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25 September 2013Book page
1 Background and context
The Internet has been in existence since the 1960s, and the World Wide Web since the 1990s. [1] Cyberspace, however, remains a relatively new terrain in terms of the questions it raises about human rights and responsibilities. The International Telecommunication Union estimates that almost 40% of the world‘s population, and over 76% of people in developed countries, are now internet users. … -
25 September 2013Book page
2 Scope of this paper
This paper is intended to contribute to discussion; it is not intended to comprehensively or conclusively cover all issues surrounding human rights in cyberspace. The Australian Human Rights Commission (Commission) has worked and continues to working on a range of human rights issues connected with the Internet, including access and accessibility for people with disability access and online… -
25 September 2013Book page
3 Freedom of expression and the Internet
The Internet has opened up new possibilities for the realisation of the right to freedom of expression. This is due to the Internet’s unique characteristics, including ‘its speed, worldwide reach and relative anonymity’. [9] These distinctive features have enabled individuals to use the Internet to disseminate information in ‘real time’, and to mobilise people. [10] The United Nations… -
25 September 2013Book page
4 Permissible limitations of the ICCPR right to freedom of expression
As noted above, article 19(3) of the ICCPR permits limitations on the rights recognised in article 19(2), but those limitations must be: (1) provided by law and (2) necessary for respect of the rights or reputations of others, for the protection of national security, public order, or public health or morals. The HRC in its General Comment 34 has emphasised that: when a State party imposes -
25 September 2013Book page
6 Some regulatory challenges
The challenge of finding the appropriate balance between rights is not one which is specific to the Internet.It is difficult to know if Australian laws that limit freedom of expression in the interests of other rights, or on other permissible grounds, have ‘drawn the line’ appropriately without a comprehensive review of such laws. In New Zealand, a legislative review undertaken by the New… -
25 September 2013Book page
7 Are current regulatory responses sufficient and appropriate?
Current federal anti-discrimination laws would generally apply to cyberspace to the extent that discriminatory behaviour (or harassment) online relates to a protected attribute, and could be said to have occurred in one of the stipulated areas of ‘public’ life. This is particularly clear in relation to the prohibition on sexual harassment under the Sex Discrimination Act 1984 (Cth) (SDA), as… -
25 September 2013Book page
8 A right to access the Internet
While there appears to be no express right of general application to ‘access cyberspace/the Internet’ stipulated in any of the major international human rights instruments, [210] it has been argued at the international level that such access is critical, particularly in terms of the right to freedom of expression, and in the redressing of structural disadvantage. Accordingly a number of… -
25 September 2013Book page
9 Conclusion
It is clear that the Internet provides unparalleled opportunities for the promotion and advancement of human rights, most centrally the right to seek, receive and impart information. The Special Rapporteur on that right has described the Internet as ‘one of the most powerful instruments of the 21st century for increasing transparency in the conduct of the powerful, access to information, and… -
25 September 2013Book page
10 Questions for discussion
There are two broad challenges regarding human rights and use of the Internet which emerge from the discussion in this paper, namely: How do we as a society achieve an appropriate balance between competing rights in an online environment? What steps should be taken to address discrimination in terms of the ability of certain groups to access (and safely utilise) the Internet? 10.1 Addressing… -
25 September 2013Book page
11 Further information
As mentioned above, the Commission has worked and continues to work on a range of human rights issues connected with the Internet. Further information can be found on the Commission’s webpage ‘Human rights and the Internet’, at http://www.humanrights.gov.au/human-rights-and-internet. This includes links to the Commission’s work relating to: access and accessibility for people with disability… -
Children's Rights
25 September 2013SpeechBullying, Young People and the Law
A speech by Megan Mitchell, Children's Commissioner. Research shows that 27 per cent of young people report they are bullied every two weeks or more, and about 1 in 10 Australian people experience cyber bullying on a regular basis. -
Children's Rights
20 September 2013Speech
Listening to children and young people from refugee backgrounds
Refugee Youth In Focus:National Forum on young people from refugee backgrounds CHECK AGAINST DELIVERY Acknowledgments Thank you, Carmel. I would like to thank Carmel, Nadine Liddy, and the Multicultural Youth Advocacy Network (MYAN) Australia for inviting me to speak at as part of the plenary session today. I am delighted to be part of the forum and look forward to hearing about the key… -
Children's Rights
20 September 2013Speech
Strings, sealing wax and other fancy stuff
ACECQA NQF Conference Sydney Convention and Exhibition Centre 13 September 2013 CHECK AGAINST DELIVERY 1. Acknowledgments Slide 1 – Introduction I would like to acknowledge and pay my respects to the Traditional Owners of the land we meet on today – the Gadigal people of the Eora Nation, and pay respect to their elders both past and present. It is on their lands that the Sydney Convention… -
Children's Rights
20 September 2013Speech
Address to the Annual Coalition Meeting
Families Australia Annual Coalition Meeting CHECK AGAINST DELIVERY Time of event: 8:30am Time of speech: 10:15-10:40amChair: Brian BabingtonOther speakers: No other speakers – keynoteLength of speech: 30 minutesContact on the day: Stella Conroy 0422 384 000 1. Acknowledgments Slide 1 – Opening It’s a great pleasure to address you today and I’d like to thank Brian Babington and Families… -
Disability Rights
20 September 2013SpeechCommittee on the Rights of Persons with Disabilities - Closing Statement
Committee on the Rights of Persons with Disabilities, 10th Session, Australia - Commissioner Innes, Closing Statement 4th September 2013 -
Commission – General
19 September 2013WebpageRightsTalk: David Malouf biography
Back to RightsTalk David Malouf is the internationally acclaimed author of novels including The Great World (winner of the Commonwealth Writers' prize and the Prix Femina Etranger), Remembering Babylon (shortlisted for the Booker Prize and winner of the IMPAC Dublin Literary Award), An Imaginary Life, Conversations at Curlow Creek, Dream Stuff ('These stories are pearls' Spectator), Every… -
17 September 2013Book page
Our work plan for 2013-14
Freedom from violence, harassment and bullying Violence, harassment and bullying profoundly affect the lives of thousands of people living in Australia. Discrimination and breaches of human rights can often be both a contributing factor and a consequence of such acts. The Commission has prioritised work on violence, harassment and bullying since 2010 and will continue to do so for the coming… -
Commission – General
17 September 2013Publication
Annual Report 1995 - 1996
Dear Attorney I have pleasure in presenting the Annual Report of the Human Rights and Equal Opportunity Commission for the period ended 30 June 1996, pursuant to section 45 of the Human Rights and Equal Opportunity Act 1986. -
17 September 2013Book page
Our Agenda
There is no simple way to solve complex human rights issues. From the challenges that face a person with a disability seeking independent living, through immigration detention policy, the promotion of human rights must address issues for individuals as well as the need for broader, systemic change. That is why the Commission uses a range of integrated approaches, while also focussing on… -
17 September 2013Book page
Our Agenda
There is no simple way to solve complex human rights issues. From the challenges that face a person with a disability seeking independent living, through immigration detention policy, the promotion of human rights must address issues for individuals as well as the need for broader, systemic change. That is why the Commission uses a range of integrated approaches, while also focussing on…