[Media Caucus] UNHR note and Tharoor's speech

[t.naughton at iafrica.com]

George and anyone else who could not access the speech and note which were in Adobe
Acrobat. Here they are pasted in and plain.

best

Tracey Naughton 

Page 1 of 4
1. Introduction:
Dear Mr. Chairman,
I am most grateful to have an opportunity to address this distinguished
Committee on the subject of science and technology for development.
Let me start out by pointing out that not everybody is a supporter of
technology. The Swiss writer and playwright Max Frisch, for example,
dismissed technology as ìthe art of arranging the world so that we need not
experience itî.
However, most of us in this town do not share Mr. Frischís perspective,
perhaps because we come from a later generation; one that has seen the
benefits that technology can bring. I do believe that humankind cannot
live by technology alone, but I am also conscious that the ICT revolution
has ñ to use the language of the computer age ñ ìupgradedî the lives of
millions of people.
Information and communication technology is not an end in itself, but is a
means of supplying and presenting information and content. It is an
efficient medium to promote learning, increase knowledge, and create
awareness of rights, freedoms, as well as development imperatives.
Technology has become a tremendous force for sharing experience ñ for
integrating people and nations into a global economy that has the potential
to benefit everyone. Timely access to news and information can promote
trade, education, employment, health and wealth.
That said, we are all aware that ñ like any revolutionary development ñ
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there are problems, notably that too many of the worldís people remain
untouched by this revolution. I have had the occasion to remark elsewhere
(in your presence, Mr. Chairman) that the information revolution, unlike
the French Revolution, has a lot of libertÈ, some fraternitÈ, and no
ÈgalitÈ. And we must find ways to address these problems.
The World Summit on the Information Society will be the first time that
issues such as the role of communications in promoting development, and the
challenges of cybersecurity, "spam", Internet governance and freedom of
expression in the information age will be raised for global discussion and
action at the highest governmental levels, with the participation of all
those who have a stake in the outcome.
2. Press Freedom:
But WSIS is a vast subject, and I have come before you today, in my
capacity as the United Nations Secretariatís senior official responsible
for public information, to focus on one aspect of its work. And that is to
ask you to support a principle that is already well enshrined in
international instruments, and is essential to the media ñ press freedom.
Press freedom, including its application to new technologies, will be in
the spotlight at the WSIS. UN Secretary-General Kofi Annan has expressed
his confidence that the Summit will reaffirm the universality of press
freedom through all media, as envisioned in Article 19 of the Universal
Declaration of Human Rights. I want to ask you to ensure that it does.
There can be little argument that access to information and freedom go
together. The information revolution is inconceivable without political
freedom. And the spread of information has already had a direct impact on
global competitiveness. It also has an impact on the accountability and
transparency of governments around the world ñ and thus on their
effectiveness.
It is in the best interests of their citizens to live in a State that is
free, that is economically competitive and that has an effective
government. It is therefore in the best interests of governments to resist
the temptation to control and censor information. Prosperous countries can
play an additional role to support press freedom ñ by promoting greater,
freer and fairer access to information technology for developing countries,
by helping them to improve their information infrastructure, and by sharing
technological advances with them. This is a point that has effectively
been made by many developing country democracies in the preparatory process
in Geneva.
While the main players at the Summit will be governments, there has been
strong involvement and input from civil society, the private sector and the
media during the preparatory phase. Reports on the most important subjects
for debate have been (appropriately enough) posted on the Summit website,
increasing the transparency of the negotiations, and providing fuel for
debate by non-governmental organizations.
But I have to share with you my concern that many in the press see this
process as involving an attempt to pull back from what has already been
achieved on press freedom. And the way the press focuses on the issue will
inevitably help shape the worldís perception of the success of the Summit.
So the final documents that emerge from the Summit should reaffirm the
universality of the freedom of the press in all media ñ including the
Internet. There is, I believe, nothing new in such an assertion. Freedom
of expression and the freedom to communicate are already assured in Article
19 of the Universal Declaration of Human Rights, which reads: ìEveryone has
the right to freedom of opinion and expression; this right includes freedom
to hold opinions without interference and to seek, receive and impart
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information and ideas through any media and regardless of frontiersî.
Member States of the United Nations have reaffirmed that this right applies
to freedom of the press in a series of international declarations. The
landmark Windhoek Declaration of 3 May 1991 opens with the words
ìConsistent with article 19 of the Universal Declaration of Human Rights,
the establishment, maintenance and fostering of an independent, pluralistic
and free press is essential to the development and maintenance of democracy
in a nation, and for economic developmentî. This was our African event,
and the General Assembly welcomed this declaration, honouring the 3rd of
May, the day of its adoption, as World Press Freedom Day, an annual event
commemorated here which you, Mr. Chairman, have addressed. The 1997
Declaration of Sofia actually goes one step further, stating that ìaccess
to, and the use of Ö new media should be afforded the same freedom of
expression protections as traditional mediaî.
At the World Summit, States will be asked to reaffirm these principles:
principles that they have already proclaimed in the five regional
declarations on independent and pluralistic media.
It is quite clear that the free flow of information is in the interests of
all countries. Restraints on the flow of information directly undermine
economic well-being. Global interdependence means that those who can
receive and disseminate information freely have an edge over those who do
not. The ability to receive, download and send information through
electronic networks, and the capacity to share information, have become
crucial to the health of economies and civil societies.
I am confident that Member States attending WSIS will abide by the
commitments they have made many times in the past, will acknowledge that
press freedom is in the interests of all people, will recognize the media
as a fellow stakeholder in the effort to use information technologies to
improve the world, and will acknowledge that the media can ñ when not
excessively fettered ñ make a major contribution to bridging the digital
divide.
Please understand that I am not advocating anarchy ñ press freedom does not
mean giving carte blanche for the dissemination and promotion of any and
every idea, product or cause. In every country, the law imposes certain
limits on the press in order to protect the right to privacy and to prevent
abuse of media by criminals and terrorist groups. As an American Supreme
Court Justice famously put it, ìFreedom of expression does not include the
right to falsely shout ëFireí in a crowded theaterî.
It is only logical that these boundaries ñ envisaged under Article 29 of
the Universal Declaration of Human Rights and already in place for
ìtraditionalî media ñ be extended to the Internet. Action has been taken
by some governments to shut down Internet sites that peddle child
pornography, or that promote anti-Semitism, Islamophobia and racial hatred.
These measures fall under national penal law, and are not ñ in a national
context ñ viewed as a threat to freedom of speech.
What the media are asking, and what I too (as a citizen of a developing
country which protects press freedom) believe is important, is that we must
be very careful not to sanction extensions to such restrictions. The
challenge faced by the representatives of Member States at WSIS will be to
find ways to ensure that the essence of Article 19 of the Universal
Declaration ñ and the benefits that accrue from a free press and from free
access to information ñ are not sacrificed to meet the challenges that
international communication pose to reasonable national restrictions.
To promote press freedom, and to engage the media in the dialogue about the
development of the information society, the UN Department of Public
Information, the European Broadcasting Union and Switzerland will hold a
World Electronic Media Forum as a parallel event to the intergovernmental
Summit, from 9 to 11 December. The Forum will bring together media
executives and practitioners from developed and developing countries, as
well as policy makers and UN officials, to discuss the role of the
electronic media.
Multiculturalism is the other side of press freedom. What is the point,
some ask, of having press freedom in a poor country if there are no
resources to exercise this freedom? All components of the information
society, especially in developing countries, should have the means,
resources and infrastructure to create and spread original content, in
harmony with their cultural identity, and utilizing their own language. We
have spent much of the 20th century, in the words of US President Wilson,
making the world safe for democracy. We must spend some of the 21st
century making the world safe for diversity.
The Summit should help foster the creation of domestic content in line with
the local culture. Cultural diversity and pluralism are essential to an
inclusive information society. The two concepts ñ diversity of content and
press freedom ñ can and need to go together.
The Information Society must allow for two-way communication between
different peoples and societies, so that traditional knowledge, wisdom and
practices become part of the global exchange.
As the World Summit approaches, please let me assure you that United
Nations Secretariat and particularly its Department of Public Information
stands ready to work closely with you to make the Summit ñ and our wider
efforts to build an inclusive global information society ñ a success. #

UNHRC Note
Background Note on the Information Society and Human Rights
October 2003
Introduction
The Information Society of the twenty-first century is rapidly developing, at such
a speed and with such profound changes to society and people’s lives that one can speak
of a true revolution. Telecommunication, broadcasting multimedia and information and
communication technologies (ICTs) enable the development of new products and
services, but also have enormous impact on various aspects of social life, such as
education, health, media, public services and commerce. ICTs have been rapidly
changing contemporary society and community life. On the other hand, the majority of
the world’s population has no access at all to ICTs or the benefits of the Information
Society.
In response to these developments, the United Nations General Assembly
mandated in its resolution 56/183 the organizing of the World Summit on the
Information Society. In this resolution, it recognized the urgent need to harness the
potential of technology for promoting the goals of the United Nations Millennium
Declaration and to find effective and innovative ways to put this potential at the service
of development for all. It also mentioned the need to build commitment to promote the
access of all countries to information, knowledge and communication technologies for
development so that they can benefit from the ICT revolution, and to address relevant
issues related to the information society.
Role of human rights in the Information Society
Information and communication technologies (ICTs), are critical tools for the
attainment of a more peaceful, prosperous and just world. However, because of the
neutrality of technology, these ICTs also have the potential to perpetuate inequalities
and
to adversely affect promotion and protection of human rights. In order to ensure that the
Information Society benefits all, it is essential that human rights are firmly placed
among
its guiding principles.
The human rights standards developed on the basis of the United Nations
Charter and the Universal Declaration of Human Rights constitute a set of internationally
adopted norms, relevant to all spheres of life, including the Information Society. A
number of key human rights treaties set legal standards for States parties for the
promotion and protection of human rights: the International Covenant on Economic,
Social and Cultural Rights, the International Covenant on Civil and Political Rights, the
International Convention on the Elimination of All Forms of Racial Discrimination, the
Convention on the Elimination of All Forms of Discrimination against Women, the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and
Punishment, the Convention on the Rights of the Child and the International
Convention on the Protection of the Rights of Migrant Workers and Members of their
Families. All of these treaties contain specific sets of articles which stipulate rights
that
are directly affected by the dramatic advances in telecommunications, broadcasting and
other forms of ICTs.
What is a human rights approach?
A human rights approach to the Information Society places the promotion and
protection of human rights among the raisons-d'être of the Information Society. Thus, a
human rights approach views ICTs not only as a means of exchanging and disseminating
information, but as a tool to improve the enjoyment of human rights such as the
freedom of expression, the right to education, the right to health, the right to food and
other rights, seeking universal access by all to information and services. The human
rights approach seeks to bring individuals and communities, particularly the
disadvantaged, vulnerable and socially excluded, squarely into the Information Society,
upholding the principles of non-discrimination, participation and accountability. Finally,
a human rights approach protects individuals and communities against the transgressions
of the right to privacy, restriction and control of rights and freedoms, and against
excesses of the Information Society - in particular by promoting protections against hate
and racist messages, child pornography and other abuses of human dignity.
Which human rights in particular?
Development of an equitable, participatory, democratic Information Society which
benefits all requires the respect of all internationally recognized human rights and
fundamental freedoms. Certain international human rights listed below deserve special
attention:
• Article 19 of the Universal Declaration of Human Rights (UDHR): Freedom of expression
and
right to seek, receive and impart information: This right is particularly important in the
Information Society since it forms the necessary condition for the realization of
other internationally recognized human rights. The human right mentioned under
article 19 of UDHR includes “freedom to hold opinions without interference and to
seek, receive and impart information and ideas through any media and regardless of
frontiers.” Furthermore, the right to access information would also entail the
availability of adequate tools to access information, and has implications for the
sharing of knowledge as well. The Special Rapporteur on freedom of opinion and
expression wrote in his 1995 report that “freedom will be bereft of all effectiveness if
the people have no access to information. Access to information is basic to the
democratic way of life.” (E/CN.4/1995/32, par.35).
This right has taken a new meaning and importance with the arrival of new ICTs and
Internet capabilities. While under article 29, paragraph 2 of UDHR, a State may impose
certain limitations by law of rights and freedoms for the sake of morality, public
order and the general welfare, these may not put in jeopardy the right itself.
Identifying and monitoring permissible limitations to the right to freedom of opinion
and expression at the international level helps to protect the exercise of these rights
against possible abusive restrictions at the national level.
• Article 7 UDHR: prohibition of discrimination: Article 7 of the UDHR prohibits
discrimination on the basis of race, colour, sex, language, religion, political or other
opinion, national or social origin, property and birth. States have a duty not only to
prohibit discrimination in laws and regulations, but also to take positive measures to
guarantee to all persons equal and effective protection against discrimination,
including through the prohibition of any incitement to discrimination. Two
manifestations of discrimination are relevant to the Information Society. The first
relates to discrimination in Internet content. In many instances, websites promote
racial or religious hatred, as well as gender bias – including highly abusive content
relating to women. This is a topic which deserves careful attention. It involves a
complex and sensitive question of balance between the responsibility of the State to
prohibit discrimination and the guarantee of the freedom of expression. In this
regard, the roles of the State and the private sector need to be be carefully examined
and clarified. The second issue relates to discrimination in access to ICTs. In this
respect, the prohibition on discrimination sometimes requires States to take positive
action to reduce or avoid discrimination. In particular, vulnerable and marginalized
groups also require particular attention, as public policies may impose effective bars
to equal access to the enjoyment of the Information Society. Finally, it is also
important to note that the Internet provides a powerful tool to fight discrimination
in society.
• Article 12 UDHR: the right to privacy: It is crucial that the right to privacy is
protected
within the Information Society. Measures need to be placed against unauthorized
intrusion of privacy through new and powerful systems of surveillance and personal
data collection using ICTs.
Article 27 UDHR: Intellectual property rights: the Universal Declaration of Human
Rights recognizes that everyone has the right to the protection of the moral and
material interests resulting from any scientific, literary or artistic production of which
he or she is the author. However, this right must be balanced with the right of
everyone to participate freely in cultural life and to share scientific advances and its
benefits. It will be important to strengthen protection against unfair use of
indigenous knowledge over the Internet.
• Article 25, paragraph 1 UDHR: the right to a standard of living, adequate for the health
and
well-being of himself and of his family: The realization of this right in the Information
Society will ensure that knowledge and information on improvements in areas such
as health care, water, environment, housing, and sanitation reaches people through
the use of ICTs. It also implies that no one should be denied benefits the
Information Society offers on the basis of the participatory and democratic nature of
the Information Society.
• Article 26 UDHR: the right to education: ICTs have significant potential for the
realization of the right to education, especially with regard to distance learning,
within and beyond national borders, and for people in remote and rural areas, and
for the empowerment of disadvantaged groups, girls and women. In realizing this
right, ICTs may also facilitate networking among individuals and organizations
involved in human rights education; make it easier to share information on
successful programmes and practices; and provide access to the many human rights
education resources available on the Internet..
Specific policy issues
As indicated, the Information Society will, for better or worse, have a dramatic
impact on the enjoyment of human rights for all. It is up to officials and civil society
to
ensure that impact is positive, and is informed by human rights norms. In this respect,
there are several issue areas in which this relationship between information and
communications technology and human rights is particularly important. They include:
• Development Human rights principles are relevant in addressing development
issues in the Information Society. It is important to uphold such principles by
ensuring that benefits of the Information Society are equitably extended, especially to
people in developing countries or countries in economic transition. ICTs can
accelerate the attainment of internationally agreed development goals, such as
achieving access to health care and education for people living in rural areas.
• Democracy and rule of law ICTs have the potential to make government more
accessible, to make decision making processes more open and to reduce the distance
between authorities and individuals as well as to provide the means for people with
similar claims to group together and organize. This helps promote the right to take
part in the conduct of public affairs - the basis of a democratic Information Society.
• Cultural and linguistic diversity The Information Society is characterized by a
“content divide” between developed and developing countries, with an underrepresentation
of local languages, local contents, and local cultures. ICTs can
advance cultural diversity and multilingualism through the creation and
dissemination of local contents and cultures.
• Vulnerable groups To promote the human rights objectives of participation, social
inclusion and empowerment in the Information Society, particular attention must be
paid to the marginalized and vulnerable, including migrants, refugees, unemployed,
children (especially to the issues of the sale of children and child pornography),
people with disabilities, the elderly, and people living in rural areas.
• Trade liberalization While international trade agreements can help promote access
to ICTs, this will not happen a matter of course. Much depends on the extent to
which trade policies are linked to the promotion and protection of human rights.
For example, trade and investment liberalization that increase Internet connections
for one section of the population but not for others might increase inequalities
within and between societies. A human rights approach to the Information Society
promotes fair trade coupled with effective international cooperation and regulation
at the national level so that the benefits of access to ICTs may be shared by all,
including the marginalized, socially excluded, vulnerable, disadvantaged and the
poor.
• Role of private sector Private sector involvement and activities in developing the
Information Society can take place in the framework of the UN Global Compact. A
socially responsible private sector can help realize an Information Society that
respects human
rights.

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