A/HRC/44/24 50. Any restriction on peaceful assembly must have a basis in law, be necessary to achieve one of the permissible aims and be proportionate. Furthermore, restrictions must not involve discrimination on any ground. In addition, more effort is needed from States to ensure accountability for human rights violations and abuses in the context of assemblies, and all victims should have access to a remedy. 51. New technologies can be enablers for the exercise of the right of peaceful assembly and related rights by facilitating mobilization for and the organization of protests. Such technologies may enable the holding of assemblies online and may facilitate and enhance the involvement and participation of those often marginalized. ICT can also support the proper management of assemblies and increase transparency and accountability. 52. At the same time, new technologies bring considerable risks to those wishing to engage in peaceful assemblies, including the potential use of such technologies to surveil or crack down on protesters, leading to human rights violations. These new technologies are being developed at a rapid pace and the recourse to them by States is becoming more common. They are often deployed without the application by States or companies of human rights due diligence and in the absence of a regulatory framework that is in line with human rights norms and standards. As a result, surveillance spreads, online civic space is reduced and a chilling effect on the right of peaceful assembly ensues. 53. In this context, the High Commissioner recommends that States: Internet-based technologies as enablers (a) Close the digital divide and secure affordable Internet access for the greatest number of people in order to increase the use of Internet-based technologies as enablers and facilitators for the exercise of human rights in the context of assemblies; Network shutdowns (b) Avoid resorting to disruptions and shutdowns of Internet or telecommunications networks at all times and particularly during assemblies, including those taking place in electoral contexts and during times of unrest; (c) Repeal or amend, as appropriate, laws and policies that permit such network disruptions and shutdowns, and refrain from adopting any such laws and policies in the future; Surveillance (d) Ensure that any interference with the right to privacy, including by communications surveillance and intelligence-sharing, complies with international human rights law, including the principles of legality, necessity and proportionality; (e) Promote and protect strong encryption and anonymity options online, and ensure that laws provide for judicial supervision for any lifting of anonymity; (f) Prohibit the use of surveillance techniques for the indiscriminate and untargeted surveillance of those exercising the right of peaceful assembly and association, both in physical spaces and online, and ensure that targeted surveillance measures are authorized only when there is reasonable suspicion that a particular individual has committed or is committing a criminal offence, or is engaged in acts amounting to a specific threat to national security; (g) Ensure that an assessment of the risk of human rights violations and abuses facilitated by surveillance technology is a key factor in decisions on export licences; Facial recognition technology (h) Never use facial recognition technology to identify those peacefully participating in an assembly; 14