How to improve the Aotearoa New Zealand Code of Practice for Online Safety and Harms? Appendix Digital platforms, human rights, and te Tiriti o Waitangi: A ‘pilot’ accountability initiative This pilot initiative of Te Kāhui Tika Tāngata | New Zealand Human Rights Commission will be transparent, constructive, and focus on Aotearoa New Zealand. It begins in August 2023, will end in mid-November 2023, and be subject to review early in 2024. The initiative’s objectives and terms of reference are based on section 5(1) and (2) Human Rights Act 1993. Objectives • • to identify, elevate, explore, and apply social media corporations’ responsibilities arising from human rights, te Tiriti o Waitangi, and the UN Guiding Principles on Business and Human Rights (UNGP). to hold social media corporations accountable for these responsibilities. Terms of reference 1. An Independent Accountability Group (IAG) will apply, in whole or in part, the ‘lens’ of human rights, te Tiriti o Waitangi, and UNGP to selected features of: a. Aotearoa New Zealand Code of Practice for Online Safety and Harms (2022) (‘Code’), including its governance framework. b. The signatory platforms’ baseline and/or annual reports (Code para 5.4). c. The Administrator’s annual transparency report (Code para 5.3) and analysis of signatories’ reports (Code para 5.4). d. Any other outputs or outcomes associated with the Code. e. Safer Online Services and Media Platforms, Department of Internal Affairs (DIA), 2023. 2. In light of (1), the IAG may make findings which demonstrate consistency and/or inconsistency with human rights, te Tiriti o Waitangi, and UNGP. Any statements will conform with section 138 Human Rights Act 1993.19 3. In light of (1) and (2), the IAG may make recommendations associated with any of the issues in the Code and/or Safer Online Services and Media Platforms (DIA, 2023). Statutory foundations Under the Human Rights Act 1993, the Human Rights Commission has a broad mandate to “advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society”.20 To fulfil this mandate, the Commission is empowered, inter alia, to:21 • • • Advocate for human rights and promote and protect, by education and publicity, respect for, and observance of, human rights. Make public statements in relation to any matter that may affect human rights, including statements commenting on the position of Government in relation to that matter. Promote by research, education, and discussion a better understanding of the human rights dimensions of te Tiriti o Waitangi and their relationship with domestic and international human rights law. 12