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
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