Internet blackouts 'violate human rights'

The United Nations (UN) is deeply concerned by the increasingly sophisticated blocking or filtering mechanisms used by governments for censorship.

The global organisation says the lack of transparency surrounding these measures also makes it difficult to ascertain whether blocking or filtering is really necessary for the purported aims put forward by governments.

In line with this, on Friday the organisation presented a report on the right to freedom of opinion and expression on the Internet to the UN Human Rights Council.

The 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.

UN special rapporteur on freedom of expression, Frank La Rue, presenting the report, warned that fearful governments are increasingly restricting the flow of information on the Internet due to its potential to mobilise people to challenge the status quo.

While noting that the Internet is a relatively new communication medium, he stressed the applicability of the international human rights framework when assessing whether governments are unduly restricting the flow of information online.

While the Internet has been in existence since the 1960s, he added, its current use throughout the world across different age groups, and incorporation into virtually every aspect of modern human life, has been unprecedented.

According to the International Telecommunication Union, the total number of Internet users worldwide is now over 2 billion. Active users of Facebook grew from 150 million to 600 million between 2009 and 2011, it says.

La Rue believes the Internet is one of the most powerful instruments of the 21st Century for increasing transparency in the conduct of the powerful.

This also helps facilitating active citizen participation in building democratic societies, he said, adding that the recent wave of demonstrations in countries across the Middle East and North African region are good examples.

“These have shown the key role that the Internet can play in mobilising the population to call for justice, equality, accountability and better respect for human rights.”

He underscored 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.

As such, he called upon governments that block Web sites to provide lists of blocked Web sites and full details regarding the necessity and justification for blocking each individual site.

The report suggests that an explanation should be provided on the affected Web sites as to why they have been blocked.

“Any determination on what content should be blocked must be undertaken by a competent judicial authority or a body which is independent of any political, commercial, or other unwarranted influences.”

La Rue also called upon governments to develop a concrete and effective plan of action to make the Internet widely available, accessible and affordable to all segments of the population.

With regards to child pornography, he noted that it is one clear exception where blocking measures can be justified.

“Provided that the national law is sufficiently precise and there are sufficient safeguards against abuse or misuse to prevent any 'mission creep', including oversight and review by an independent and impartial tribunal or regulatory body,” he noted.

La Rue called upon states to focus their efforts on prosecuting those responsible for the production and dissemination of child pornography, rather than on blocking measures alone.

The special rapporteur emphasised that there should be as little restriction as possible to the flow of information via the Internet, except in few, exceptional, and limited circumstances prescribed by international human rights law.

He also stressed that the full guarantee of the right to freedom of expression must be the norm, and any limitation considered as an exception, and that this principle should never be reversed.

According to La Rue, unlike any other medium, the Internet enables individuals to seek, receive and impart information and ideas of all kinds instantaneously and inexpensively across national borders.

By vastly expanding the capacity of individuals to enjoy their right to freedom of opinion and expression, which is an “enabler” of other human rights, the Internet boosts economic, social and political development, and contributes to the progress of humankind as a whole, he added.

He also took note of the Internet's power which allows individuals to spread information instantly to organise themselves and inform the world about situations of injustice and inequality. This has also created fear among governments, he said.