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States should not unjustifiably prevent internet access: UN Human Rights Commissioner Navanethem "Navi" Pillay
-PTI


JOHANNESBURG: States may not prevent access to websites because they display opinions or beliefs that are critical of governments or established systems of thought, UN Human Rights Commissioner Navanethem "Navi" Pillay said here.

Pillay, a South African of Indian Tamil origin, was delivering a lecture on 'Human Rights Achievements and Challenges in a Rapidly Changing World' at the University of the Witwatersrand as part of South Africa's celebration of Human Rights Month.

Describing the Internet as "perhaps the most powerful global trend in recent history", Pillay said yesterday that it presented a very complex range of human rights challenges.

"The Internet has obliterated attempts to establish monopolies over information and the news. Its multiple sources boost informed decision-making by citizens and leaders, and it hugely increases pressure for transparency and accountability," Pillay said, who was also the first non-white woman on the High Court of South Africa.

"The Internet can also empower individuals - even the most disadvantaged - to assert their rights and to participate in opposing oppression," she said, adding that it also connects citizens to a wide range of resources, notably education, but also improving access to healthcare and economic opportunities."

Because of all this and as part of their obligation to respect the rights to freedom of opinion and expression, all States have a duty to facilitate access to the Internet, but not all were cooperating, Pillay said.

"Last year my office convened a panel discussion regarding freedom of expression on the Internet. We heard from Google that in 25 out of the 150 countries where Google operated, one or other of its products were either banned or blocked. This is a worrisome trend," she said.

But while calling for minimal restriction on the flow of information, Pillay highlighted the exceptions that permitted some form of restriction.

"International law, as we've seen, prohibits certain kinds of expression in order to respect the rights of others," she said.

"They include direct and public incitement to commit genocide, as well as advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. The prohibition on child pornography is another example," Pillay said.

Pillay also cited the controversial area of incitement to terrorism. "Security Council resolution 1624 (2005) has called upon States to "prohibit by law incitement to commit a terrorist act or acts" and to prevent such conduct.

"However, States have a broad margin of discretionary power to interpret what kinds of expression constitute incitement to terrorism, and this may be open to misuse," the Commissioner said.

"Restrictions need to involve effective safeguards, including oversight by an independent and impartial body. And they must be precise. Blocking and filtering technology must not be deployed to obstruct access to critical scrutiny," she added.