A/HRC/21/30
of technologies and software that could be used for surveillance, filtering or blocking the
Internet and that might unduly infringe the human rights of individuals. It was also noted
that the activities of private sector entities providing intermediary services should be in line
with international human rights standards, and that the complicity of service provider
companies in unlawful breaches of human rights should be considered a violation of
international law. Private sector representatives stressed the need for greater transparency in
the relevant regulatory framework, for instance with regard to the type and volume of
content that Internet service providers are required to remove from the Internet.
B.
International norms and standards applicable to the right to freedom of
opinion and expression on the Internet
17.
Many delegates raised the question of how best to regulate or address prohibited
types of expression under international human rights law, such as child pornography,
without such grounds being used to censor legitimate types of expression. Several delegates
pointed out that there should be no restriction on the flow of information on the Internet,
except for certain exceptional cases when international human rights law and standards are
violated, and that self-regulation should be promoted. Several delegates suggested
enhancing the implementation of existing principles of international human rights law in an
online context, such as the relevant provisions of the Universal Declaration of Human
Rights and the International Covenant on Civil and Political Rights.
18.
Many delegates concurred with the Special Rapporteur that there was no need to
create new rules and laws for the right to freedom of opinion and expression on the Internet,
as the same existing international human rights laws and standards should be applied as
much to the online world as to the offline world.
19.
A question was raised by some delegates with regard to how existing international
human rights standards could be improved to better ensure protection of human rights on
the Internet.
C.
Proposals to enhance the enjoyment and protection of the right to
freedom of opinion and expression on the Internet, and
recommendations for the Human Rights Council
20.
Several delegates suggested that, in order to enhance the enjoyment of the right to
freedom of opinion and expression on the Internet, arbitrary censorship and restrictions
should be avoided.
21.
The Special Rapporteur on the promotion and protection of the right to freedom of
opinion and expression, as well as some delegations, recommended that a greater effort
should be made to ensure Internet access for all, for example through international
cooperation on technology transfer and Internet infrastructure development.
22.
Several delegates recommended finding better ways to provide equal access to the
Internet, including for disadvantaged groups.
23.
The Special Rapporteur recommended the adoption of a resolution or declaration
calling on States to refrain from unnecessary restrictions on the right to freedom of
expression on the Internet and to allow for its broader use.
24.
The panellists and a number of delegations encouraged continued discussion by the
Human Rights Council on the issue of the right to freedom of expression on the Internet
with a view to reaching a broad consensus on the issue.
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