Posted by Senior Director, Juliette Terzieff
Access to the Internet is a basic human right associated with the rights to a free opinion and expression, and any government entity that seeks to block or restrict use is committing a violation, United Nations Special Rapporteur Frank La Rue says in a new report.
La Rue, who heads the office on the promotion and protection of the right to freedom of opinion and expression, believes the Internet possesses transformative power that not only enables individuals to exercise their rights but contributes to the progress of society over all. As a broad-based communication medium, the special rapporteur argues, the Internet enjoys the same protections provided through standard international norms, such as the Universal Declaration on Human Rights and International Convention on Civil and Political Rights, as other forms of mass communication and media.
“The Internet is one of the most powerful instruments of the 21st century for increasing transparency in the conduct of the powerful, access to information, and for facilitating active citizen participation in building democratic societies. Indeed, the recent wave of demonstrations in countries across the Middle East and North African region has shown the key role that the Internet can play in mobilizing the population to call for justice, equality, accountability and better respect for human rights,” La Rue said in a report presented to the UN Human Rights Council. “As such, facilitating access to the Internet for all individuals, with as little restriction to online content as possible, should be a priority for all States.”
While governments may legitimately restrict the dissemination of some kinds of information –like child pornography or data that encourages violence or genocide –many governments have been censoring the Internet or blocking access illegally. In some cases, like China, authorities have set up a sophisticated, permanent system to censor available Internet content, while in other places such as Egypt authorities have sought to restrict access as pivotal political moments.
The Center for Democracy & Technology released the latest version of its report “Regardless of Frontiers” as a multi-stakeholder discussion draft in April 2011 looking at increased efforts by governments to control the Internet and putting forth arguments based in international agreements to support access as a guaranteed right. CDT sees the Internet as simultaneously creating great opportunities for individual expression and for governments to seek greater control over the populations.
In 2010, Reports Without Borders noted the growing trend of government attempts to control Internet access with authorities in 60 countries –twice the number of 2009 –imposing some form of censorship. Saudi Arabia, Burma, China, North Korea, Cuba, Egypt, Iran, Uzbekistan, Syria, Tunisia, Turkmenistan, and Vietnam were named by the group as “Enemies of the Internet.” The explosion of the use of ICT tools by the general public, and not just long-time campaigning dissidents, was one of the prime reasons behind the increase, according to the group –a trend that is unlikely to have dissipated given events over the last year in the Middle East and North Africa.
As Reporters Without Borders noted, while some countries like Finland and Estonia have passed legislation guaranteeing Internet access as a basic right, others –such as North Korea, Vietnam and Iran –either block the Internet or routinely harass netizens.
The UN rapporteur’s report broadly commends the private sector for facilitating the transfer of information over networks, continuously developing ICT tools that enable users to access the Internet and for helping to protect the integrity of their services from State interference. The Rapporteur does warn that private companies do, in some cases, face extreme pressure from national authorities and may in the interest of business operations find themselves complicit in violations. Google, Microsoft and Yahoo! are recognized in the report for their participation in the multi-stakeholder Global Network Initiative.
In addition to access as a right, the UN also sees the Internet and ICT tools as pivotal elements in economic and social development. As we discussed previously, the world body is supporting multi-stakeholder efforts to achieve universal broadband access for youth around the world to drive positive change and meet education, poverty, health and human rights goals.
