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minorities, and social media platforms must therefore focus more on minorities as the most
at risk.
81.
For this reason, it is increasingly acknowledged there is a need to introduce or
strengthen the structured representation of minorities in social media. Platform owners
therefore need to engage with and ensure the presence and participation of minorities in their
advisory, consultative and other bodies, particularly those related to human rights impact
assessments and hate speech issues. Direct and transparent inclusion of minorities is more
likely to enable the owners of social media platforms to better understand and take account
of the underlying root causes of hate, racism and intolerance in social media, and to more
effectively manage and operate their platforms and products in order to avoid profiting from
hate.
VI. Recommendations
82.
The Special Rapporteur invites States, regional organizations and nongovernmental organizations to recall the recommendations of the Special Rapporteur
on freedom of expression in his 2019 report (A/74/486), and not to impose on social
media platforms any restrictions that fail to meet the standards set out in international
human rights law.
83.
The Special Rapporteur on minority issues reminds States that restrictions on
forms of expression in social media are permissible only as provided by law and as
necessary for respect of the rights or reputations of others or for the protection of
national security, public order, or public health or morals. Such restrictions must also
be clearly and narrowly defined, respond to a pressing social need, be the least intrusive
measure available to be effective and the least restrictive of freedom of expression, not
be overbroad or vague, and be proportionate in that the benefit to the protected interest
outweighs the harm to freedom of expression.
84.
The Special Rapporteur also invites States and other interested parties to refer
to existing guidance on what constitutes forms of expression that may be restricted
under international human rights law in the area of impermissible hate speech, in
particular the six-part threshold test in the Rabat Plan of Action and principle 12 of the
Camden Principles on Freedom of Expression and Equality.
85.
The Special Rapporteur reminds States that in order to comply with their
international obligations, they must adopt legislation against certain forms of hate
speech, including the prohibition of any advocacy of national, ethnic, racial or religious
hatred that constitutes incitement to discrimination, hostility or violence, and the
criminalization of incitement to genocide in social media. These forms of prohibited
hate speech must be interpreted narrowly, consistent with the six-part threshold test in
the Rabat Plan of Action and the detailed guidance on the United Nations Strategy and
Plan of Action on Hate Speech. To comply with these international obligations, States
are invited to study and detail the effective enforcement of these prohibited forms of
hate speech, and to consider the potential liability of social media platforms for failure
to comply.
86.
States should review their legal framework to ensure that it incorporates a list of
protected characteristics or identifies the minorities (national or ethnic, religious and
linguistic) that are recognized in international human rights law, particularly since
most incidents of impermissible hate speech worldwide involve minorities.
87.
The Special Rapporteur invites State agencies and social media platforms to put
in place in procedures and mechanisms for the mandatory collection of data on hate
speech, and at a minimum on incitement to genocide and advocacy that constitutes
incitement to discrimination, hostility or violence. Such data should be disaggregated
according to the basis of the hatred, whether national, ethnic, racial or religious hatred,
which all relate to vulnerable minorities, or hatred affecting other vulnerable groups,
on the basis of such factors as gender and sexual orientation.
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