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secure online environment. In 2007, the League of Arab States and the Gulf Cooperation
Council made a recommendation to seek a joint approach on cybercrime-related issues by
taking into consideration international standards. In 2009, the Economic Community of
West African States (ECOWAS) adopted a directive on fighting cybercrime in the
ECOWAS region that provided a legal framework for its member States. In 2012, the East
African Community adopted a framework for cyberlaw, which provided an overview of the
legal issues relating to intellectual property, competition, taxation and information security.
38.
In 2004, the Organization of American States (OAS) implemented the InterAmerican Integral Strategy to Combat Threats to Cyber Security, the main objectives of
which were to establish national “alert, watch and warning” groups, known as Computer
Security Incident Response Teams, in each country, to create a hemispheric watch and
warning network providing guidance and support to cybersecurity technicians from around
the Americas, and to promote a culture and awareness of cybersecurity for the region. Other
initiatives by OAS include the Inter-American Cooperation Portal on Cyber-Crime and the
meetings of Ministers of Justice or Other Ministers or Attorneys General of the Americas,
which are aimed at strengthening hemispheric cooperation in the investigation and
prosecution of cybercriminality. More recently, in 2013, OAS and the Latin American and
Caribbean Internet Addresses Registry signed a cybersecurity agreement to strengthen the
development of the ties among Governments, the private sector and civil society in the
Americas, thus ensuring a multidimensional approach to cybersecurity.
39.
Although the above-mentioned initiatives include specific computer-related crimes
involving incitement to racial hatred and violence, the majority of them do not specifically
address content-related offences, such as the dissemination of racist ideas or incitement to
racial hatred and violence on the Internet and social media, focusing rather on other forms
of cybercrime and cybersecurity concerns.
3.
Legal and regulatory frameworks taken at the national level and by Internet and
social media providers
40.
The issues of racism and incitement to racial hatred and violence on the Internet and
social media have been addressed not only through national frameworks but also through
different initiatives taken by Internet service providers and social media platforms. The
Special Rapporteur has identified three main models emerging from the different
frameworks and initiatives: the censorship model; the regulatory framework; and the
freedom of speech approach.
41.
Internet and social media censorship consists of suppressing information and ideas
in order to “protect” society from “reprehensible” ideas. States are able to censor Internet
content through various means, such as by setting up agencies to monitor the Internet and
deciding what to censor according to established norms. This can also be achieved, by both
States and Internet and social media providers, by programing Internet routers to block or
censor the flow of specific data from Internet servers to service providers, and therefore to
Internet and social media users. Moreover, when “objectionable” information is posted
online, States can promptly demand that the Internet provider or social media platform
remove it. In order to be effective, this type of censorship requires States to have extremely
efficient systems in place to track and survey posted content and then to quickly remove it.
Internet providers or social media platforms themselves may also achieve this goal,
although with a lesser degree of efficiency.
42.
The Special Rapporteur believes that while censorship does not necessarily need to
serve illegitimate ends and can be used to suppress racially hateful speech, there are
significant drawbacks. Censorship policies can have a chilling effect, as users who know
that their online activities are screened by a government agency are less inclined to engage
in freedom of expression. Users can be further deterred if they are unsure whether the
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