A/HRC/41/41
of the rights holders affected. States should provide remediation through independent
judicial, administrative or legislative authorities or any other competent independent
authority provided by the legal system.
73.
States should create an enabling legal framework for the right to peaceful
assembly and association in the digital age, by:
(a)
Repealing, or refraining from introducing, laws that unduly restrict or
undermine the rights to freedom of peaceful assembly and of association, including
anti-protest laws;
(b)
Repealing and amending any laws and policies that allow network
disruptions and shutdowns, and refraining from adopting such laws and policies;
(c)
Revising and amending cybercrime, surveillance and antiterrorism laws
and bringing them into compliance with international human rights norms and
standards governing the right to privacy, the right to freedom of opinion and
expression, the right to freedom of peaceful assembly and the right to freedom of
association;
(d)
Promoting and protecting strong encryption and anonymity, including
by adopting laws, regulations and policies that confer only on courts the power to
remove the right to anonymity, rather than on law enforcement agencies.
74.
Refrain from, and cease, measures such as cutting off access to the Internet and
telecommunications services. Access to Internet and mobile telephony services should
be maintained at all times, including during times of civil unrest. Access to and use of
digital technologies during elections for assembly and association purposes should be
specially respected, protected and promoted.
75.
End all practices of blocking websites of civil society organizations and human
right defenders.
76.
Prohibit the use of surveillance techniques for the indiscriminate and
untargeted surveillance of those exercising the right to peaceful assembly and
association, both in physical spaces and online.
77.
Refrain from unduly conducting targeted surveillance using digital tools
against civil society actors, protest organizers, minorities and others seeking to
exercise their rights to freedom of peaceful assembly and of association. In order to be
permissible, targeted surveillance may occur only on the basis that such activities are
adopted openly; are time-limited; operate in accordance with established
international standards of legal prescription, legitimate aim, necessity and
proportionality; and are subjected to continued independent supervision that includes
robust mechanisms for prior authorization, operational oversight and review.
Individuals and groups should be notified if their rights are breached by surveillance,
and effective remedies should be guaranteed.
78.
Any application of new forms of technological surveillance should also adhere
to the above-mentioned principles and standards – including surveillance conducted
extraterritorially. States should set up independent inquiries to examine the use of any
surveillance technologies, so that the public can assess the manner and frequency of
their use, the justifications for and the necessity and proportionality of that use, and
whether such technologies are being used in an improper or overly broad way.
79.
End all acts of government-sponsored online trolling, intimidation and
disinformation targeted at civil society actors. States should investigate these acts,
provide effective remedies, and adopt and implement preventive measures. In this
context, States should identify and address gender-specific forms of online violence
and barriers preventing women from accessing justice.
80.
States should duly implement their duty to protect against abuses of the rights
to freedom of peaceful assembly and of association by business enterprises by taking
appropriate steps to prevent, investigate, punish and redress such abuse through
effective policies, legislation, regulations and adjudication. This includes adopting and
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