A/HRC/24/38 official truth whose legal application can carry serious consequences for the profession of history and for intellectual liberty in general. In a democracy, liberty for history is liberty for all. XII. Declaration on Digital Freedom, Adopted by the PEN International Congress Gyeongju, South Korea, September 2012 (full text)12 PEN International promotes literature and freedom of expression and is governed by the PEN Charter and the principles it embodies unhampered transmission of thought within each nation and between all nations. PEN recognizes the promise of digital media as a means of fulfilling the fundamental right of free expression. At the same time, poets, playwrights, essayists, novelists, writers, bloggers, and journalists are suffering violations of their right to freedom of expression for using digital media. Citizens in many countries have faced severe restrictions in their access to and use of digital media, while governments have exploited digital technologies to suppress freedom of expression and to surveil individuals. The private sector and technology companies in particular have at times facilitated government censorship and surveillance. PEN therefore declares the following: 1. All persons have the right to express themselves freely through digital media without fear of reprisal or persecution. a. Individuals who use digital media enjoy full freedom of expression protections under international laws and standards b. Governments must not prosecute individuals or exact reprisals upon individuals who convey information, opinions, or ideas through digital media. c. Governments must actively protect freedom of expression on digital media by enacting and enforcing effective laws and standards. 2. All persons have the right to seek and receive information through digital media. a. Governments should not censor, restrict, or control the content of digital media, including content from domestic and international sources. b. In exceptional circumstances, any limitations on the content of digital media must adhere to international laws and standards that govern the limits of freedom of expression, such as incitement to violence. c. Governments should not block access to or restrict the use of digital media, even during periods of unrest or crisis. Controlling access to digital media, especially on a broad scale, inherently violates the right to freedom of expression. d. Governments should foster and promote full access to digital media for all persons. 3. All persons have the right to be free from government surveillance of digital media. a. Surveillance, whether or not known by the specific intended target, chills speech by establishing the potential for persecution and the fear of reprisals. When known, surveillance fosters a climate of self-censorship that further harms free expression. 12 http://www.pen-international.org/pen-declaration-on-digital-freedom/ 39