A/HRC/23/39 5. New communication technologies 72. The Special Rapporteur stresses again the utmost importance of new communication technologies, including the Internet and mobile phones, in organizing peaceful assemblies. Such technologies allow organizers to mobilize a large group of people in a prompt and effective manner, and at little cost. This importance was highlighted by both panelists and delegations during the Human Rights Council panel discussion on the promotion and protection of human rights in the context of peaceful protests. 38 It should be noted that individuals who post on social media organizers’ calls for assemblies should not be considered as organizers, as has regrettably been the case in Malaysia, for instance. 73. The Special Rapporteur is of the opinion that organizers and participants of peaceful assemblies should be allowed access to the Internet and other new technologies at all times, as made clear by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, who also stated that “any determination on what [website] content should be blocked must be undertaken by a competent judicial authority or a body which is independent of any political, commercial, or other unwarranted influences”.39 In this connection, the OSCE/ODIHR Panel of Experts recommended that “States should ensure that efforts to disseminate information to publicize forthcoming assemblies are not impeded in any way”. 40 Finally, the Human Rights Council, in its resolution 20/8, recognized the global and open nature of the Internet as a driving force in accelerating progress towards development in its various forms (para. 2) and “called upon all States to promote and facilitate access to the Internet and international cooperation aimed at the development of media and information and communications facilities in all countries” (para. 3). 74. Likewise, new communications technologies, in particular the Internet, should be seen by the authorities as an excellent opportunity to interact with a large and diversified audience prior to and during peaceful assemblies, with a view to sensitizing them on their role and functions, and ultimately building or reinforcing trust among the population. 75. The Special Rapporteur is concerned that access to new communications technologies, in particular the Internet, or to specific websites, has allegedly been temporarily blocked prior to, during or after peaceful assemblies (e.g., in Algeria, China and Egypt). 76. The Special Rapporteur also warns against possible abusive use of laws governing the prevention and fight against offences linked to information and communications technologies, which “should be applied only as an exception to the general norm of permitting the open and free use of the Internet, like all other forms of communication; only very few qualified and clearly legislated exceptions should be permitted”. 41 6. Responsibility of organizers 77. Whenever organizers have deliberately not respected a legitimate restriction imposed on the right to freedom of peaceful assembly, sanctions should be proportionate to the offence with a view to not dissuading the holding of future assemblies. In many countries where a regime of authorization is in place, exorbitant fines are often in place in case organizers do not request authorization to demonstrate or do not respect the content of the authorization. Such fines are in many cases disproportionate, and have a chilling effect 38 39 40 41 A/HRC/19/40, paras. 8, 16 and 52. A/HRC/17/27, paras. 70 and 79. OSCE/ODIHR and the Venice Commission, Guidelines on Freedom of Peaceful Assembly, p. 35. A/HRC/20/17/Add.1, para. 105. 19