158 Dictating the Internet: Tightly targeted regulation, not heavy-handed viewpoint-based regulation, should be relied upon, focused on ensuring company transparency and remediation to enable the public to make choices about how and whether to engage in online fora; f) States should refrain from imposing disproportionate penalties, such as excessive fines or imprisonment terms, on individuals, internet intermediaries or internet service providers, through content regulation laws or regulations, given their significant chilling effect on free expression online; g) States should refrain from establishing laws, legal frameworks or regulatory models which enable “proactive” monitoring or filtering of content online, which can infringe upon the right to privacy and likely facilitate pre-publication censorship; h) States should publicly publish detailed transparency reports on all content-related requests issued to individuals, internet intermediaries and internet service providers, and involve genuine inputs from the public – including civil society, academics, lawyers, ICT experts and other independent policy advisers or technical experts – in all considerations of appropriate legal frameworks or regulatory models;590 i) States should refrain from comprehensively shutting down the internet. In exceptional circumstances, where they restrict – in a narrow, proportionate and limited manner – access to the internet or online services for a legitimate aim, they should clearly and publicly provide justifications for such limitations and alternative measures for access that will uphold the rights of individuals to free expression, information, security, assembly association, education, health and work, amongst other rights. These recommendations will also assist, and should be undertaken along with, efforts taken by States and ICT companies to respect the right to privacy online, which is also crucially affected when laws, regulations or legal frameworks enable undue restrictions of the rights to free expression, opinion, privacy and information online. 590 (a) to (g) are drawn from the Rapporteur’s report, see A/HRC/38/35, paras 65 to 69.

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