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This document touches upon the relationship between the internet privacy and freedom of expression, and discusses various privacy issues arising from the use of the new technologies. It also provides information about the regulatory environment of Internet Privacy by comparing it with the freedom of expression. The Survey also discusses the national protection for privacy in China, Argentina, Mexico, USA, India, Egypt, France, Nigeria, and South Africa and outlines several useful resources that may be used to obtain more information about this topic (including for countries, such as: Africa, Europe and North America, Latin America, Asia). It also provides self-regulatory guidelines, normative challenges, policy recommendations and case studies. Among other key issues, it discusses the roles and the responsibilities of...

This report analyzes how the internet challenges the fundamental rights of privacy and free expression. In particular, it emphasizes tensions that arise from the interdependence and mutual support of privacy and free expression online (Pages 11, 77). The tensions between these rights on the internet are described in detail, and particularly the cross-border issues raised by the internet (Page 22). When addressing the Right to be Forgotten, the report affirms that "for many, it is still debatable in the long run if this decision to remove what the court deemed as irrelevant and outdated information strikes the right balance between the two fundamental interests" (Page 28). An extensive analysis of the Right to be Forgotten indicates that many questions around the Google Spain case are still open, such as i) "who should...

The Resolution highlights the importance of protecting human rights, including freedom of speech, right to privacy and, equal opportunity to across genders and borders in enabling development and innovation on the Internet. The Resolution also highlights the need for promoting access to new technologies to persons with disabilities (Paragraph 7). Finally, the Resolution highlights the need for sovereign and global cooperation to enhance security on the Internet and promote trust amongst Internet users. The Resolution calls (Paragraph 1) for online rights equal to the rights that people have offline in accordance with the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). It affirms the importance of global cooperation in bridging various digital divides...

This report, the first in a series concerning human rights in the digital age, focuses on the private sector. It lists key private actors in the Internet speech ecosystem, and identifies the United Nations Human Rights Council (UNHRC’s) Guiding Principles on Business and Human Rights as a framework for identifying their responsibilities. In relation to Intermediary Liability, the report emphasizes the following trends: Vague speech regulation laws leading to over-censorship by individuals and businesses (Paragraph 39). Excessive intermediary liability laws leading to over-removal by intermediaries, sometimes because they are required to apply law to unclear claims. The Rapporteur linked this concern to the Right to Be Forgotten and the Google Spain case, stating that "the scope and implementation of this approach...

A key document in the literature of intermediary liability and human rights is the Manila Principles on Intermediary Liability. Drafted and endorsed by civil society groups from around the world, the Manila Principles on Intermediary Liability advances framework of baseline safeguards and best practices to safeguard human rights when intermediaries are asked to restrict online content. The principles are based on human rights instruments and other international legal frameworks. These principles include: Principle I. Intermediaries should be shielded by law from liability for third party content; Principle II. Content must not be required to be restricted without an order by a judicial authority Principle III. Requests for restrictions of content must be clear, be unambiguous, and follow due process Principle IV. Laws...

This report identifies freedom to express online as a right. It recognizes four principles as preconditions to internet ‘universality’: (1) human rights; (2) openness; (3) accessibility; and (4) multi-stakeholder participation (R-O-A-M) (Pages 9, 179). A part of the duty towards human rights includes the facilitation of the freedom of expression (Pages 15-18). The report identifies different types of intermediaries, using three major types as case studies – network providers, search engines and social networks (Page 22) to depict the impact of geopolitics, government regulation and company policies on user expression (Pages 58, 129). Using these case studies, it highlights difficulties faced by intermediaries in furthering free expression in jurisdictions where the governments are not inclined to implement policies...