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students in Australia, 129 and academics in 17 States across the Middle East and North
Africa report self-censoring, including in their publications, teaching and public
statements (or involvement in pro-democracy groups, in the case of Chinese students),
for fear of sanctions for themselves and their relatives. 130
66. Some stakeholders interpret freedom of thought as creating State obligations to
respect their “cognitive liberty”, namely the “right to control and alter one’s […]
thoughts, and thought processes”, including the choice to consume psychoactive
substances. 131 They contend that “arbitrary” prohibitions on safe access to mind altering drugs is a de facto prohibition or even State “censorship” on certain
thoughts. 132
67. When digital technology companies selectively display or omit information in
cyberspace (i.e., “content curation”), they allegedly distort information environments
in ways that might manipulate thought. 133 Search results, suggested advertisements
and newsfeeds, among others, are curated based on various factors, including an
individual’s psychological profile, often with little transparency for users as to what,
why and how curation happens. Reportedly, these practices could affect intellectual
freedom and critical thinking by “minimiz[ing] exposure to diverse views, [and]
interfering with individual agency to seek and share ideas and opinions”, including
by creating “echo chambers”. 134 While content moderation practices could slow the
viral spread of disinformation and other types of harmful or illegal content, including
incitement to hatred and violence, which arguably distort and weaponize information
environments, experts caution that both content moderation and any subsequent
appeals must be enacted, and their impacts regularly assessed, in a clear, transparent
and consistent manner.
E.
Existing and emerging technologies
1.
Inference and predictive technologies
68. Several stakeholders assert that the use of predictive technologies by digital
technology companies should raise concerns regarding freedom of thought. Predictive
systems, by nature, do not reveal “actual” thoughts. Yet armed with vast and growing
quantities of personal and non-personal data, such systems can reportedly build
sophisticated individualized psychological profiles, which can potentially infer and
even modify thoughts in certain circumstances. 135
69. They also express concern about the proliferation of predictive technologies,
such as so-called artificial intelligence-powered polygraphs that make use of artificial
intelligence, 136 which feed biometric data (e.g., heart rate, speech patterns and facial
features) into “truth detection” algorithms or applica tions that use these data to
__________________
129
130
131
132
133
134
135
136
21-14191
See https://www.hrw.org/report/2021/06/30/they-dont-understand-fear-we-have/how-chinas-longreach-repression-undermines.
See https://www.al-fanarmedia.org/2021/04/self-censorship-in-arab-higher-education-an-untoldproblem/.
Submissions from Evgenia Fotiou, Charlotte Walsh, International Drug Policy Consortium and
Instituto RIA; and consultation on psychoactive and other drugs.
See https://pubmed.ncbi.nlm.nih.gov/26838469/, pp. 80–87.
See https://www.pnas.org/content/112/33/E4512.
A/73/348, para. 12.
See https://www.pnas.org/content/pnas/112/4/1036.full.pdf.
See https://www.law.georgetown.edu/georgetown-law-journal/wp-content/uploads/sites/26/2021/
06/Hinkle-The_Modern_Law_Detector.pdf.
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