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"Freedom of Expression, Human Rights Standards and Private Online Censorship"
Book chapter in Eds. J.Kulesza and R.Balleste: Cybersecurity and Human Rights in the Age of Cyberveillance
Summary introduction to the chapter:
States are bound under international conventions to guarantee human rights, including the right to freedom of expression, and they also have the sovereign right to determine what content is acceptable within their own jurisdiction. However, when it comes to electronic communications networks, private actors are increasingly being asked to act on behalf of States in implementing content restrictions. These private actors are not bound by these international conventions, but they do fall under the jurisdiction of the state.
Their position therefore could become pivotal with regard to freedom of expression online. This chapter therefore addresses the question of how to interpret the duty of states with regard to private actors, in the context of content restrictions and the right to freedom of expression.
The chapter covers:
The problem with copyright and freedom of expression online
Technology & policy challenges
Interference & human rights law
Copyright
States and private actors
Balancing interference and state duties
IPtegrity commentary
- UK bulk intercept surveillance - court ruling calls for tighter safeguards
- UK border safety alert - mind the capability gap
- What? Will UK government ignore security as it walks away from EU?
- Britain unplugged: the security risk of no-deal
- Betting on a costly space race: MPs probe OneWeb satellite deal
- Disrupting supply chains: how leaving the Single Market means systemic breakdown
- Big tech and anti-trust: an ill-fitting suit?
- Schrems ruling puts a spoke in UK data flows from 2021
- Digital rights - why they matter in a time of coronavirus
- EU upload filter - Germany's crucial deciding vote
- Copyright Directive upload filter - why EU Council should block it
- Data and Brexit - a mis-calculation?
- EU lawmakers seek to protect free speech in online content rules
- How Brexit rips up business models Part 2: visas for money and music
- How Brexit rips up business models Part 1: putting back barriers
- Norwegian Blue or Super-Canada - is there any life in this parrot?
- EU Copyright Directive - who pays the bill for the upload filter?
Published work
- Algorithms Patrolling Content: Where's the Harm?
- Content responsibility: The looming cloud of uncertainty for Internet intermediaries
- Freedom of Expression, Human Rights Standards and Private Online Censorship
- The Policy Challenge Of Content Restrictions: How Private Actors Engage The Duties Of States
- Internet Policy Review - The Aereo dilemma and copyright in the cloud
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About Iptegrity
Iptegrity.com is the website of Dr Monica Horten.
I am a tech policy specialist, published author, post-doctoral scholar. I hold a PhD from the University of Westminster, and a DipM from the Chartered Institute of Marketing. Currently working on UK Online Safety Bill.
Recent media quotes: BBC, iNews, Times, Guardian, Politico. Panelist: IAPP, CybersecuritySummit. Parliament and Internet. June 2022-July 2023 w/ Open Rights Group.
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