A/HRC/38/35
concern that States may interfere with the right to freedom of expression “regardless of
frontiers”. The logic of these demands would allow censorship across borders, to the benefit
of the most restrictive censors. Those seeking removals should be required to make such
requests in every jurisdiction where relevant, through regular legal and judicial process.
19.
Government demands not based on national law. Companies distinguish between
requests for the removal of allegedly illegal content submitted through regular legal
channels and requests for removal based on the companies’ terms of service. 43 (Legal
removals generally apply only in the requesting jurisdiction; terms of service removals
generally apply globally.) State authorities increasingly seek content removals outside of
legal process or even through terms of service requests. 44 Several have established
specialized government units to refer content to companies for removal. The European
Union Internet Referral Unit, for instance, “flag[s] terrorist and violent extremist content
online and cooperat[es] with online service providers with the aim of removing this
content”. 45 Australia also has similar referral mechanisms. 46 In South-East Asia, parties
allied with Governments reportedly attempt to use terms of service requests to restrict
political criticism.47
20.
States also place pressure on companies to accelerate content removals through nonbinding efforts, most of which have limited transparency. A three-year ban on YouTube in
Pakistan compelled Google to establish a local version susceptible to government demands
for removals of “offensive” content.48 Facebook and Israel reportedly agreed to coordinate
efforts and staff to monitor and remove “incitement” online. The details of this agreement
were not disclosed, but the Israeli Minister of Justice claimed that between June and
September 2016, Facebook granted nearly all government requests for removal of
“incitement”. 49 Arrangements to coordinate content actions with State input exacerbate
concerns that companies perform public functions without the oversight of courts and other
accountability mechanisms.50
21.
The 2016 European Union Code of Conduct on countering illegal hate speech online
involves agreement between the European Union and four major companies to remove
content, committing them to collaborate with “trusted flaggers” and promote “independent
counter-narratives”.51 While the promotion of counter-narratives may be attractive in the
face of “extremist” or “terrorist” content, pressure for such approaches runs the risk of
transforming platforms into carriers of propaganda well beyond established areas of
legitimate concern.52
43
44
45
46
47
48
49
50
51
52
8
Commission nationale de l’informatique et des libertés (CNIL) (case C-507/17); Global Network
Initiative submission, p. 6.
Compare Twitter Transparency Report: Removal Requests (January−June 2017) with Twitter
Transparency Report: Government Terms of Service Reports (January−June 2017). See also
Facebook, Government requests: Frequently Asked Questions (FAQs).
Submissions by ARTICLE 19, p. 2 and Global Network Initiative, p. 5.
European Union, Internet Referral Unit, Year One Report, sect. 4.11; submissions by European
Digital Rights (EDRi), p. 1 and Access Now, pp. 2−3.
Australia submission.
Southeast Asian Press Alliance, p. 1.
Digital Rights Foundation submission.
7amleh − The Arab Center for the Advancement of Social Media submission.
Association for Progressive Communications, p. 14 and 7amleh.
“Trusted flaggers … refers to the status given to certain organisations which allows them to report
illegal content through a special reporting system or channel, which is not available to normal users.”
European Commission, Code of Conduct on countering illegal hate speech online: First results on
implementation (December 2016).
The same companies created the Global Internet Forum to Counter Terrorism, an effort to develop
industry-wide technological tools to remove terrorist content on their platforms. Google, “Update on
the Global Internet Forum to Counter Terrorism”, 4 December 2017.
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