11/18/2019 OHCHR | Governments and Internet companies fail to meet challenges of online hate – UN expert

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Governments and Internet companies fail to meet challenges of online hate

– UN expert

NEW YORK (21 October 2019) – In a landmark report that reinforces legal standards to combat online
hate, the UN’s monitor for freedom of expression calls on governments and companies to move away
from standardless policies and inconsistent enforcement, and to align their laws and practices against
‘hate speech’ with international human rights law.

“The prevalence of online hate poses challenges to everyone, first and foremost the marginalised
individuals who are its principal targets,” said David Kaye, the UN Special Rapporteur on freedom of
opinion and expression, in the report to be presented to the UN General Assembly today.
“Unfortunately, States and companies are failing to prevent ‘hate speech’ from becoming the next
‘fake news’, an ambiguous and politicised term subject to governmental abuse and company
discretion.

“Online hate is no less harmful because it is online,” the Special Rapporteur said. “To the contrary,
online hate, with the speed and reach of its dissemination, can incite grave offline harm and nearly
always aims to silence others. The question is not whether to address such abuse. It is how to do so in
a way that respects the rights everyone enjoys.”

In the report, Kaye urges that States meet their obligations by turning to key human rights treaties
and the leading interpretations of human rights law by the Human Rights Committee and the 2013
Rabat Plan of Action. He expresses particular concern about governments that use ‘hate speech’ to
restrict legitimate expression under the guise of ‘blasphemy’ or fail to define and enforce ‘hate speech’
rules according to human rights law’s rigorous standards of legality, necessity and proportionality, and
legitimacy.

“Governments and the public have legitimate concerns about online hate,” the Special Rapporteur
added, “but new laws that impose liability on companies are failing basic standards, increasing the
power of those same private actors over public norms, and risk undermining free expression and
public accountability.

“Companies likewise are not taking seriously their responsibilities to respect human rights,” he said. “It
is on their platforms where hateful content spreads, spurred on by a business model and algorithmic
tools that value attention and virality. They have massive impact on human rights and yet all fail to
articulate policies rooted in human rights law, as the UN Guiding Principles on Business and Human
Rights call upon them to do.”

Kaye’s report provides companies with a roadmap for tackling online hate according to basic principles
of human rights law. It especially highlights the absence of human rights impact assessments at all
stages of product development, the vagueness of company rules, and the lack of transparency of
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25174&LangID=E 1/2
11/18/2019 OHCHR | Governments and Internet companies fail to meet challenges of online hate – UN expert

company processes.

“The human rights community has had a long-term conversation with social media and other
companies in the Internet economy,” the Special Rapporteur said, “and yet the companies remain
stubbornly committed to policies that fail to articulate their actions according to basic norms of human
rights law, from freedom of expression and privacy to prohibitions of discrimination, incitement to
violence, and promotion of public participation.

“The companies’ failure to recognise their power and impact, and to value shareholders over public
interest, must end immediately,” Kaye said. “This report gives the companies the tools to change
course.”

An advance version of the report is available at the mandate’s website here. A livestream of the
presentation will be accessible at http://webtv.un.org/ starting at 3 p.m. EST today.

ENDS

(*) The UN expert is Mr. David Kaye (USA), Special Rapporteur on the promotion and protection of
the right to freedom of opinion and expression.

The Special Rapporteurs and Working Groups are part of what is known as the Special Procedures of
the Human Rights Council. Special Procedures, the largest body of independent experts in the UN
Human Rights system, is the general name of the Council’s independent fact-finding and monitoring
mechanisms that address either specific country situations or thematic issues in all parts of the world.
Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a
salary for their work. They are independent from any government or organisation and serve in their
individual capacity.

For more information and media requests, please write to freedex@ohchr.org

For media inquiries related to other UN independent experts please contact: Mr. Jeremy
Laurence (+41 22 917 9383 / jlaurence@ohchr.org)

Follow news related to the UN’s independent human rights experts on Twitter @UN_SPExperts.

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