Posts Tagged ‘un’

UN Report: Criminalization of Blogging

Wednesday, July 27th, 2011

Blue flag of the United NationsBelow is another excerpt that I think’s worth reading from the recent United Nations Human Rights Council report [pdf] on freedom of opinion and expression.

This excerpt of the report decries the criminalization of blogging:

… any restriction to the right to freedom of expression must meet the strict criteria under international human rights law. A restriction on the right of individuals to express themselves through the Internet can take various forms, from technical measures to prevent access to certain content, such as blocking and filtering, to inadequate guarantees of the right to privacy and protection of personal data, which inhibit the dissemination of opinions and information. The Special Rapporteur is of the view that the arbitrary use of criminal law to sanction legitimate expression constitutes one of the gravest forms of restriction to the right, as it not only creates a “chilling effect”, but also leads to other human rights violations, such as arbitrary detention and torture and other forms of cruel, inhuman or degrading treatment or punishment.

One clear example of criminalizing legitimate expression is the imprisonment of bloggers around the world. According to Reporters without Borders, in 2010, 109 bloggers were in prison on charges related to the content of their online expression. Seventy-two individuals were imprisoned in China alone, followed by Viet Nam and Iran, with 17 and 13 persons respectively.

Imprisoning individuals for seeking, receiving and imparting information and ideas can rarely be justified as a proportionate measure to achieve one of the legitimate aims under article 19, paragraph 3, of the International Covenant on Civil and Political Rights. The Special Rapporteur would like to reiterate that defamation should be decriminalized, and that protection of national security or countering terrorism cannot be used to justify restricting the right to expression unless the Government can demonstrate that: (a) the expression is intended to incite imminent violence; (b) it is likely to incite such violence; and (c) there is a direct and immediate connection between the expression and the likelihood or occurrence of such violence.

UN Report: Internet as Human Rights Issue

Monday, June 27th, 2011

Blue flag of the United NationsThe United Nations Human Rights Council has published a report [pdf] by Special Rapporteur Frank La Rue on the promotion and protection of the right to freedom of opinion and expression. The document is heavy on analysis of online expression, looking at the internet as a human rights issue.

I’ll post various key excerpts on more specific topics in coming days. But first, here are some key excerpts of the report regarding the importance of the internet for free expression. There is a lot of good sense in here. Most importantly, the internet strongly identified as implicating human rights issues. Additionally, we get the counsel that because the internet is special, it deserves freedoms from regulation that traditional forms of media may not enjoy.

These excerpts are from paragraphs 2, 19-23,

The Special Rapporteur believes that the Internet is one of the most powerful instruments of the 21st century for increasing transparency in the conduct of the powerful, access to information, and for facilitating active citizen participation in building democratic societies. Indeed, the recent wave of demonstrations in countries across the Middle East and North African region has shown the key role that the Internet can play in mobilizing the population to call for justice, equality, accountability and better respect for human rights. As such, facilitating access to the Internet for all individuals, with as little restriction to online content as possible, should be a priority for all States. …

Very few if any developments in information technologies have had such a revolutionary effect as the creation of the Internet. Unlike any other medium of communication, such as radio, television and printed publications based on one-way transmission of information, the Internet represents a significant leap forward as an interactive medium. Indeed, with the advent of Web 2.0 services, or intermediary platforms that facilitate participatory information sharing and collaboration in the creation of content, individuals are no longer passive recipients, but also active publishers of information. Such platforms are particularly valuable in countries where there is no independent media, as they enable individuals to share critical views and to find objective information.

Indeed, the Internet has become a key means by which individuals can exercise their right to freedom of opinion and expression, as guaranteed by article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. …

… the framework of international human rights law remains relevant today and equally applicable to new communication technologies such as the Internet.

The right to freedom of opinion and expression is as much a fundamental right on its own accord as it is an “enabler” of other rights, including economic, social and cultural rights, such as the right to education and the right to take part in cultural life and to enjoy the benefits of scientific progress and its applications, as well as civil and political rights, such as the rights to freedom of association and assembly. Thus, by acting as a catalyst for individuals to exercise their right to freedom of opinion and expression, the Internet also facilitates the realization of a range of other human rights.

The vast potential and benefits of the Internet are rooted in its unique characteristics, such as its speed, worldwide reach and relative anonymity. At the same time, these distinctive features of the Internet that enable individuals to disseminate information in “real time” and to mobilize people has also created fear amongst Governments and the powerful. This has led to increased restrictions on the Internet through the use of increasingly sophisticated technologies to block content, monitor and identify activists and critics, criminalization of legitimate expression, and adoption of restrictive legislation to justify such measures. In this regard, the Special Rapporteur also emphasizes that the existing international human rights standards, in particular article 19, paragraph 3, of the International Covenant on Civil and Political Rights, remain pertinent in determining the types of restrictions that are in breach of States’ obligations to guarantee the right to freedom of expression.

However, in many instances, States restrict, control, manipulate and censor content disseminated via the Internet without any legal basis, or on the basis of broad and ambiguous laws, without justifying the purpose of such actions; and/or in a manner that is clearly unnecessary and/or disproportionate to achieving the intended aim, as explored in the following sections. Such actions are clearly incompatible with States’ obligations under international human rights law, and often create a broader “chilling effect” on the right to freedom of opinion and expression.

In addition, the Special Rapporteur emphasizes that due 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. For example, in cases of defamation of individuals’ reputation, given the ability of the individual concerned to exercise his/her right of reply instantly to restore the harm caused, the types of sanctions that are applied to offline defamation may be unnecessary or disproportionate.

Similarly, while the protection of children from inappropriate content may constitute a legitimate aim, the availability of software filters that parents and school authorities can use to control access to certain content renders action by the Government such as blocking less necessary, and difficult to justify.12 Furthermore, unlike the broadcasting sector, for which registration or licensing has been necessary to allow States to distribute limited frequencies, such requirements cannot be justified in the case of the Internet, as it can accommodate an unlimited number of points of entry and an essentially unlimited number of users.

UNESCO Celebrates Press Freedom with Press Restrictions (Again)

Tuesday, May 3rd, 2011

World Press Freedom Day 2011 graphic with copyright notice: "© UN Foundation and WPFD 2011 Executive Committee / World Press Freedom Day 2011"

World Press Freedom graphic reproduced without permission and in knowing and intentional violation of UNESCO's terms of use. So there.

Today is the UN’s World Press Freedom Day. I note this year, as I did last year, that UNESCO is celebrating the day while making conspicuous assertions of I-me-me-mine intellectual property entitlements to their graphics. And their terms of use, by their own terms, disallow the re-use of their graphics for editorial commercial purposes:

All contents on this website are protected by copyright. UNESCO is pleased to allow those who may choose to access the site to download and copy the materials for their personal, non-commercial use.

Any copy made of the materials must retain all copyright and other proprietary legends and notices in the same form and manner as on the original. Any use of textual and multimedia information (sound, image, software, etc.) in the website shall be accompanied by an acknowledgement of the source, citing the uniform resource locator (URL) of the page (Title of the material, © UNESCO, URL).

No other use of the materials is authorised without prior written permission from UNESCO.

It’s so silly. I suppose if they aren’t aggressive with their assertions of IP, they’ll have the folks from WIPO harassing them at the next UN cocktail party.

Today is World Press Freedom Day

Monday, May 3rd, 2010
World Press Freedom Day logo

UNESCO logo for World Press Freedom Day

Today is World Press Freedom Day, as declared by the United Nations General Assembly. The date, May 3, commemorates the 1991 Declaration of Windhoek, asserting that “the establishment, maintenance and fostering of an independent, pluralistic and free press is essential to the development and maintenance of democracy in a nation, and for economic development.”