A/HRC/4/27
page 24
The Internet, at both the global and national levels, should be overseen only by bodies
which are protected against government, political and commercial interference, just as freedom
from such interference is already universally acknowledged in the area of the print and broadcast
media. National regulation of Internet domain names should never be used as a means to control
content.
The right to freedom of expression imposes an obligation on all States to devote adequate
resources to promote universal access to the Internet, including via public access points. The
international community should make it a priority within assistance programmes to assist poorer
States in fulfilling this obligation.
Filtering systems which are not end-user controlled - whether imposed by a government
or commercial service provider - are a form of prior-censorship and cannot be justified. The
distribution of filtering system products designed for end-users should be allowed only where
these products provide clear information to end-users about how they work and their potential
pitfalls in terms of over-inclusive filtering.
No one should be liable for content on the Internet of which they are not the author,
unless they have either adopted that content as their own or refused to obey a court order to
remove that content. Jurisdiction in legal cases relating to Internet content should be restricted to
States in which the author is established or to which the content is specifically directed;
jurisdiction should not be established simply because the content has been downloaded in a
certain State.
Restrictions on Internet content, whether they apply to the dissemination or to the receipt
of information, should only be imposed in strict conformity with the guarantee of freedom of
expression, taking into account the special nature of the Internet.
Corporations which provide Internet searching, chat, publishing or other services should
make an effort to ensure that they respect the rights of their clients to use the Internet without
interference. While this may pose difficulties in relation to operations in certain countries, these
corporations are encouraged to work together, with the support of other stakeholders, to resist
official attempts to control or restrict use of the Internet, contrary to the principles set out herein.
On anti-terrorism measures
The right to freedom of expression is universally recognized as a cherished human right
and to respond to terrorism by restricting this right could facilitate certain terrorist objectives, in
particular the dismantling of human rights.
While it may be legitimate to ban incitement to terrorism or acts of terrorism, States
should not employ vague terms such as “glorifying” or “promoting” terrorism when restricting
expression. Incitement should be understood as a direct call to engage in terrorism, with the
intention that this should promote terrorism, and in a context in which the call is directly causally
responsible for increasing the actual likelihood of a terrorist act occurring.
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