SPECIAL COLLECTION OF THE CASE LAW ON FREEDOM OF EXPRESSION 1.3. Obstruction to the right of access to information and to sustainable development In his report to the member States, the UN Secretary-General observed that the “internet has provided access to information for billions, thereby fostering collaboration, connection and sustainable development.”67 The UN Special Rapporteur on the rights to freedom of peaceful assembly and of association also underlined the role of the internet in the sustainable development of nations and in building knowledge societies. Notably, in the 2030 Agenda for Sustainable Development, States committed to “significantly increase access to information and communications technology and strive to provide universal and affordable access to the Internet in least developed countries by 2020.”68 On the contrary, shutdowns exert significant chilling effects that “hold direct implications on participatory democracy, whose existence depends upon an active and informed citizenry capable of engaging with a range of ideas. Those on the margins of society are most impacted by these chilling effects.”69 The High Commissioner for Human Rights reminds that the Sustainable Development Goals reinforce States’ human rights obligations to work towards universally available and accessible internet, free from unjustified restrictions: “In target 9.c of the Goals, States committed to significantly increasing access to information and communications technology and striving to provide universal and affordable access to the Internet in least developed countries by 2020.”70 The Freedom Online Coalition also observed that Internet shutdowns “are inconsistent with the targets of the Sustainable Development Goals, in particular the target to increase access to information and communications technologies.” 71 On numerous occasions, UNESCO has highlighted the key role played by information and communications technologies for culture and development and in its work to build Knowledge Societies rooted in the need for all to have the opportunity to access information and to express ideas and interests in an open and inclusive environment that fosters and benefits from diversity of opinion. The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions provides that its parties “endeavour to support cooperation for sustainable development and poverty reduction, especially in relation to the specific needs of developing countries, in order to foster the emergence of a dynamic cultural sector” by, inter 67 Common Agenda, Report of the Secretary-General, 5 August 2021, A/75/982, Para 92, https://documents-dds-ny.un.org/doc/UNDOC/ GEN/N21/217/01/PDF/N2121701.pdf?OpenElement. 68 Ending Internet shutdowns: a path forward. Report of the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association. Human Rights Council Forty-seventh session 15 June 2021, A/HRC/47/24/Add.2, para 11, https://documents-dds-ny.un.org/doc/ UNDOC/GEN/G21/149/66/PDF/G2114966.pdf?OpenElement. 69 Ending Internet shutdowns: a path forward. Report of the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association. Human Rights Council Forty-seventh session 15 June 2021, A/HRC/47/24/Add.2, para 20, https://documents-dds-ny.un.org/doc/ UNDOC/GEN/G21/149/66/PDF/G2114966.pdf?OpenElement. 70 Internet shutdowns: trends, causes, legal implications and impacts on a range of human rights Report of the Office of the United Nations High Commissioner for Human Rights, 13 May 2022, A/HRC/50/55, Para 4, https://www.ohchr.org/en/documents/thematic-reports/ ahrc5055-internet-shutdowns-trends-causes-legal-implications-and-impacts. 71 “FOC Joint Statement on Freedom of Expression Online Presented at the 47th Session of the United Nations Human Rights Council”, 2 July 2021, https://freedomonlinecoalition.com/wp-content/uploads/2021/07/FOC-Joint-Statement-on-Freedom-of-Expression-Online-Presented-at-the-47th-Session-of-the-United-Nations-Human-Rights-Council.pdf, “FOC Joint Statement on State Sponsored Network Disruptions”, March 2017, https://freedomonlinecoalition.com/wp-content/uploads/2021/06/FOC-Joint-Statement-and-Accompanying-Good-Practices-for-Government-on-State-Sponsored-Network-Disruptions.pdf. 18

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