Australian Human Rights Commission Human Rights in the Digital Age: Additional Material Submitted to the UN Global Digital Compact, 30 April 2023 5 Applying human rights online 75. A common theme that emerged in the consultations was the diversity of human rights that were relevant online. Specific rights that were discussed as being particularly significant in the online context included: • freedom of expression • cyberbullying • internet freedom • access to digital infrastructure • privacy online • digital exclusion • freedom of assembly • freedom of association. 76. It is important to note that the broader discussion of human rights online can often become limited to a narrow understanding of freedom of expression and the right to privacy. When examining this discourse, it is crucial to carefully consider how the rights to privacy and free expression may manifest differently for different individuals and groups. 77. Moreover, legal frameworks which protect human rights (such as privacy and safety laws) are not mutually exclusive, as tensions may exist as between these frameworks. Where tensions do exist across frameworks, they should be examined and addressed in a way that is proportionate and gives effect to the objectives of protecting and promoting human rights. 78. In promoting human rights online, countries need to apply existing rights to these online spaces, in lieu of developing new human rights which were modified for new and emerging technologies. Specific regard should also be held for how tensions between rights and frameworks are considered. Recommendation 12: To promote human rights in digital ecosystems, the Compact should apply pre-existing human rights – as opposed to creating novel rights only applicable to online environments. 79. Existing human rights already apply offline, however they must also apply in the whole digital ecosystem – and not just on the internet or in relation to specific online spaces or products. 18