Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Type of work: Report
This report explores key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet. The Special Rapporteur underscores the unique and transformative nature of the Internet not only to enable individuals to exercise their right to freedom of opinion and expression, but also a range of other human rights, and to promote the progress of society as a whole. Chapter III of the report underlines the applicability of international human rights norms and standards on the right to freedom of opinion and expression to the Internet as a communication medium, and sets out the exceptional circumstances under which the dissemination of certain types of information may be restricted. Chapters IV and V address two dimensions of Internet access respectively: (a) access to content; and (b) access to the physical and technical infrastructure required to access the Internet in the first place. More specifically, chapter IV outlines some of the ways in which States are increasingly censoring information online, namely through: arbitrary blocking or filtering of content; criminalization of legitimate expression; imposition of intermediary liability; disconnecting users from Internet access, including on the basis of intellectual property rights law; cyberattacks; and inadequate protection of the right to privacy and data protection. Chapter V addresses the issue of universal access to the Internet. The Special Rapporteur intends to explore this topic further in his future report to the General Assembly. Chapter VI contains the Special Rapporteur’s conclusions and recommendations concerning the main subjects of the report.
The first addendum to the report comprises a summary of communications sent by the Special Rapporteur between 20 March 2010 and 31 March 2011, and the replies received from Governments. The second and third addenda contain the findings of the Special Rapporteur’s missions to the Republic of Korea and Mexico respectively.