A/67/326 technical measures as surveillance or filtering mechanisms may create unintended consequences that interfere with cross-border data flows and services and undermine the Internet as a single, unified and global communications network, and may be easily misused to limit or suppress other human rights such as the right to freedom of expression. 48. Given the lack of easy consensus on what content may be considered as “inappropriate”, “illegal”, “racist” or “inciting hatred”, the industry on its own should not make decisions regarding user-generated content and take such actions as removing or filtering the content. In that regard, the view of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression is instructive: that the development of criteria for censorship measures should never be delegated to private entities; and that intermediaries should not be held liable for refusing to take action that infringes individuals’ human rights. Requests to intermediaries to prevent access to certain content, or disclose private information for strictly limited purposes such as the administration of criminal justice, should be done through an order issued by a court or a competent body which is independent of any political, commercial or other unwarranted influences (A/HRC/17/27, para. 75). Moreover, the different cultural and political contexts of various States means that different countries will have differing positions, approaches and regulations with regard to Internet content. In spite of those challenges, the Special Rapporteur notes that there are many private sector measures that are already in place in a number of States that continue to make positive contributions to combating the promotion of racial, ethnic and xenophobic hatred and incitement to violence through the Internet. C. Role of civil society 49. Civil society actors are also central to anti-racism efforts and their inputs and contributions have to be an integral part of strategies at the international, regional and national levels. Most of the monitoring of the Internet for racial, ethnic and xenophobic hatred and incitement to violence is currently undertaken by civil society groups operating as non-governmental organizations or research institutes. The work of these groups — collecting relevant data and identifying trends, publicizing and therefore shaming promoters of such hatred, promoting consumer awareness to allow consumers to make informed decisions and shaping policy and legislation in different countries — has contributed immensely to efforts to combat the challenge. Furthermore, civil society actors are working closely with victims of racism, racial discrimination and xenophobia to encourage and assist them in defending their rights and expressing their views on the Internet. VI. Promoting the use of new information and communications technologies, including the Internet, to contribute to the fight against racism, racial discrimination, xenophobia and related intolerance 50. The Durban Declaration (para. 92) and Programme of Action (para. 140) recognize the need to promote the use of new information and communications technologies, including the Internet, to contribute to the fight against racism, racial 18 12-46982