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Report

Report on freedom of expression, states and the private sector in the digital age

Issued by

Special Rapporteur on freedom of opinion and expression

Published

11 May 2016

presented to

HRC, 32nd session

Report

Issued by Special Procedures

Subjects

Freedom of opinion and expression, Digital spaces

Symbol Number

A/HRC/32/38

Summary

This report provides an overview of the regulatory ecosystem that underpins the Internet and trends in State and private action that implicate freedom of expression online. Among the issues the Special Rapporteur discusses are the role of key participants in the ICT sector; the relevant human rights standards applicable to States and the private sector; and the legal and policy concerns that he will examine over the course of his mandate. While this report principally aims to map the private ICT sector, it also concludes with some general recommendations

Background

This report marks the launch of a new project exploring issues at the intersection of State action, the private sector and freedom of expression in a digital age. Online expression is increasingly mediated through private networks and platforms created, maintained and operated by a diverse range of companies commonly referred to as the Information and Communications Technology (“ICT”) sector. While the rapid growth of the ICT sector has led to unprecedented opportunities for access to information and communication, it has also triggered new forms of State regulation that threaten the very existence of a free and open Internet. The activities of the private sector also have an outsized impact on the freedom of expression of millions of users, given their role as gatekeepers of the global exchange of information and ideas.

This report provides an overview of the regulatory ecosystem that underpins the Internet and trends in State and private action that implicate freedom of expression online. Among the issues the Special Rapporteur discusses are the role of key participants in the ICT sector; the relevant human rights standards applicable to States and the private sector; and the legal and policy concerns that he will examine over the course of his mandate. While this report principally aims to map the private ICT sector, it also concludes with some general recommendations. 

Inputs Received
Inputs Received

This report - and, more generally, the initial mapping phase of the project - benefited greatly from extensive public input and consultation. As of the date of publication, 15 States and 15 organizations responded to the Special Rapporteur's call for submissions. These are available below. The Special Rapporteur also convened two expert consultations with a wide cross section of civil society, the corporate sector, and international organizations in January and February 2016.

Member States

NGOs and Civil Society Organizations