International Bill of Human Rights. 32 Within this broad frame, the document highlights the undergirding role of government in respecting, protecting, and promoting
human rights, along with the complementary responsibility—and opportunity—of
ICT companies to do likewise.
The Principles include a preamble and sections on freedom of expression; privacy;
responsible company decision making; multistakeholder collaboration; and governance, accountability, and transparency. The structure and tone balance lofty statements with more actionable commitments within each of these areas, acknowledging
the elements of aspiration and implementation in the GNI.
While the GNI limits its explicit focus to online expression and privacy, the Principles recognize the interdependence of all human rights. They call out the particularly
important role of expression and privacy in realizing other rights and as guarantors of
human dignity. On the more active side, GNI participants commit to protect expression and privacy rights both generally and in the face of laws and government
demands that seek to undermine them.
They also acknowledge ‘‘narrow’’ but potentially substantial exceptions to the rights
outlined in the ICCPR, including ‘‘actions necessary to preserve national security and
public order, protect public health or morals, or safeguard the rights or reputations of
others,’’ 33 related interpretations issued by international human rights bodies, and the
Johannesburg Principles on National Security, Freedom of Expression, and Access to
Information.
The sections that describe the key elements of the GNI’s approach—including responsible company decision making; multistakeholder collaboration; and governance,
accountability, and transparency—include reference to both higher-level vision and
operational commitments. Companies agree to integrate the Principles within their
mission, decisions, and culture, and to that end, commit to senior-level involvement,
to anticipate risks and opportunities centered on expression and privacy, and to
make best efforts to encourage partners and related businesses to also implement
the Principles. In recognition of the novel challenges associated with ICT, the Principles point to the value of collaborative strategies that reach across sectors, and agree
to engage jointly to advance expression and privacy. The final, and perhaps most
notable, element is the commitment to public transparency and accountability in implementation of the Principles—including independent assessment and evaluation of
compliance.
Implementation Guidelines
While accounting for the limitations of the GNI’s current incipient understanding of
effective strategies and tactics, the Guidelines promise actionable steps for ICT companies that constitute compliance with the Principles and provide an initial framework
for collaboration among participants. Drawing upon collective experience to date,
Protecting Privacy and Expression Online
95
human rights, along with the complementary responsibility—and opportunity—of
ICT companies to do likewise.
The Principles include a preamble and sections on freedom of expression; privacy;
responsible company decision making; multistakeholder collaboration; and governance, accountability, and transparency. The structure and tone balance lofty statements with more actionable commitments within each of these areas, acknowledging
the elements of aspiration and implementation in the GNI.
While the GNI limits its explicit focus to online expression and privacy, the Principles recognize the interdependence of all human rights. They call out the particularly
important role of expression and privacy in realizing other rights and as guarantors of
human dignity. On the more active side, GNI participants commit to protect expression and privacy rights both generally and in the face of laws and government
demands that seek to undermine them.
They also acknowledge ‘‘narrow’’ but potentially substantial exceptions to the rights
outlined in the ICCPR, including ‘‘actions necessary to preserve national security and
public order, protect public health or morals, or safeguard the rights or reputations of
others,’’ 33 related interpretations issued by international human rights bodies, and the
Johannesburg Principles on National Security, Freedom of Expression, and Access to
Information.
The sections that describe the key elements of the GNI’s approach—including responsible company decision making; multistakeholder collaboration; and governance,
accountability, and transparency—include reference to both higher-level vision and
operational commitments. Companies agree to integrate the Principles within their
mission, decisions, and culture, and to that end, commit to senior-level involvement,
to anticipate risks and opportunities centered on expression and privacy, and to
make best efforts to encourage partners and related businesses to also implement
the Principles. In recognition of the novel challenges associated with ICT, the Principles point to the value of collaborative strategies that reach across sectors, and agree
to engage jointly to advance expression and privacy. The final, and perhaps most
notable, element is the commitment to public transparency and accountability in implementation of the Principles—including independent assessment and evaluation of
compliance.
Implementation Guidelines
While accounting for the limitations of the GNI’s current incipient understanding of
effective strategies and tactics, the Guidelines promise actionable steps for ICT companies that constitute compliance with the Principles and provide an initial framework
for collaboration among participants. Drawing upon collective experience to date,
Protecting Privacy and Expression Online
95