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

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