Australian Human Rights Commission Human Rights in the Digital Age: Additional Material Submitted to the UN Global Digital Compact, 30 April 2023 Recommendation 18: Domestic legislation aimed at countering discriminatory and misleading content online must transparently set out how content is moderated and censored to avoid a chilling effect on free speech and democratic discourse. 7 Recommendations 95. The Commission makes the following recommendations. Recommendation 1 Countries must consider models for protecting data and personal information online which do not place the primary onus on individuals to actively protect their personal information. Recommendation 2 Countries should regularly engage in consultative reviews of the legislation which regulates privacy and data. Such reviews should specifically consider if the relevant legislation is technology neutral. Recommendation 3 The Envoy should apply the Madrid Resolution and the ongoing work of the GPA in developing the Compact. Recommendation 4 The Envoy should have regard to article 17 of the ICCPR in developing the Compact. Recommendation 5 The Envoy should have regard for article 22 of the Convention on the Rights of Persons with Disabilities and article 16 of the Convention on the Rights of the Child in developing the Compact. Recommendation 6 Countries should ensure that their domestic legal framework includes protection for the right to privacy, with specific regard for the collection and use of data. Recommendation 7 Privacy legislation must be drafted in technology neutral terms. Recommendation 8 Countries should establish statutory bodies specifically focused on promoting and protecting human rights in respect of AI. These statutory bodies should 22

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