“[D]ue to the unique characteristics of the Internet, regulations or restrictions which may be deemed legitimate and proportionate for traditional media are often not so with regard to the Internet.”
This statement of Internet exceptionalism comes not from the fringes of online debate, but from the UN Human Rights Council’s Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. The Rapporteur, Frank La Rue, recently presented a report emphasizing the importance of rule of law and respect for free expression.
State-sponsored content blocking or filtering is “frequently in violation of their obligation to guarantee the right to freedom of expression.” Blocking is often overbroad and vague, secret (non-transparent), and often lacks independent review.
Intermediary liability, even with notice-and-takedown safe-harbor, “is subject to abuse by both State and private actors.” Private intermediaries, like states, will tend to over-censor and lack transparency. They’re not best placed to make legality determinations. “The Special Rapporteur believes that censorship measures should never be delegated to a private entity, and that no one should be held liable for content on the Internet of which they are not the author.”
Disconnecting users cuts off their Internet-based freedom of expression. The report calls out HADOPI, the UK Digital Economy Bill, and ACTA for concern, urging states “to repeal or amend existing intellectual copyright laws which permit users to be disconnected from Internet access, and to refrain from adopting such laws.”
Anonymity. “The right to privacy is essential for individuals to express themselves freely. Indeed, throughout history, people’s willingness to engage in debate on controversial subjects in the public sphere has always been linked to possibilities for doing so anonymously.” Monitoring, Real-ID requirements, and personal data collection all threaten free expression, “undermin[ing] people’s confidence and security on the Internet, thus impeding the free flow of information and ideas online.”
“The Special Rapporteur calls upon all States to ensure that Internet access is maintained at all times, including during times of political unrest.” I couldn’t say it better myself.
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