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.
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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
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