the public interest, should not face liability if they do not place anyone in an imminent situation of serious harm.213
150. The UN Human Rights Council has recognized that new forms of communication,
including the dissemination of information online, can serve as important tools for
human rights defenders to promote and strive for the protection of human rights.
Furthermore, it has underlined that “access to and use of information technologies and the media of one’s choice, including radio, television and the Internet,
should be promoted and facilitated at the national level, between States and at the
international level as an integral part of the enjoyment of the fundamental rights
to freedom of opinion and expression”.214 However, there have been reports that
websites have been blocked in some participating States with the aim of restricting the sharing of and access to information that is perceived to be critical of the
authorities, or of information that is considered controversial and described as,
for example, posing risks to public health. In some participating States, access to
websites can be partially restricted or fully blocked without effective safeguards
against the abuse of such measures, including independent and impartial judicial
oversight. Similarly, where such safeguards are not in place, authorities can often
obtain communications data and other information from Internet Service Providers concerning, for example, the identity of individuals posting online content.
Such information can then be used to silence them.
151. Measures should be taken to prevent the use of non-state actors, including Inter-
net service providers, to restrict legitimate activities in defending human rights.
As a basic rule, participating States should not require Internet intermediaries
such as Internet service providers and social media companies to disclose the
identity of bloggers or users of social media to any public authority. Where it has
been ascertained by the competent authorities that the contents that have been
posted clearly fall outside of what is protected by international standards on freedom of opinion and expression, for example, because it may constitute incitement
to hatred or violence, investigation and possible prosecution of those responsible
must fully respect international standards on due judicial process.
Freedom of the media
152. OSCE participating States have reaffirmed “the right of the media to collect, report
and disseminate information, news and opinions”, specifying that “[a]ny restriction in the exercise of this right will be prescribed by law and in accordance with
international standards” and expressly recognizing the key importance of an independent media “to a free and open society and accountable systems of government
213 A/68/362, paras. 68, 107 and 108. See also the UN Special Rapporteur on the protection and promotion
of the right to freedom of opinion and expression and the Special Rapporteur for freedom of expression of the
Inter-American Commission on Human Rights, “Joint Declaration on surveillance programs and their impact
on freedom of expression”, para. 15.
214 A/HRC/RES/22/6, preamble and para. 7.
Guidelines on the Protection of Human Rights Defenders
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