How to improve the Aotearoa New Zealand Code of Practice for Online Safety and Harms? 4. Map, compass, and guardrails In this conclusion, we signal six of the key features of a human rights and te Tiriti approach to online safety and harms in Aotearoa New Zealand. The features are illustrative, not exhaustive, and invite constructive discussion. 1. Values They are the starting point. Critically important values, such as kaitiatikanga (stewardship), manaakitanga (respect), dignity, decency, fairness, equality, transparency, freedom, wellbeing, safety, participation, autonomy, partnership, community, and responsibility, are embodied in human rights and te Tiriti o Waitangi. These values affirm and supplement the Code’s ‘Guiding Principles’.15 2. Laws, norms, and standards Standards are designed to help all parties navigate these challenging issues. Map, compass, and guardrails, they include: • te Tiriti o Waitangi (see section 2) • International Bill of Human Rights16 • UN Guiding Principles on Business and Human Rights • Human Rights Act 1993 • New Zealand Bill of Rights Act 1990 • Aotearoa New Zealand Code of Practice for Online Safety and Harms • digital platforms’ community guidelines. These standards, which range from binding law to voluntary guidance, need ‘unpacking’ and applying to online safety and harms in Aotearoa New Zealand.17 3. Context matters (see section 1) The effective implementation of human rights and te Tiriti o Waitangi depends upon a nuanced appreciation of the historical, demographic, economic, social, cultural, environmental, and legal context in Aotearoa New Zealand. 4. Equity and non-discrimination These are critically important dimensions of human rights and te Tiriti o Waitangi: they need to shape process, implementation, and accountability. The Universal Declaration of Human Rights begins, “All persons are born free and equal in dignity and rights”.18 5. Transparency (see section 3) It is imperative that we understand how digital platform services operate and how companies and governments collect and use the data they generate. Transparency is an established feature of a human rights approach. 6. Accountability Monitoring is often conflated with accountability, but monitoring is only one step towards accountability. Accountability can be understood as: 10

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