of the Covenant — which requires States to
prohibit “advocacy of national, racial or religious hatred that constitutes incitement to
discrimination, hostility or violence” — must still satisfy the cumulative conditions of
legality, necessity and legitimacy.17
B.
Company responsibilities
9.
Internet companies have become central platforms for discussion and debate,
information access, commerce and human development. 18 They collect and retain the
personal data of billions of individuals, including information about their habits,
whereabouts and activities, and often claim civic roles. In 2004, Google promoted its
ambition to do “good things for the world even if we forgo some short term gains”. 19
Facebook’s founder has proclaimed a desire to “develop the social infrastructure to give
people the power to build a global community that works for all of us”. 20 Twitter has
promised policies that “improve — and do not detract from — a free and global
conversation”.21 VKontakte, a Russian social media company, “unites people all over the
world”, while Tencent reflects the language of the Government of China when noting its
aims to “help build a harmonious society and to become a good corporate citizen”.22
10.
Few companies apply human rights principles in their operations, and most that do
see them as limited to how they respond to government threats and demands. 23 However,
the Guiding Principles on Business and Human Rights establish “global standard[s] of
expected conduct” that should apply throughout company operations and wherever they
operate.24 While the Guiding Principles are non-binding, the companies’ overwhelming role
in public life globally argues strongly for their adoption and implementation.
11.
The Guiding Principles establish a framework according to which companies should,
at a minimum:
(a)
Avoid causing or contributing to adverse human rights impacts and seek to
prevent or mitigate such impacts directly linked to their operations, products or services by
their business relationships, even if they have not contributed to those impacts (principle
13);
(b)
Make high-level policy commitments to respect the human rights of their
users (principle 16);
(c)
Conduct due diligence that identifies, addresses and accounts for actual and
potential human rights impacts of their activities, including through regular risk and impact
assessments, meaningful consultation with potentially affected groups and other
stakeholders, and appropriate follow-up action that mitigates or prevents these impacts
(principles 17−19);
(d)
Engage in prevention and mitigation strategies that respect principles of
internationally recognized human rights to the greatest extent possible when faced with
conflicting local law requirements (principle 23);
16
17
18
19
20
21
22
23
24
Ibid., para. 32.
Ibid., para. 50. See also A/67/357.
See, for example, Supreme Court of the United States, Packingham v. North Carolina, opinion of 19
June 2017; European Court of Human Rights, Times Newspapers Ltd. (Nos. 1 and 2) v. The United
Kingdom (application Nos. 3002/03 and 23676/03), judgment of 10 March 2009, para. 27.
Securities Registration Statement (S-1) under the Securities Act of 1933, 18 August 2004.
Mark Zuckerberg, “Building global community”, Facebook, 16 February 2017.
Twitter, S-1 Registration Statement, 13 October 2013, pp. 91–92.
VKontakte, company information; Tencent, “About Tencent”.
Danish Institute for Human Rights submission. Cf. Yahoo/Oath submission, 2016.
Guiding Principles, principle 11.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents