The internet has provided new spaces in which rights and freedoms can be exercised including the
freedom to publish, freedom to express and the freedom to receive information. At the same time, the
exercise of these freedoms through the internet may challenge other fundamental human rights such
right to privacy and respect for human dignity.120 As highlighted in sections on Defamation and Hate
Speech, there have been various concerns regarding the use of online platforms to spread misinformation,
inciting of violence and expressing views that defame individuals.
Community consultations widely acknowledged the benefits of the internet for communication and
sharing of information.121 According to the Special Rapporteur on freedom of expression and opinion, “the
Internet has dramatically improved the ability of children and adults in all regions of the world to
communicate quickly and cheaply. It is therefore an important vehicle for children to exercise their right
to freedom of expression…”122
However, concerns were also raised by some during consultations and in submissions particularly
regarding the proper use by children (and adults) of the internet to express views without bullying or
inciting violence online.123 Moreover, there was a serious concern regarding the exposure of children to
unsafe online content and use.124 Concerns about cyberbullying, cyber-grooming and access to
pornographic content by children were also raised as problematic leading to some suggesting imposing
strict restrictions on internet and social media access.125 The Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression also highlighted similar concerns and risks
associated with Internet use and children in his report to the UN General Assembly.126
According to one submitter, despite laws in place to regulate matters such as cyberbullying, defamation
and libel online, it does not go far to regulate matters including racist content, xenophobia and hate
speech on the internet.127 It is important therefore that as technology evolves and people resort to online
platforms more to express opinions, more robust laws are put in place. Efforts to combat cybercrime for
120
See New Zealand Human Rights Commission, Freedom of opinion and expression (2010)
https://www.hrc.co.nz/files/6914/2388/0492/HRNZ_10_Freedom_of_opinion_and_expression.pdf.
121 Focus groups consultations (Upolu & Savaii).
122 UNGA, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, (21 August
2014) https://undocs.org/A/69/335, para 65.
123 Focus groups consultations (Upolu & Savaii).
124 MCIT written submission, Samoa Observer written submission, Focus groups consultations (Upolu & Savaii).
125 Focus groups consultations (Vaie’e).
126 UNGA, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, (21 August
2014) https://undocs.org/A/69/335, para 69.
127 MCIT written submission.
State of Human Rights Report 2021
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