Curtailing Free Expression, Opinion and Information Online in Southeast Asia cyberspace, but the manner in which effective enforcement can be ensured. In a lecture delivered in September 2017, Professor Yuval Shany, now Chair of the UN Human Rights Committee, wondered if a specialized framework needed to be developed for the internet – lex cybernetica – guided by ‘traditional’ international human rights law. As he keenly observed: “The chief attribute that makes cyberspace such a useful and powerful vehicle for communication and access to data and ideas … is its universality: It is a space shared by all and freely accessible to all under more or less equal terms pursuant to the net neutrality principle. An IHRL framework that requires states to renationalize segments of cyberspace and to fragment it to overlapping territorial zones of influence and regulation, cuts against the logic of creating such a space, and may result in ‘throwing the baby with the bath water’”.86 While the effectiveness of international legal enforcement mechanisms, such as the GDPR and Convention 108+, remains to be assessed there is no doubt that extraterritorial obligations to protect human rights extend to States and non-State actors equally online as offline under international human rights law. viii. The rights to peaceful assembly, freedom of association, and political participation The rights to freedom of association, assembly, and political participation are also engaged when individuals engage in online communications and information-sharing. These rights are protected respectively under articles 21, 22 and 25 of the ICCPR. The ICCPR provides for no restrictions to be placed on these rights unless necessary and proportionate for a legitimate aim: “Article 21 – The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the 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. 86 Prof. Yuval Shany, ‘Cyberspace: The Final Frontier of Extra-Territoriality in Human Rights Law’, 26 September 2017, Available at: https://csrcl.huji.ac.il/people/cyberspace-final-frontier-extraterritoriality-human-rights-law 31

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