Curtailing Free Expression, Opinion and Information Online in Southeast Asia
II. International law and standards
The international human rights framework governing the rights
to freedom of expression, opinion and information anchors the analysis
in this report of an existing and emerging generation of laws regulating
information and communications technologies (ICT). As will be evident in
this paper, the underlying human rights concerns presented by these laws
are not fundamentally different from those implicated by previous efforts to
suppress offline speech, and in fact merely extend old patterns of violation
to the online sphere.
This section begins by providing a brief overview of those human
rights laws and principles, expressed in article 19 of the UN Declaration of
Human Rights (UDHR) and, as a legal treaty obligation, in article 19 of the
International Covenant on Civil and Political Rights (ICCPR) and customary
international law. It then considers developments at the international level
to address issues that arise in the context of online expression, including
their impacts on the rights to freedom of association and assembly, political
participation and privacy.
This report does not contain a targeted analysis of impacts on the
right to privacy by ICT-regulating laws. Nonetheless, the right to privacy is
crucially engaged and must be considered within this context. This section
thus also provides a summary of the right to privacy as defined under
international law and standards.
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