Summary
The right to freedom of expression applies to all forms of media, including the internet.
Obligations
Election Parts
Quotes
- Freedom of expression, information and communication should be respected in a digital as well as in a non-digital environment, and should not be subject to restrictions other than those provided for in Article 10 of the ECHR [Freedom of Expression], simply because communication is carried in digital form.
- Any restriction of the right to freedom of expression on the Internet is in compliance with the requirements of Article 10 of the Convention, namely it: - is prescribed by a law, which is accessible, clear, unambiguous and sufficiently precise to enable individuals to regulate their conduct. The law ensures tight control over the scope of the restriction and effective judicial review to prevent any abuse of power. The law indicates with sufficient clarity the scope of discretion conferred on public authorities with regard to the implementation of restrictions and the manner of exercise of this discretion; - pursues a legitimate aim as exhaustively enumerated in Article 10 of the Convention; - is necessary in a democratic society and proportionate to the legitimate aim pursued. There is a pressing social need for the restriction, which is implemented on the basis of a decision by a court or an independent administrative body that is subject to judicial review. The decision should be targeted and specific. Also, it should be based on an assessment of the effectiveness of the restriction and risks of over-blocking. This assessment should determine whether the restriction may lead to disproportionate banning of access to Internet content, or to specific types of content, and whether it is the least restrictive means available to achieve the stated legitimate aim.
- The Human Rights Council, (…) 1. Affirms that the same rights that people have offline must also be protected online, in particular freedom of expression, which is applicable regardless of frontiers and through any media of one’s choice, in accordance with article 19 of the Universal Declaration of Human Rights and of the International Covenant on Civil and Political Rights.
- In this context, member states should: i. refrain from filtering internet content in electronic communications networks operated by public actors for reasons other than those laid down in art. 10, para. 2 of the European Convention on Human Rights, as interpreted by the European Court of Human Rights.
- States have a positive obligation to foster a favourable environment for freedom of expression, offline and online, in which everyone can exercise their right to freedom of expression and participate in public debate effectively, irrespective of whether their views are received favourably by the State or others. Such an environment encompasses the rights to privacy and data protection, and the right to access information on issues of public interest held by public bodies that is necessary for the exercise of the right to freedom of expression.
- States should put in place effective systems for preventing threats and attacks against the media and others exercising their right to freedom of expression, and for investigating such attacks when they do occur, bringing those responsible to justice and compensating victims. This obligation takes on particular significance during election periods.
- The principles of freedom of expression implying a robust public debate must be translated into the digital environment, in particular during electoral periods.
- States should create an enabling legal framework for the right to peaceful assembly and association in the digital age, by: (…) (b) Repealing and amending any laws and policies that allow network disruptions and shutdowns, and refraining from adopting such laws and policies; (c) Revising and amending cybercrime, surveillance and antiterrorism laws and bringing them into compliance with international human rights norms and standards governing the right to privacy, the right to freedom of opinion and expression, the right to freedom of peaceful assembly and the right to freedom of association.
- States should refrain from adopting unnecessary and/or disproportionate laws criminalising or imposing harsher penalties on online expression than its offline equivalent.
- The right to freedom of expression applies to the Internet, just as it does to other communication media. The international community, as well as national governments, should actively promote universal access to the Internet...States should not adopt separate rules limiting Internet content.
- The right to freedom of expression, which applies regardless of frontiers, protects the Internet, as it does other forms of communication.
- Restrictions on Internet content, whether they apply to the dissemination or the receipt of information should only be imposed in strict conformity with the guarantee of freedom of expression...
- Political parties and candidates should be provided access to media and equal treatment in media owned or controlled by the state so that voters can be informed of political platforms, views, and goals in a fair and unbiased manner. This covers all forms of the media, including radio, television, newspapers, and evolving forms of media such as the Internet.
- These standards should also apply to new communications technologies such as the Internet, which are of enormous value in promoting the right to freedom of expression and the free flow of information and ideas, particularly across frontiers and at the global level. Any restrictions on these new communications technologies should not: limit or restrict the free flow of information and ideas protected by the right to freedom of expression.
- The Internet, at both the global and national levels, should be overseen only by bodies which are protected against government, political and commercial interference, just as freedom from such interference is already universally acknowledged in the area of the print and broadcast media.