A/HRC/26/49 antiraciste) allows individuals to take a picture of hate speech or racist graffiti attach its location and forward the information to the authorities, which can then remove it. IV. Conclusions and recommendations 64. Addressing racial, ethnic and xenophobic hatred on the Internet and social media networks poses new and complex challenges, particularly given the complexity of the phenomenon and the rapid evolution of technology. The Special Rapporteur nonetheless stresses that the Durban Declaration and Programme of Action and other international human rights instruments, such as the International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Civil and Political Rights, and certain regional instruments provide a comprehensive framework for possible actions in combating the phenomenon of racial, ethnic and xenophobic hatred. The Rabat Plan of Action also provides a useful framework to States in combating racism. To that end, he welcomes the continued interest in and attention paid to racial and ethnic hatred, in particular on the Internet, by the Committee on the Elimination of Racial Discrimination, He is also grateful for the contribution of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression to this discussion. The Special Rapporteur is keen to continue to promote dialogue on the issue, and welcomes the encouragement expressed by States, other United Nations mechanisms, and Internet and social media providers, as well as civil society organizations and academics, to continue research on the issue of racism and the Internet. 65. The Special Rapporteur also notes that important legal and policy efforts have been made at the regional and national levels to address the spread of racial, ethnic and xenophobic hatred and incitement over the Internet and through social media networks. Legislative measures are central to any strategy to combat racism, ethnic hatred and xenophobia; for this reason, the Special Rapporteur encourages States that have not enacted legislation to combat and prevent racial, ethnic and xenophobic hatred on the Internet and social media to consider doing so. Legislative measures must, however, take into account States’ obligations to protect other fundamental rights, such as freedom of expression and opinion, as spelled out in both the International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Civil and Political Rights, and should not be used as a pretext for censorship. 66. Combating the use of the Internet and social media to propagate racial, ethnic and xenophobic content and incitement to violence requires a multistakeholder approach. In this regard, the role of the private sector, in particular Internet service providers and social media platforms, and other relevant industry players is crucial. The Special Rapporteur has highlighted some of the measures already taken by the private sector to address the challenges of racism and incitement to racial hatred and violence on the Internet and social media. The Special Rapporteur would like to point out the positive contribution made by such initiatives as the promotion of end-user empowerment and education; the involvement of Internet service providers and social media platforms in policy discourses and in consultations on the issues of combating racism and incitement to racial hatred and violence on the Internet; the development of intelligent software in the areas of monitoring and filtering; and improvement s in co-regulation and self-regulation mechanisms. 17

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