APC calls for stronger digital rights protections in UN guidance on freedom of association

The Association for Progressive Communications (APC) has submitted comments to the United Nations Human Rights Committee on the draft General Comment No. 38 on Article 22 of the International Covenant on Civil and Political Rights (ICCPR), calling for stronger recognition of the role of digital technologies in the exercise of freedom of association. The submission argues that the Committee should more comprehensively address how digital technologies both enable and restrict the ability of individuals and organisations to organise collectively.

APC recommends that the General Comment explicitly recognise that online and offline forms of association are increasingly interconnected and that Article 22 should provide equal protection to digital groups, decentralised networks, online campaigns, and other digitally mediated forms of collective organisation. The submission also argues that protection should not depend on formal registration, legal status, or the public identification of members, particularly where anonymity or pseudonymity is necessary for safety.

A central theme of the submission is the need to recognise the impact of digital technologies on civic participation. APC highlights risks including internet shutdowns, spyware, government hacking, algorithmic monitoring, arbitrary content blocking, restrictions on encryption, cyberattacks, online harassment, and technology-facilitated gender-based violence. It argues that these practices can create a chilling effect on participation in associations and should be explicitly addressed in the Committee’s interpretation of Article 22.

The organisation also calls for greater recognition of the importance of an enabling digital environment. Its recommendations include ensuring affordable internet access, secure digital infrastructure, encryption tools, community-centred connectivity, digital accessibility, and measures to address the digital divide. APC further recommends that states refrain from imposing internet shutdowns and other connectivity restrictions, particularly during emergencies or armed conflict, arguing that such measures undermine the exercise of freedom of association and humanitarian activities.

The submission emphasises gender-responsive and intersectional approaches to digital rights. APC argues that women, girls, LGBTQI+ persons, persons with disabilities, migrants, racial and ethnic minorities, and other marginalised groups face disproportionate barriers and risks in digital spaces. It recommends that the General Comment explicitly recognise these differentiated impacts and encourage states to adopt targeted measures to ensure equal participation in digital civic life.

In addition, APC calls for stronger oversight of private-sector actors whose platforms and technologies shape the exercise of freedom of association. The submission recommends that states require technology companies to undertake transparent and ongoing human rights due diligence, ensure accountability for adverse impacts, and provide effective remedies where digital products or services interfere with fundamental rights. It also argues that concepts such as cybercrime, national security, misinformation, disinformation, and online safety should not be treated as independent grounds for restricting freedom of association beyond the limitations permitted under Article 22 of the ICCPR.

The submission was provided as part of the UN Human Rights Committee’s public consultation on Draft General Comment No. 38, which seeks to clarify states’ obligations regarding the right to freedom of association in light of evolving social and technological developments.