Australian Human Rights Commission Human Rights in the Digital Age: Additional Material Submitted to the UN Global Digital Compact, 30 April 2023 Recommendation 13: Human rights must apply to the whole digital ecosystem. 5.1 A model for regulation and promotion of human rights 80. Unlike in non-digital environments, no individual government bears primary responsibility or accountability for the maintenance of human rights online. These digital spaces are primarily run by private businesses who do not bear the same responsibility as governments. This complicates how human rights can be protected online. 81. One method to best protect human rights online is to ensure that all stakeholders engage in human rights-centred design and deployment of new and emerging technologies. Recommendation 14: Stakeholders must commit to human rights-centre design and deployment of new and emerging technologies. 82. Co-regulation is sometimes referred to as enforced self-regulation, that is enforced, or threatened to be enforced, by a regulator or government.52 Co-regulation utilises the know-how of those within industry, but ensures an external oversight mechanism to encourage compliance.53 Selfregulation without the threat of enforcement by a regulator has led to a formidable history of industry abuse of the self-regulation privilege.54 83. To best ensure that human rights can be applied, and protected, an online model which focuses on co-regulation is preferred over self-regulation. It will also be important to ensure that relevant stakeholders are consulted with when drafting or applying any model of promoting human rights online. Recommendation 15: Any model for regulation which seeks to protect human rights online must adopt a co-regulatory model. Such a model should be developed in collaboration with relevant stakeholders. 84. When discussing these rights, regard must be had for vulnerable people and people with disability who are often unable to fully enjoy the benefits of new and emerging technologies. Regard must also be had for the 19

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