Introduction

States’ obligations to uphold and respect rights, including digital rights, are a cornerstone of international law.(1) However, there is growing appreciation in international law and human rights that much of the digital space, and the technology used to access it, is owned, or controlled by multinational companies, giving the private sector unprecedented power to either uphold or infringe on an array of expressive rights. Litigators and activists must now contend not only with state abuses of digital rights but also violations by private actors.

In 2011, the United Nations Special Rapporteur on Freedom of Expression (UNSR on FreeEx) noted that: “Generally, companies have played an extremely positive role in facilitating the exercise of the right to freedom of opinion and expression,” but that “pressure exerted upon them by States, coupled with the fact that their primary motive is to generate profit rather than to respect human rights” creates risks for the private sector to engage in or enable censorship.(2)

In 2021, a subsequent UNSR on FreeEx highlighted the gendered dimensions of these risks, noting that social media companies’ failure to address the proliferation of online gender-based violence, and gender biases in content moderation and other AI-driven processes, have led to the silencing of women’s voices online.(3)

This module grapples with some of the long-term threats to freedom of expression from non-state actors, as well as emergent threats. Alongside a brief overview of relevant topics, it provides practical guidance on how to ensure that fundamental rights and freedoms are respected, protected, and promoted online.