The Electronic Frontier Foundation submission highlights risks to human rights defenders from digital regulation
A submission to the UN human rights office outlines how cybercrime laws, platform practices, and surveillance measures are affecting human rights defenders in the digital environment.
The Electronic Frontier Foundation (EFF) has submitted input to the Office of the UN High Commissioner for Human Rights (OHCHR), examining how current digital policies and practices affect human rights defenders (HRDs).
The submission focuses on laws and measures introduced to address online harms, such as cybercrime and disinformation. While these are often presented as protective, the EFF notes that in some cases they are being used to restrict lawful expression, expand surveillance, and limit access to information.
According to the submission, cybercrime and national security laws are increasingly applied to human rights defenders’ activities, sometimes without clear safeguards or judicial oversight. It also highlights how regulatory approaches adopted in one country can influence others. For example, frameworks inspired by the UK’s Online Safety Act have been replicated in different contexts, sometimes with fewer protections.
The document also points to ongoing disruptions to internet access, including shutdowns and throttling, which can prevent human rights defenders from communicating or documenting abuses. These disruptions may affect both freedom of expression and personal safety.
Another issue raised is the use of surveillance technologies, such as spyware and biometric systems, which have been deployed against activists and journalists. These practices can lead to intimidation, detention, or other forms of retaliation.
The submission further examines the role of social media platforms. It notes that content moderation systems, particularly those relying on automated tools, may remove or limit access to content documenting human rights violations. Limited transparency and inconsistent enforcement across languages and regions are also identified as challenges.
The EFF calls for digital regulation and platform policies to be aligned with human rights standards, including clear legal frameworks, independent oversight, and safeguards for privacy and freedom of expression. It also emphasises the importance of involving civil society in policy development.
