Freedom of expression online
Why freedom of expression matters
Freedom of expression is fundamental to human rights and democracy. The internet amplifies this right, enabling individuals to share ideas, access information, and participate in societal and political discourse across borders. However, the online sphere introduces complexities, including state-led censorship, platform-driven content moderation, misinformation, and surveillance.
Striking a balance between safeguarding freedom of expression and addressing harmful content is a key policy challenge, particularly in an era where digital platforms hold immense influence over public discourse. Understanding these dynamics is essential for fostering a digital environment that respects this right while addressing legitimate concerns like hate speech and misinformation.
Challenges to freedom of expression online
Censorship and content regulation
Governments and private entities often limit access to content for various reasons, such as national security, public order, or political suppression. However, such actions can become tools of authoritarianism, stifling dissent and restricting critical voices. Content moderation by platforms, while essential to address harmful material, often lacks transparency and fairness, disproportionately affecting marginalised groups or dissenting opinions.
Misinformation and disinformation
The rapid spread of false information online undermines public trust and distorts democratic processes. Addressing misinformation involves ensuring accountability without overly restricting legitimate expression or critical journalism.
Surveillance and self-censorship
Excessive state surveillance of online communications can lead to self-censorship. Fear of reprisal often prevents individuals from freely expressing opinions or engaging in sensitive conversations.
Internet shutdowns and restrictions
Internet shutdowns during protests, elections, or crises restrict access to information and communication, curbing public discourse and individual freedoms. The increasing prevalence of such shutdowns seriously threatens global freedom of expression.
Policy dimensions of freedom of expression
Social and governance impacts
Freedom of expression enables public participation in governance and decision-making, making it essential for accountability and transparency. However, overreach in regulating online speech can lead to the erosion of civil liberties.
Human rights and legal frameworks
The right to freedom of expression is enshrined in key international instruments, such as Article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. These frameworks underscore that any restriction on expression must meet strict conditions of legality, necessity, and proportionality.
Technological and platform influence
Digital platforms increasingly act as gatekeepers of online expression. Their policies and algorithms play a significant role in shaping public discourse, raising questions about their accountability and the need for clear regulatory frameworks.
Forums where freedom of expression is addressed
The UN Human Rights Council addresses issues related to online censorship, surveillance, and content regulation within the framework of international human rights law. Regional bodies such as the Council of Europe and the African Commission on Human and Peoples’ Rights address freedom of expression within regional human rights contexts.
The UN Internet Governance Forum (IGF) The IGF is a global multistakeholder platform that facilitates the discussion of public policy issues pertaining to the internet. One particular strength, especially for CSOs is the CS representation on the IGF’s multistakeholder advisory board (MAG) and the possibility to both input and effectively engage in designing yearly themes and session content.
Technical standard-setting bodies such as the Internet Engineering Task Force (IETF) explore technical approaches to issues like misinformation and content filtering, while industry and multistakeholder initiatives, such as the Global Network Initiative (GNI) and RightsCon bring together civil society, companies, and governments to discuss online expression.
