E/CN.4/1998/79 page 19 66. The Japanese authorities have taken the measures described in section (i) in this connection, and self-censorship by local service providers has proved effective in putting an end to discriminatory practices on information networks. However, the authorities are concerned that messages of a discriminatory nature or other unlawful or harmful information, such as obscene or violent pictures or information, continue to appear on information networks. 67. The Government feels it necessary to emphasize that persons using the Internet must display an even greater sense of ethics than when they use other media, since the sender assumes complete legal responsibility for the information he circulates. However, the question of the legal regulation of the distribution of unlawful or harmful information must be examined with care, taking due account of the need to ensure freedom of expression and the secrecy of communications. In the Japanese Government's opinion, the measures adopted by other countries must also be taken into account in view of the transnational nature of the Internet. Special Rapporteur's observations 68. The Special Rapporteur thanks the Japanese Government for its cooperation and the measures taken to curb the use of the Internet for racist purposes. He hopes that the Japanese authorities, in view of their country's lead in information technology, will take the initiative in organizing consultations and concertations with the most advanced countries, which are developing the information network at a rapid pace, particularly in view of the very worrying problem of the exploitation of the Internet for racist or xenophobic purposes. (e) Spain 69. The non-governmental organizations “Asociación Pro-Derechos Humanos de España”, “Asociación Pro-Derechos Humanos de Andalucía” and “SOS Racism” have drawn the Special Rapporteur's attention to the Spanish Government's expulsion and refoulement in June 1996 and January 1997 of 103 nationals of various African countries from the towns of Melilla and Ceuta and the readmission to the Kingdom of Morocco of 35 nationals of various African countries of the Sub-Saharan region who had been in the Calamocaro camp at Ceuta. Reply from the Spanish Government 70. The Spanish Government points out that the foreigners covered by its expulsion and refoulement action had been illegally on Spanish territory, and that at all times legal procedures in respect of their refoulement were complied with; it adds that none of these foreigners had requested asylum. The internment of some of these persons in the Aliens Centres at Malaga and in the Centre Euro-latino-américain de la jeunesse de Mollina (CEULAJ) was authorized by a judicial decision. The operation was carried out in cooperation with the Government of Guinea Bissau, which “had undertaken to establish the identity of the foreigners, provide them with papers and return them to their true countries of origin, although it did not do so immediately ...”. Thirty-five of the foreigners were readmitted to Morocco on 23 January 1997. The communication adds that: “With respect to the stay of

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