Session
Dynamic Coalition on Internet Rights and Principles
Break-out Group Discussions - Flexible Seating - 90 Min
Meaningful access and effective participation online:
Towards a full enjoyment of digital human rights
As Internet-connected technologies have an increasingly central role in our daily lives meaningful access and participation in the online environment have become crucial for the full enjoyment of fundamental rights and freedoms.
The COVID-19 pandemic highlighted the urgency of addressing the digital divide that goes hand in hand with social and economic inequality. It also highlighted the absolute necessity of applying Human Rights frameworks to the design, development, use and governance of the Internet and internet-connected technologies.
This session will reflect on the importance of meaningful access and participation in the online environment for the full enjoyment of human rights. It will address the techno-legal and sociocultural challenges to universal and meaningful access to the Internet and internet-connected technologies particularly when it comes to enabling, and protecting the rights of minorities: persons with disabilities, migrants, refugees and displaced people and other disadvantaged or excluded groups.
Drawing on the provisions of the Charter of Human Rights and Principles for the Internet, the session will look at meaningful access in light of equal and affordable access to a safe online environment and demonstrate how full participation can only exist in the context of a free and open Internet. We will discuss the importance of safeguarding and upholding fundamental rights and freedoms such as freedom of expression and information online (Article 5 of the Charter) and the Right to Legal Remedy and Fair Trial for actions involving the Internet (Article 18 of the Charter). We will also reflect on the importance of empowerment and inclusion to allow full and effective participation in all matters related to the development and the governance of the Internet (as for Article 19 of the Charter: Right to Appropriate Social and International Order for the Internet).
A designated online moderator will coordinate the interaction with online speakers and attendees (by monitoring and interacting with Zoom chat interactions and questions) and liaise with the moderator onsite so that there is a possibility of a dialogue between the onsite and online groups.
A Question and Answer slot will also be provided. All participants will be able to use this space to interact with the speakers both online and offline.
- Raashi Saxena, IRPC, Private Sector, India
- Dennis Redeker, IRPC, Academic, Germany
- Jacob Odame-Baiden, IRPC, Civil Society, Ghana Meri Baghdasaryan, IRPC, Civil Society
- June Parris, IRPC, Civil Society, Barbados
- Marianne Franklin, IRPC, Academic, New Zealand
- Minda Moreira , IRPC, Civil Society, Portugal
- Mohamed Farahat, IRPC, Civil Society, Egypt
- Santosh Sidgel, IRPC, Civil Society, Nepal
- Catherine Muya, Civil Society (Article 19), African Group - remote
- Hon. Neema Lugangira MP, Government (Tanzania), African Group - on-site
- Roselyn Odoyo, Private Sector (Mozilla) - on-site
- Victor Ndede, Civil Society (Amnesty International Kenya) - on-site
- Yohannes Eneyew Ayalew, Technical Community, African Group - remote
Raashi Saxena, IRPC, Private Sector, India
Minda Moreira , IRPC, Civil Society, Western European and Others Group
Marianne Franklin, IRPC, Academic, Western European and Others Group
Targets: SGD Goals 10. Reduced inequality, 16. Peace, Justice and Strong Institutions The session will discuss the importance of an open, equal and free internet and effective participation for the full enjoyment of [digital] human rights. It will address the urgency of tackling the digital divide and identify the techno-legal and sociocultural challenges to universal and meaningful access and participation in the online environment. This links directly with SDG 10. Reduced inequality and SDG 16. Peace, Justice and Strong Institutions.
Report
Barriers to access and participation relate to infrastructure, policy - legislation (e.g taxation) and implementation, the level of digital literacy and content - especially related to the lack of language diversity online. The online and offline worlds are interconnected and marginalised communities are disproportionally affected online. The challenges can go beyond access since access can also be limited or used as a surveillance tool.
More needs to be done to ensure that online violence is tackled effectively. Content moderation is primarily used as a remedy but platforms need a concerted strategy that promotes transparency, investment, better working conditions, awareness raising on abuse reporting, and more cultural and language diversity for long-term solutions. Effective legislation and its implementation need to be the result of a constructive multistakeholder dialogue.
A real commitment to promote access and participation and ensure digital inclusion from all stakeholders: more infrastructure, concerted policies and effective implementation, ensure digital literacy and content which is accessible to all. More engagement and constructive multistakeholder dialogue is needed to develop regulatory frameworks and effective solutions to promote digital inclusion, and to respect and uphold human rights online.
Online violence must be tackled effectively. Internet shutdowns are an obstacle to a free and open Internet and hinder the full enjoyment of digital human rights. Content moderation can only be an effective remedy if civil society, the technical community, private sector and governments work together to ensure that any implemented solutions are transparent, sustainable, localised, human-centered and rights-respecting.
The session reflected on the importance of meaningful access and participation in the online environment for the full enjoyment of human rights. The panel discussion focused on
Access and participation to address major challenges to access and participation online and reflect on ways to promote empowerment and inclusion;
Online content moderation and the most pressing challenges in Africa;
Redress for human rights violations online
The panel included:
- Catherine Muya, Civil Society (Article 19), African Group - remote
- Hon. Neema Lugangira MP, Government (Tanzania), African Group - on-site
- Roselyn Odoyo, Private Sector (Mozilla) - on-site
- Victor Ndede, Civil Society (Amnesty International Kenya) - on-site
- Yohannes Eneyew Ayalew, Technical Community, African Group - remote
and intervention from IRPC Steering Committee member, Santosh Sigdel
The session was moderated on-site by IRPC co-chair Raashi Saxena and online moderated by IRPC co-chair Minda Moreira
Access and participation
Victor Ndede identified four major barriers to access and participation:
- Network infrastructure and policy
- Taxation. The ever-increasing governmental taxes on digital devices and services pose affordability challenges and a reduction of mobile taxes would lead to better inclusion.
- Digital literacy, It is important to know how to use Internet-connected technologies to harness their full potential
- Content, language barriers and the importance of localised content. The fact that the content is mostly in English can limit participation online.
Roselyn Odoyo added that when it comes to access and participation, marginalised communities are disproportionally affected as the legal and political environment is still hostile to these communities e.g, refugees, and LGTB. Access is not only difficult but can even be used to surveil and curtail their rights.
Roselyn pointed out the fact that human rights violations online have repercussions offline and vice-versa and therefore human rights defenders working with marginalised communities and digital rights groups should work together rather than in silos to better address these issues. She also highlighted the importance of including civil society in discussions on accessibility and participation.
Responding to the issue of taxation Hon. Neema Lugangira pointed out that developing countries are losing out due to international tax regulations and that it is important to ensure that African countries benefit from the taxes generated by sales within the countries and that it is only fair that tech companies pay taxes on income generated in the country. The discussion developed further with examples coming from Kenya, Tanzania ad Congo and there was some support both from the panel ad the floor that the increase of taxes for users of digital services and devices could lead to accessibility challenges and hinder inclusion. Hon. Neema Lugangira highlighted the importance of all stakeholders working together so those valid arguments can be passed on to legislators to better look at these issues.
Santosh Sigdel (Internet Rights and Principles Coalition Steering Committee) highlighted the importance of documents such as the Charter of Human Rights and Principles for the Internet in the promotion of accessibility and participation. The Nepali translation of the Charter, he added was a collaborative process. The translation of the document into the local language develops capacity building and gives communities the chance to work on issues that affect directly the tools to work on better laws and policies to address those issues. Sigdel also stressed the importance of the right to access to address digital inclusion and pointed out that the online world replicates what is already happening offline and, therefore, escalates vulnerabilities.
Online content moderation
Reflecting on online content and issues at the intersection of freedom of expression, online abuse and online hatred or incitement to violence the panel reiterated the position that human rights should apply online as they do offline and agreed that online violence has repercussions of offline.
Hon. Neema Lugangira looked at the fine line between freedom of expression and online abuse. She explained how the latter was used as a tool to silence some groups, especially women and highlighted the dangers of self-censoring. She called for online discussions that are “focused on the agenda, not the gender” and for wider representation in social media platform teams so that cultural and language diversity are taken into account. Hon. Lugangira stressed the importance of legislation and regulatory frameworks to remove the grey areas from where hate speech and online violence flow. She also pointed out the need for all stakeholders to come together and called for different ways of engagement and cooperation among stakeholders.
Yohannes Eneyew Ayalew reflected on the profound impact of online hate speech in the context of the war in Northern Ethiopia and on the slow response of social media platforms to prevent the escalation of violence.
Content moderation as pointed out by Catherine Muya should be a remedy to address issues such as hate speech however there was strong support that more needs to be done to address the challenges of online content moderation to ensure it is a practical and effective remedy. Catherine highlighted the lack of transparency and coordination which are directly linked to the failure of tech companies to truly invest in online content moderation and to develop effective measures from adequate training and fair remuneration of online content moderators, more awareness of the tools available for abuse reporting to the development of long term solutions accountability for those responsible and support to victims of online abuse.
Questions and comments from the floor came from different stakeholders, from civil society to government and National human rights institutions and highlighted the different experiences on taxation of digital devices and services in African countries and the impact on accessibility and participation online. They also stressed the crucial need to address online accessibility for all by designing and developing content for people with disabilities. Participants also highlighted the importance of striking the right balance between business and human rights and the role of governments to uphold human rights online as offline and pointed out the barriers that need to be overcome to promote accessibility and inclusion from the physical barriers still preventing access in many communities to the lack of coordination and effective mechanisms or the lack of trust among stakeholders. The lack of access to the Internet and digital services due to national and regional shutdowns, particularly the current situation in Ethiopia Tigray region was another issue brought up during the Q&A discussion with participants and speakers highlighting the importance of a free and open Internet and members of the IRPC SC referring to the Coalition’s Charter of Human Rights and Principles and the importance of Article 1 - The Rights to Access the Internet as an enabler of all digital human rights.
Recommendations
At the end of the session, the panel put forward several recommendations to ensure the full enjoyment of digital human rights:
- A real commitment from all stakeholders to promote access and participation and to ensure digital inclusion. This includes more infrastructure, concerted policies and effective implementation, ensuring digital literacy and content which is accessible to all.
- More engagement and constructive multistakeholder dialogue to develop regulatory frameworks and effective solutions to promote digital inclusion, and to respect and uphold human rights online.
- Online violence must be tackled effectively. Internet shutdowns are an obstacle to a free and open Internet and hinder the full enjoyment of digital human rights. Content moderation can only be an effective remedy if civil society, the technical community, the private sector and governments work together to ensure that any implemented solutions are transparent, sustainable, localised, human-centered and rights-respecting.