UN Report a wake-up call

A recent report to the UN holds “cutting off users from Internet access, regardless of the justification provided, including on the grounds of violating intellectual property rights law, to be disproportionate and thus a violation of article 19, paragraph 3, of the International Covenant on Civil and Political Rights.” This strengthens our opposition to the recent law changes that allows the NZ Government to introduce Internet account termination as a penalty for infringing copyright via file sharing.

Released after the 17th session of the United Nations' Human Rights Council, the 22 page (pdf) Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression is by Mr. Frank La Rue. He says “By vastly expanding the capacity of individuals to enjoy their right to freedom of opinion and expression, which is an “enabler” of other human rights, the Internet boosts economic, social and political development, and contributes to the progress of humankind as a whole.”

The Report says that “the Internet has become a key means by which individuals can exercise their right to freedom of opinion and expression, as guaranteed by article 19... the framework of international human rights law remains relevant today and equally applicable to new communication technologies such as the Internet... by acting as a catalyst for individuals to exercise their right to freedom of opinion and expression, the Internet also facilitates the realization of a range of other human rights.”

The Special Rapporteur “is alarmed by proposals to disconnect users from Internet access if they violate intellectual property rights... In particular, the Special Rapporteur urges States to repeal or amend existing intellectual copyright laws which permit users to be disconnected from Internet access, and to refrain from adopting such laws.”

►  Couldn’t be any clearer. Sections 122O, 122P, and 122PA put in by the Copyright (Infringing File Sharing) Amendment Act needs to go.

Internet access

In relation to providing Internet access, the Report says “Each State should thus develop a concrete and effective policy, in consultation with individuals from all sections of society, including the private sector and relevant Government ministries, to make the Internet widely available, accessible and affordable to all segments of population.”

As the Association for Progressive Communications says, “access is a critical building block of exercising the rights to freedom of expression and freedom of association. We reiterate that access is a multi-faceted concept, including not only physical access to the internet but also access in local languages, accessibility for disabled persons and access to locally produced content.”

►  New Zealand still has work to do on that score.

Internet intermediaries

In relation to Internet intermediaries, which is particularly relevant to the Government’s move to introduce criminal liability on ISPs for breach of name suppression orders by their customers, the Report says, “Intermediaries play a fundamental role in enabling Internet users to enjoy their right to freedom of expression and access to information... Any requests submitted to intermediaries to prevent access to certain content, or to disclose private information for strictly limited purposes such as administration of criminal justice, should be done through an order issued by a court or a competent body which is independent of any political, commercial or other unwarranted influences.”

►  The Government must stop section 216 of the Criminal Procedure (Reform and Modernisation) Bill becoming law.

Takeaway

The UN Report highlights how recent law changes by the NZ Government are beginning to threaten our high ground of Internet openness and protecting human rights. This is a slippery slope. If we don’t act now, future generations will question why we were complacently asleep at the wheel.

Bonus links:

1. The global movement to develop a Charter of Human Rights and Principles for the Internet

2. Video of Public Lecture by InternetNZ Research Fellow in Cyberlaw, Jonathon Penney about section 14 of the NZ Bill of Rights Act (freedom of expression), corresponding to article 19 of the International Covenant on Civil and Political Rights - 1 July 2010

3. Human Rights Commission and InternetNZ Report on Human Rights and the Internet Roundtable - 21 July 2010