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Joint Communication by UN and OAS Special Rapporteurs

May 16, 2018

In April 2018, the OAS’ Special Rapporteur on Freedom of Expression and the UN’s Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression issued a joint communication to the Argentinean Government in support of the bill on intermediary liability. This bill is currently available to be discussed in the Deputies Chamber after having obtained its approval in the Senate in 2017. 

According to the Special Rapporteurs, the bill complies with Human Rights standards on freedom of expression proposed by UN and OAS, as well as with OECD guidelines and the Manila Principles on Intermediary Liability: it includes a judicial revision requirement to remove content from Internet platforms and the possibility to appeal decisions. Moreover, it exempts intermediaries from responsibility to monitor content from third parties. Regarding article 7 on self-regulation, the Special Rapporteurs consider that the bill intends to establish general requirements on notification and transparency for certain categories of private decisions, including content removal according to the platforms' terms and conditions, suspension of accounts, and cancellation of services. This article should be understood according to freedom of expression standards established by article 19 ICCPR.

Consequently, the joint communication urges the Argentinean President to explore, together with civil society and the private sector, the development of different due process rules and good practices for private content removal. Lastly, the Special Rapporteurs urge the Argentinean Government to adopt the necessary measures to encourage the approval of the bill.

Topic, claim, or defense
Freedom of Expression