"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