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mechanisms. It is also crucial to strengthen and institutionalize dialogue and
collaboration among the various actors involved in addressing the issues of racism
and incitement to racial hatred and violence on the Internet.
45. The Special Rapporteur is of the view that national, regional and international
efforts, including legislative and policy initiatives, are of major political
significance and may facilitate identification of common strategies and solutions. In
particular, he reiterates the opinion of the Committee on the Elimination of Racial
Discrimination on the mandatory character of State obligations to enact appropriate
legislation in line with the provisions of article 4 of the International Convention on
the Elimination of All Forms of Racial Discrimination. In that regard, he welcomes
efforts by the Committee on the Elimination of Racial Discrimination to provide
further clarification regarding the obligations of parties to the Convention,
particularly in respect of the exploitation of the Internet to propagate racial, ethnic
and xenophobic hatred and incitement to violence. The Special Rapporteur is also
persuaded by and supports the opinions of the Committee, and those of his
predecessors, that legal measures taken to combat the propagation of racial, ethnic
and xenophobic hatred and incitement to violence through the Internet are
compatible with international human rights norms on the freedom of expression and
opinion. The Special Rapporteur notes and appreciates that there are genuine
differences in the views of States on the need for and the possible political dangers
presented by legislative measures to restrict certain forms of speech. However, the
Council of Europe has demonstrated the possibilities of a collective legal approach
to combating racial, ethnic and xenophobic hatred and incitement through the
Internet. There are other important efforts in other regions. The Special Rapporteur
also notes that a number of States have enacted legislation to combat racism on the
Internet.
B.
Role of the private sector, including intermediaries
46. The multi-stakeholder approach to addressing the problem of propagation of
racial, ethnic and xenophobic hatred and incitement to violence on the Internet has
been stressed in the Durban Declaration and Programme of Action and at various
meetings convened under the auspices of the United Nations. In particular, such
business enterprises as Internet service providers and content developers have
certain responsibilities through self-regulation and co-regulation with State
agencies. Certain measures by Internet service providers, such as establishing clear
and comprehensive terms of service as a basis for taking appropriate action against
websites that disseminate racist ideas, hate messages and incitement to racial hatred
and violence on the Internet, have been cited as some of the ways in which the
private sector can contribute to combating racism and the incitement of hatred on
the Internet. Business entities can also promote the use of industry codes of conduct,
ethical guidelines and principles as tools for addressing online racist content;
develop and implement accessible and transparent online complaint mechanisms;
and enhance mechanisms available to end-users to flag inappropriate content placed
on Internet sites.
47. The Special Rapporteur is, however, aware that the Internet industry faces
technical challenges owing to the huge amount of data and content uploaded by
users and that it may not be technically feasible to monitor, filter or address the
inappropriate or illegal content. Moreover, there are genuine risks that such
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