A/67/326 B. Main challenges 21. There are a number of legal, regulatory, technical and other practical challenges to the fight against racism and incitement to racial hatred and violence on the Internet (E/CN.4/2006/18, para. 29). Enforcement of laws and regulations related to any inappropriate or illegal Internet content, including racist content, is challenging owing to the complexity occasioned by the lack of clarity of legal terms. In addition, due to their transborder nature, cases related to racism, incitement to racial hatred and violence through the Internet most often fall under different jurisdictions depending on where the inappropriate or illegal content was hosted and created, and where hate crimes prompted by such racist or xenophobic content took place. Furthermore, the effectiveness of national legislation becomes limited since States adopt differing laws, policies or approaches with regard to hate or racist content on the Internet and apply differing criteria for defining the threshold between freedom of expression and criminal acts or behaviour in such cases. In addition, there is a significant lack of necessary expertise and capacity to regulate or deal with Internet-related hate crime cases. 22. Technical measures developed for the fight against racism and incitement to racial hatred and violence on the Internet also have to contend with such pitfalls as unintended consequences and the potential for being misused, often with serious human rights implications, including limitation of freedom of expression and opinion. However, owing to the sheer amount of data that flows through and is placed on the Internet, it would be impossible to monitor online content. 23. Notwithstanding the adverse effects of the Internet, such as its increasing use by some individuals or groups to disseminate racist ideas and hate messages and incite racial hatred and violence, the Special Rapporteur would like to reiterate the fact that the Internet can also be a useful tool for preventing and combating racist and xenophobic ideologies and attitudes. In his previous reports, the Special Rapporteur underlined that in the context of the fight against racism, racial discrimination, xenophobia and related intolerance the Internet should not be seen solely as a new arena for spreading racist ideas and views, but also as a potential preventive tool for fighting against racism, racial discrimination, xenophobia and related intolerance (A/HRC/20/33, para. 63). He also addressed the use of the Internet and social media by extremist political parties, movements and groups, and the adverse effects of such phenomena on youth (see A/HRC/20/38). C. Freedom of opinion and expression in the context of the fight against racism and incitement to racial hatred and violence on the Internet 24. The Durban Declaration and Programme of Action recognize the positive contribution that the exercise of the right to freedom of expression, particularly by media and new technologies, including the Internet, and full respect for the freedom to seek, receive and impart information can make to the fight against racism, racial discrimination, xenophobia and related intolerance. The Durban Declaration and Programme of Action reiterate the need to respect the editorial independence and autonomy of the media in this regard. 5 __________________ 5 8 Durban Declaration (A/CONF.189/12 and Corr.1, chap. I), para. 90. 12-46982