Technology in International Human Rights Law
Debate - 60 Min
The lack of compliance of private tech companies and states with human rights obligations online propels effects of online violence, discrimination, and disinformation on democratic institutions, human rights and the rule of law. There is increasing evidence of the configuration of a more hostile communicative environment towards traditionally discriminated groups and a more polarized and distorted debate towards voices of reference to democracy (academia, journalism, public health, among others). In this context, regulatory proposals emerge globally. While there are complex systems that try to address issues of competition, data protection, interoperability, transparency and due diligence in the public sphere among them, are concerns around fragmentation of the internet, side effects on freedom of expression and privacy and effectiveness of relying solely on regulatory practices arise. Furthermore, in many jurisdictions in Latin America and the Caribbean region and around the world, the regulatory debate is still incipient or even absent. In view of this, soft law principles and rules of international human rights law have been especially relevant to guide alternative frameworks to protect human rights in the online public debate. Responses to the deterioration of the public debate on the internet presented in Europe, in the Americas and in the UN system include digital and information literacy and counter-speech incentives, self-regulatory measures of social media councils and judicial decisions to hold political leaders liable for their speech. However, the discussion on international, regional and national standards in this theme needs to advance in order to fill in the gaps left by the regulatory debate. In this session, the experiences of the inter-American human rights system and the UN Digital compact on the protection of freedom of expression, privacy, dignity, equality and non-discrimination will be explored as part of the contents of IACHR Report on Digital Inclusion and Appropriation and Content Governance, which is in the final comments phase to be published. Moreover, a comparative law approach from different regions will be put in place, including decisions from the European Court of Human Rights and the Colombian Constitutional Court, as representative of an approach from the Americas. This topic promises to integrate the legal, technological and social considerations that are intimately embedded in human rights and freedoms in the Internet. The IACHR Report on Digital Inclusion and Appropriation and Content Governance will be sent later as the proposed paper since it is in the final review stage and it is not public yet.
Interaction between attendees and speakers will be facilitated by both an onsite moderator and an online moderator who will be coordinated to allow the dialogue between both spaces. During the public 15-minute Q&A section, the digital moderator will take the questions via chat from the online attendees and will formulate them for the panelists, while the onsite moderator will do the same with the questions from the onsite attendees. Initially, 5 minutes will be reserved for the online audience, as they will be participating via chat, and the last 10 minutes for the onsite audience. The timing will be calibrated according to the level of participation of each attendee modality.
🔒Inter-American Commision on Human Rights
Pedro Vaca, Special Rapporteurship for Freedom of Expression of the IACHR (OAS), Intergovernmental Organization/ treaty-based international organizations, Americas/Latin America Anna Karin Eneström, permanent representative of Sweden in the United Nations and co-facilitator of the Global Digital Compact, Intergovernmental Organization/ treaty-based international organizations, Europe María Elósegui, judge at the European Court of Human Rights, Europe. Jonathan Bock Ruíz, Director of the Foundation for the Freedom of the Press (FLIP), Civil Society, Latin America Agustina del Campo, Director at the Center for Studies on Freedom of Expression and Access to Information (CELE) at Universidad de Palermo, Civil society, Latin America. Juliana Fonteles da Silveira, Special Rapporteurship for Freedom of Expression of the IACHR (OAS), Intergovernmental Organization/ treaty-based international organizations, Americas/Latin America
Pedro Vaca, Special Rapporteurship for Freedom of Expression of the IACHR (OAS), Intergovernmental Organization/ treaty-based international organizations, Americas/Latin America Anna Karin Eneström, permanent representative of Sweden in the United Nations and co-facilitator of the Global Digital Compact, Intergovernmental Organization/ treaty-based international organizations, Europe María Elósegui, judge at the European Court of Human Rights, Europe.
Jonathan Bock Ruíz
Agustina del Campo
Juliana Fonteles da Silveira
Targets: The deterioration of the digital public debate is a global reality. The volume and speed of disinformation, discrimination, and violence grow in digital spaces affecting our capacities as democratic societies to dialogue and generate rights-respectful agreements for all. The discussion is inserted in the major debate on the full potential of Information and Communication Technologies to foster inclusion, education, dignity and non-discrimination, access to information and other social rights and, therefore, to empower women and vulnerable people's participation in the public debate, as well as promote social justice through digital inclusion. Accountability, oversight, and liability of state and private actors in their engagement and dominance over communication and information are key to achieving those goals. Moreover, the panel plans to delve into the obligations of key actors in the digital platform ecosystem in order to advance the protection of discriminated and dissenting voices as well as the protection of the rule of law and the quality of the public debate as a means to contribute to a safe communication environment in the digital sphere, where major political and social decisions are made. As digital platforms became the central arena to discuss policies and pressing concerns of society, guaranteeing a free, open, safe and equal internet and flow of information online enables the protection of fairness, equality and development.