A/HRC/32/38
Governments are also increasingly flagging content on social media as inappropriate under
a platform’s terms of service, in order to prompt the company to remove the content or
deactivate an account.
Filtering
46.
States often block and filter content with the assistance of the private sector. Internet
service providers may block access to specific keywords, web pages or entire websites. On
platforms that host content, the type of filtering technique depends on the nature of the
platform and the content in question. Domain name registrars may refuse to register those
that match a government blacklist; social media companies may remove postings or
suspend accounts; search engines may take down search results that link to illegal content.
The method of restriction required by Governments or employed by companies can raise
both necessity and proportionality concerns, depending on the validity of the rationale cited
for the removal and the risk of removal of legal or protected expression.
47.
Ambiguities in State regulation coupled with onerous intermediary liability
obligations could result in excessive filtering. Even if content regulations werevalidly
enacted and enforced, users may still experience unnecessary access restrictions. For
example, content filtering in one jurisdiction may affect the digital expression of users in
other jurisdictions. While companies may configure filters to apply only to a particular
jurisdiction or region, there have been instances where they were nevertheless passed on to
other networks or areas of the platform. For instance, in 2013 State-mandated filtering
carried out by Airtel India led to restrictions on the same content on several networks in
Oman belonging to its partner, Omantel. 29
Network or service shutdowns
48.
Service shutdowns and associated restrictions are a particularly pernicious means of
enforcing content regulations. Such measures are frequently justified on the basis of
national security, the maintenance of public order or the prevention of public unrest. In
2015, the Special Rapporteur, together with representatives of the Organization for Security
and Cooperation in Europe, the Organization of American States and the African
Commission on Human and Peoples’ Rights condemned as unlawful Internet “kill
switches”.30 In one year alone, there were reports of shutdowns in Bangladesh, Brazil,
Burundi, the Democratic Republic of the Congo, India and Pakistan. 31 The Special
Rapporteur confirmed instances of telecommunication service provider and service
shutdowns in Tajikistan, during his official visit in March 2016.32
Non-neutral networks
49.
In addition to refraining from unnecessary and disproportionate restrictions on
digital access, States also have a duty to ensure a free and open Internet. Network neutrality
is the principle that all Internet data, content and services be treated equally and without
improper discrimination. However, Internet service providers may deploy technologies that
speed up or otherwise favour access to certain content and services, while slowing down
others (a practice also known as “throttling”). The growing number of collaborations
between Internet service providers and content-hosting platforms that offer free wireless
data to access online content or services provided by the latter (also known as the provision
of “zero rated” services) has attracted controversy. While such measures detract from the
29
30
31
32
Citizen Lab, “Routing gone wild: documenting upstream filtering in Oman via India” (2012).
Joint declaration on freedom of expression and responses to conflict situations (2015).
Submission of Institute for Human Rights and Business at 3.
Preliminary observations by the United Nations Special Rapporteur on the right to freedom of opinion
and expression, Mr. David Kaye at the end of his visit to Tajikistan (9 March 2016).
13
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