A/HRC/32/37
validating learning outcomes. Policies regulating the development and use of these
resources should be designed to add value to existing education policies and to contribute to
meeting education goals, rather than to function as isolated, additional policy documents.55
102. An area that poses stupendous challenges is that of controlling online or
correspondence providers, many of which operate from locations with no controls at all and
offer their own awards, free from regulation. Public authorities must find ways of
preventing underqualified or fraudulent providers from acting as universities and from
issuing worthless qualifications, including in situations where providers are based overseas
and operate through the Internet.
103. A regulatory framework is necessary since an unregulated free market in higher
education may lead to investments in the sector by low-quality providers. Governments
must regulate fraudulent practices and ensure that fake degrees are not awarded. A
regulatory framework is thus of critical importance in setting out responsibilities and
accountability requirements. 56 Regulations must reflect a broad humanistic notion of
education and ensure that the digitization of education is subservient to public interest.
104. The Special Rapporteur makes recommendations regarding prescriptive, prohibitive
and punitive regulations on the use of digital technology in education with a view to
ensuring that the right to education is adequately protected.
A.
Prescriptive regulations
105. Prescriptive regulations are necessary to ensure that digital technologies supplement
rather than supplant campus-based face-to-face teaching and learning. The use of
information and communications technologies should not be detrimental to the social
function of universities or undermine their core mission as the moral seat of learning.
B.
Prohibitive regulations
106. Prohibitive regulations are necessary to ensure that fraudulent practices, for example
in the online delivery of education, and any attempt to commercialize education are not
allowed. Governments should prohibit all commercial advertising and propaganda on the
virtues of information and communications technologies that are detrimental to basic
human values and ban any portal or website facilitating pornography, violence, cybercrime,
terrorism and any other crime.
C.
Punitive regulations
107. Punitive regulations are required to address fraudulent practices, including the
awarding of fake degrees and diplomas. It is important that corrupt and fraudulent practices
be investigated and that operators who act illegally be prosecuted.
55
56
Ibid., p. 33.
See http://campaignforeducation.org/en/news/global/view/623-representatives-from-91-countriescome-together-for-the-fifth-gce-world-assembly.
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents