Human Rights and the Internet
Human rights expert and Nobel Peace Prize nominee Frank La Rue released his Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression to the United Nations on May 16, 2011, stressing that the Internet is an important part of human rights. Consider the following sections (p.7) from the report:
…20. Indeed, the Internet has become a key means by which individuals can exercise their
right to freedom of opinion and expression, as guaranteed by article 19 of the Universal
Declaration of Human Rights and the International Covenant on Civil and Political Rights…
21. By explicitly providing that everyone has the right to express him or herself through
any media, the Special Rapporteur underscores that article 19 of the Universal Declaration
of Human Rights and the Covenant was drafted with foresight to include and to
accommodate future technological developments through which individuals can exercise
their right to freedom of expression. Hence, the framework of international human rights
law remains relevant today and equally applicable to new communication technologies such
as the Internet.
22. The right to freedom of opinion and expression is as much a fundamental right on its
own accord as it is an “enabler” of other rights, including economic, social and cultural
rights, such as the right to education and the right to take part in cultural life and to enjoy
the benefits of scientific progress and its applications, as well as civil and political rights,
such as the rights to freedom of association and assembly. Thus, by acting as a catalyst for
individuals to exercise their right to freedom of opinion and expression, the Internet also facilitates the realization of a range of other human rights…
La Rue took issue with laws in France and the United Kingdom banning copyright violators doing illegal downloading from accessing the internet but also criticized China for its extensive control of internet information and requirement of its internet service providers to provide surveillance of their users’ content. Some commentators argue that the internet is not a right as users sign up for access via subscription and their own equipment. Several countries have already declared the internet to be a fundamental human right, including Estonia, France and Costa Rica. Former Bulgarian cabinet ministers Solomon and Gergana Passy have promoted access to the internet as the fifth freedom for the European Union.
Canadian law professor Michael Geist noted that the Canadian government’s policy has been generally in concert with the UN Special Rapporteur’s report, including rejecting the cutting-off of internet users. One possible area of concern is the release of personal information without judicial supervision. The Special Rapporteur (p.14) emphasized the importance of protecting the right to freedom of expression and the right to privacy of internet users; he recommended using legal intermediaries to restrict these rights only after court intervention, using transparency and forewarning about such limitations, and minimizing the impact of limitations specifically to the content in question. Those affected by restrictions must have legal remedies available to them, including the likelihood of appeal heard by a capable judiciary.
Uri Rosenthal, the Netherlands’ Foreign Minister, announced that Canada and the Netherlands are jointly organizing a ministerial conference on internet freedom in fall 2011 that Mr. La Rue, the UN Special Rapporteur, will attend.
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