A/HRC/41/41
enforcing laws and policies that focus on creating mandatory requirements for digital
technology companies to exercise due diligence to identify, prevent, mitigate and
account for how they address any human rights impacts of their business services and
products, as well as for robust transparency and remediation mechanisms. These laws
should be adopted only after a fully inclusive and participatory consultation process
with all stakeholders.
81.
States should renew their commitments to a multi-stakeholder approach as a
cornerstone of Internet governance processes. Effective cooperation on issues relating
to the digital sphere depends on the ability of individuals and groups to exercise their
rights to freedom of peaceful assembly and of association.
B.
Recommendations to digital technology companies
82.
Companies should meet their responsibility to respect internationally accepted
human rights, including the rights to freedom of peaceful assembly and of association,
by taking all necessary and lawful measures to ensure that they do not cause,
contribute to or become complicit in human rights abuses.
83.
Companies should adopt a high-level policy commitment to respect freedom of
peaceful assembly and association, and recognize the importance of the role of civil
society in democracy and sustainable development.
84.
Companies should seek to prevent or mitigate the adverse human rights
impacts of their involvement, to the maximum extent allowed by law, whenever they
are requested by States to censor, surveil or monitor individuals or groups or to make
available data that they collect, process or retain.
85.
Companies should recognize international human rights law as the
authoritative framework for ensuring that peaceful assembly and association rights
are respected in their products and services and should evaluate their policies
accordingly. Companies should ensure that their policies and community guidelines
are sufficiently clear, accessible and in keeping with international human rights
standards. They should also provide more detailed examples or case studies of the way
in which their community standards are applied in practice, so that users can
understand the circumstances under which personal data or information may be
accessed, content may be restricted, or access to the service may be blocked or
restricted.
86.
Companies should exercise human rights due diligence to identify, prevent,
mitigate and address violations of the rights to peaceful assembly and association,
including by:
(a)
Undertaking human rights impact assessments which incorporate the
rights to freedom of peaceful assembly and of association when developing or
modifying their products and services. The process of assessing impacts should always
include consultation with civil society actors and other experts and be validated by an
accredited external third party with human rights expertise.
(b)
Integrating the findings of impact assessments, by taking steps to:
increase knowledge and awareness of the rights to peaceful assembly and association,
by providing training and issuing guidelines to management, employees and other
business-linked actors, such as contractors; adopt policies and procedures which set
out how the company will assess and respond to government demands for restrictions
to communications or access to content; integrate early warning systems within
business processes to identify human rights risks, and respond in a timely fashion; use
their leverage to challenge government requests that unduly restrict the rights to
freedom of peaceful assembly and of association; support the research and
development of appropriate technological solutions to online harassment,
disinformation and propaganda, including tools to detect and identify State-linked
accounts and bots; adopt monitoring indicators that include specific concerns related
to freedom of peaceful assembly and association.
19
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