00:01Freedom of expression is the cornerstone of any democratic society.
00:06It cannot be said that there is a true democracy where the right of all people to
00:11freely seek, receive and disseminate information,
00:14without censorship and without fear of being repressed or punished for it.
00:18We are talking about a fundamental right that also serves to defend other human rights,
00:23such as the rights of minorities or marginalized and discriminated groups.
00:26The emergence of the Internet has meant a huge advance in this regard.
00:30Currently, it is the most powerful instrument for expanding freedom of expression in its dual dimension,
00:35as the right of all people to disseminate ideas and also as the right to seek and receive information of all kinds
00:41guy.
00:42However, freedom of expression is not an absolute right.
00:45In some cases, its exercise may affect other human rights.
00:49The problem, in the case of the Internet, is that the rules governing this medium must be able to protect
00:54all the rights that are at stake
00:55without weakening the democratizing potential of the Internet.
00:59Since we are talking about a decentralized and open medium, achieving this goal is not easy.
01:03It often happens that, in trying to protect other valuable rights,
01:07We run the risk of taking measures that would dramatically limit the positive impact of the network.
01:11It is for this reason that we need criteria and principles to guide us in resolving these conflicts in a
01:17appropriate.
01:17The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights
01:23He prepared a report entitled Freedom of Expression and the Internet,
01:26a document that systematizes the general principles and criteria that should govern how to resolve the
01:32conflicts of rights in the digital sphere
01:33and, in general, issues concerning Internet governance are discussed.
01:36The report is intended to serve as a guide for governments, legislative and regulatory bodies, courts, and society.
01:43civil in general.
01:44Let's see, then, what it says.
01:46First, there are five guiding principles.
01:50Universal access, non-discrimination, pluralism, privacy and net neutrality.
01:55Except for net neutrality, which requires a couple of clarifications, they are all easy to understand.
02:00Universal access as a principle means that states must promote access for all people to
02:05grid.
02:05This involves expanding the internet infrastructure, but also promoting digital literacy.
02:10In other words, to ensure that people, even in the most remote places, know how to use these technologies to exercise their right
02:17to freedom of expression.
02:18Non-discrimination means that states must ensure that neither laws nor social, economic or
02:24cultural barriers establish that limit people's right to use the Internet,
02:28whether for ideological, gender, racial, linguistic or geographical location reasons, among others.
02:33For its part, pluralism as a principle means that any measure that may affect the Internet must be aimed
02:39to ensure that there are more, not fewer,
02:41the people, ideas, opinions and information that are part of the public deliberation through this medium.
02:47Regarding privacy, freedom of expression cannot be fully exercised without the protections it offers.
02:52right.
02:53Therefore, it is necessary to have safeguards in place to ensure that people's private data is protected from intrusions
02:59arbitrary.
03:00Finally, net neutrality is a principle according to which all ones and zeros circulating in
03:05The internet, all information, should be treated the same way.
03:09What kind of treatment would be unfair?
03:11For example, it's possible to make one website load faster than another or simply filter out a certain type of traffic.
03:16information.
03:17Unfortunately, some governments or internet providers take these kinds of measures, affecting end users without their knowledge.
03:23so they can know.
03:24Is that clear? Good, but there's more.
03:26The Special Rapporteur's report also provides criteria and principles for more specific issues.
03:31We don't have time to mention them all, but the following points are worth touching on.
03:351. Filters and blockers.
03:36In principle, neither states nor intermediaries can filter or block internet content.
03:41However, there are very exceptional cases in which a judge or a similar independent authority,
03:47In a transparent and impartial process, they can determine that it is essential to filter specific information.
03:53This can only happen when due process has been followed and it has been demonstrated that the information affects
03:58arbitrary and disproportionate manner to other human rights.
04:022. Intermediaries.
04:03A little context first.
04:05The functioning of the Internet depends on a series of intermediaries that make it possible for the network to operate properly.
04:10This includes companies that provide internet service, but also, among others, the platforms on which
04:15that people publish and find content.
04:17Intermediaries are a more vulnerable target than users when control is exercised over the network.
04:21And that is why we must protect them, to prevent barriers or blockages from forming in the flow of information.
04:26Therefore, intermediaries should not be held responsible for the content they transmit.
04:31It is not them, but the people who generate potentially illegal material who should be prosecuted.
04:36Nor should they be required to monitor the content they help to transmit,
04:40since this would completely eliminate the viability of the services they offer,
04:43and in practice it would be a way to filter or block content on the Internet.
04:47On the other hand, intermediaries must establish clear and transparent service conditions for users
04:52in everything related to freedom of expression and privacy.
04:55And related to this last point, intermediaries must be able to publish the requests they receive
05:00by government agencies for the delivery of data about users.
05:04In cases where intermediaries judge that these requests constitute a violation of human rights,
05:10They must have the possibility of questioning the legality of such requests.
05:13Of course, intermediaries cannot refuse to comply with a court order if they are in a position to do so.
05:193. Copyright
05:21While there is a public interest in protecting these rights,
05:24It is also important to consider the need to promote culture and education.
05:28access to information and, as always, the protection of the Internet as a democratizing medium.
05:33For this reason, measures to protect copyright are considered to be proportionate.
05:37and they cannot affect other content, nor the functioning of the network in general.
05:41If you look closely, this point is a direct consequence of the previous two.
05:45What is currently happening is that intermediaries are frequently held responsible for content that violates the rights of
05:51author
05:51And it also happens that filter or blocking mechanisms are used without first going through an appropriate process.
05:56Neither of these two things should happen, according to the principles of the rapporteurship.
06:014. Cybersecurity
06:03Cybersecurity is understood as the security of critical or essential infrastructure
06:07and user safety. Nothing more.
06:10The reason we must adhere to this definition is that it is a relatively new concept.
06:14And it is important to prevent it from being used to define new crimes that would potentially make internet use illegal, such as
06:20such.
06:215. Surveillance programs
06:24Finally, surveillance programs are legitimate in some very exceptional cases.
06:28But because they have enormous potential to invade and violate privacy and freedom of expression,
06:32They must be carefully designed and implemented and rigorously monitored.
06:36Surveillance should only be applied in exceptional circumstances.
06:40It must always pursue a legitimate aim and must be the response to an objective risk.
06:44specific and serious, but it must also be established that surveillance is essential to avoid that particular risk.
06:51The summary of all the above is that the defense of freedom of expression is intimately linked to growth
06:56from the Internet.
06:57There are many cases in which it is necessary to limit the right to freedom of expression in order to protect
07:01other human rights,
07:02But in all these cases it is essential that we be extremely careful.
07:07This includes following due process and avoiding large-scale measures as much as possible.
07:11It is these kinds of decisions that put the open and free development of the network at risk.
07:15Although this may not always be the most practical, it is certainly what best serves the public interest.
07:20Thanks for watching the video.
