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Dictating the Internet:
Article 22 – 1. Everyone shall have the right to freedom of association with
others …
2. No restrictions may be placed on the exercise of this right other than
those which are prescribed by law and which are necessary in a democratic
society in the interests of national security or public safety, public order (ordre
public), the protection of public health or morals or the protection of the
rights and freedoms of others. This article shall not prevent the imposition
of lawful restrictions on members of the armed forces and of the police in
their exercise of this right.
Article 25 – Every citizen shall have the right and the opportunity, without
… unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely
chosen representatives.”
While this paper focuses mainly on the rights to free expression,
opinion, information and privacy, it should be stressed that these rights
often concurrently engage the rights to peaceful assembly, freedom of
association and political participation. These linkages are made explicit in
the draft General Comment No. 37 on the right to peaceful assembly under
article 21, currently under discussion by the Human Rights Committee.
It notes that in the digital era, exercise of the right to peaceful assembly
often occurs online or depends on the use of digital services, and that these
activities too are protected under article 21.87
The current draft establishes that State control of access to the
internet, such as restrictions on connectivity, can infringe on the rights to free
expression, association and assembly. Any such restriction should be in line
with the ‘three-part’ test for limiting freedom of expression and information:
“States parties should … refrain from unduly blocking Internet
connectivity in relation to demonstrations. The same applies to geo-targeted
or technology-specific interference or hindering of connectivity. States should
ensure that self-regulation by Internet service providers does not unduly
affect assemblies and that the activities of those providers does not unduly
infringe upon the privacy of assembly participants. Any restriction on the
87
Draft of UN Human Rights Committee, General Comment No. 37 on Article 21: the right to
peaceful assembly (‘Draft GC No. 37’), para 38, Available at: https://www.ohchr.org/EN/HRBodies/
CCPR/Pages/GCArticle21.aspx; The HR Committee commenced its first reading of the draft during
its 126th session in July 2019.