{"id":635,"date":"2023-08-20T07:38:56","date_gmt":"2023-08-20T07:38:56","guid":{"rendered":"https:\/\/projects-dev.itforchange.net\/online-violence-gender-and-law-guide\/?page_id=635"},"modified":"2023-10-25T19:20:22","modified_gmt":"2023-10-25T19:20:22","slug":"5-5-right-to-information-and-knowledge","status":"publish","type":"page","link":"https:\/\/projects.itforchange.net\/online-violence-gender-and-law-guide\/module-5-rights-based-approach-to-online-gender-based-violence\/5-5-right-to-information-and-knowledge\/","title":{"rendered":"5.5 Right to Information and Knowledge"},"content":{"rendered":"
Navigate:Online Gender-based Violence Judicial Resource Guide<\/span><\/a><\/span><\/div><\/div><\/div><\/div><\/div><\/div>
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The right to information and knowledge is an integral part of the right to freedom of expression.1<\/a><\/sup>Right to Information<\/em>. (n.d.). UNESCO. https:\/\/www.unesco.org\/en\/right-information<\/a><\/span> It empowers citizens to exercise their fundamental rights, supports gender equality, and allows for participation and trust in democratic governance and sustainable development, leaving no one behind.2<\/a><\/sup>Windhoek+30 Declaration<\/em>. (2021). UNESCO and Republic of Namibia. https:\/\/en.unesco.org\/sites\/default\/files\/windhoek30declaration_wpfd_2021.pdf<\/a>.<\/span> The significance of the access to information is emphasized by major international human rights treaties, such as UDHR and ICCPR, which recognize the right \u201cto seek, receive and impart information and ideas through any media and regardless of frontiers\u201d as an intrinsic part of the freedom of expression.3<\/a><\/sup>Universal Declaration of Human Rights<\/em> (entered into force 1948), Article 19; International Covenant on Civil and Political Rights<\/em>, opened for signature 1966 (entered into force 23 March 1976), Article 19.<\/span><\/p>\n

Today, the internet is a principal means of accessing information and knowledge of various kinds, particularly news and information about government functioning. It has enabled women to access a variety of information needed to exercise other rights, such as the right to education, the right to health, sexuality, and reproductive rights, the right to public participation, etc. However, violence in online spaces often forces women to limit their online participation and internet use. Many women are also denied internet access by their family members or due to their socio-economic circumstances. This is a direct infringement of their right to information and knowledge, which can have a deleterious impact on their ability to exercise other fundamental human rights.<\/p>\n<\/div>\n<\/div><\/div>

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5.5.1 Constitutional source of the right<\/h3>\n

The fundamental right to freedom of speech and expression under Article 19(1)(a) has been interpreted by the Supreme Court in Secretary, Ministry of Information and Broadcasting v. Cricket Assn. of Bengal (1995)<\/i> to include within it the right to seek information.4<\/a><\/sup>Secretary, Ministry of Information and Broadcasting, Govt. of India v. Cricket Association of Bengal<\/i>, MANU\/SC\/0246\/1995. <\/span> In Indian Express Newspapers (Bombay) Pvt. Ltd. v.<\/i> Union of Indian (1985)<\/i>,5<\/a><\/sup>Indian Express Newspapers (Bombay) Pvt. Ltd. v. Union of India<\/i>, (1985) 2 S.C.R. 287.<\/span> the Supreme Court observed that the right to inform and be informed is essential to partake in civic interactions and dialogue in a democratic country. Since the right to receive information is an integral component of the right to freedom of speech and expression, it can be subjected to only reasonable restrictions and only on the grounds mentioned under Article 19(2) of the Constitution.<\/p>\n

The right to information or the right to know was also interpreted by the Supreme Court in Reliance Petrochemicals Ltd<\/i> v.<\/i> Indian Express Newspapers (1988)<\/i>6<\/a><\/sup>Reliance Petrochemicals Ltd v. Indian Express Newspapers<\/i>, (1988) SCR Supl. (3) 212.<\/span> to be part of the fundamental right to life and liberty under Article 21.<\/p>\n<\/div>\n<\/div><\/div><\/div>

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5.5.2 International sources of the right<\/h3>\n

5.5.2.1 Conventions<\/h4>\n
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  1. Universal Declaration of Human Rights (UDHR)7<\/a><\/sup>Universal Declaration of Human Rights<\/em> (entered into force 1948).<\/span> and International Covenant on Civil and Political Rights (ICCPR)8<\/a><\/sup> International Covenant on Civil and Political Rights<\/em>, opened for signature 1966 (entered into force 23 March 1976).<\/span>:
    \nArticle 19 of the UDHR states that the right to freedom of opinion and expression includes the right to receive information and ideas through any media, regardless of frontiers. Article 19.2 of the ICCPR also provides for the right to receive information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of choice.<\/li>\n
  2. European Convention on Human Rights9<\/a><\/sup>European Convention on Human Rights<\/em>, opened for signature 1950 (entered into force 3 September 1953).<\/span>:
    \nAccording to Article 10 of the Convention, everyone has the freedom to receive information and ideas without interference by a public authority, regardless of frontiers.<\/li>\n
  3. American Convention of Human Rights10<\/a><\/sup>American Convention of Human Rights, opened for signature 1969 (entered into force 18 July 1969).<\/span>:
    \nArticle 13 of the Convention states that the right to freedom of thought and expression includes the right to seek and receive information and ideas of all kinds, regardless of all frontiers, orally, in writing, in print, in the form of art, or through any other medium of one's choice.<\/li>\n<\/ol>\n

    5.5.2.2 UN resolutions<\/h4>\n
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    1. UN Human Rights Council Resolution on Protection of Freedom of Expression A\/HRC\/44\/1211<\/a><\/sup>Freedom of Opinion and Expression: Resolution adopted by the Human Rights Council. (2020). UN Human Rights Council. A\/HRC\/RES\/44\/12. https:\/\/digitallibrary.un.org\/record\/3877197?ln=en<\/a><\/span><\/li>\n
    2. The Promotion, Protection, and Enjoyment of Human Rights on the Internet: Resolution adopted by the Human Rights Council on 13 July 2021 A\/HRC\/RES\/47\/1612<\/a><\/sup>The Promotion, Protection and Enjoyment of Human Rights on the Internet: Resolution. (2021). Human Rights Council. A\/HRC\/RES\/47\/16. https:\/\/digitallibrary.un.org\/record\/3937534?ln=en<\/a> <\/span><\/li>\n
    3. UN Human Rights Council General Comment No. 34 Article 19: Freedoms of Opinion and Expression CCPR\/C\/GC\/3413<\/a><\/sup>International Covenant on Civil and Political Rights<\/em>, opened for signature 1966 (entered into force 23 March 1976), Article 19.<\/span><\/li>\n
    4. Accelerating Efforts to Eliminate Violence against Women and Girls: Preventing and Responding to Violence against Women and Girls in Digital Contexts: Resolution adopted by the Human Rights Council on 5 July 2018 A\/HRC\/RES\/38\/514<\/a><\/sup>Accelerating Efforts to Eliminate Violence against Women and Girls : Preventing and Responding to Violence Against Women and Girls in Digital Contexts: Resolution adopted by the Human Rights Council. (2018). UN Human Rights Council. A\/HRC\/RES\/38\/5. https:\/\/digitallibrary.un.org\/record\/1640463?ln=en<\/a> <\/span><\/li>\n<\/ol>\n

      5.5.2.3 Declarations<\/h4>\n
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      1. Joint Declaration on Freedom of Expression and the Internet15<\/a><\/sup>International Mechanisms For Promoting Freedom Of Expression. (2011). Joint Declaration On Freedom Of Expression And The Internet<\/em>. https:\/\/www.osce.org\/files\/f\/documents\/e\/9\/78309.pdf<\/a> <\/span>:
        \nThis document establishes some general principles on the applicability of freedom of expression on the internet, which includes the right to access information. One such principle is that restrictions on the freedom of expression on the internet are only acceptable if they comply with established international standards, including that they are provided for by law, and that they are necessary to protect an interest which is recognized under international law.        16<\/a><\/sup>International Mechanisms For Promoting Freedom Of Expression. (2011). Joint Declaration On Freedom Of Expression And The Internet, <\/em>Para 1.a. https:\/\/www.osce.org\/files\/f\/documents\/e\/9\/78309.pdf<\/a> <\/span><\/li>\n
      2. Windhoek + 30 Declaration: Information as a Public Good17<\/a><\/sup>Windhoek+30 Declaration<\/em>. (2021). UNESCO and Republic of Namibia. https:\/\/en.unesco.org\/sites\/default\/files\/windhoek30declaration_wpfd_2021.pdf<\/a>.<\/span>:
        \nThe Declaration calls upon governments to create a positive enabling environment where people\u2019s access to relevant, diverse, and reliable information, both online and offline, is ensured.        18<\/a><\/sup>Windhoek+30 Declaration.<\/em> (2021). UNESCO and Republic of Namibia, Para 16. https:\/\/en.unesco.org\/sites\/default\/files\/windhoek30declaration_wpfd_2021.pdf<\/a>.<\/span> It emphasizes the duty of governments to guarantee the exercise of journalism free of governmental interference, promote universal access to the internet, and take measures to reinforce the safety of journalists, with a specific focus on women journalists.19<\/a><\/sup>Windhoek+30 Declaration. <\/em>(2021). UNESCO and Republic of Namibia. https:\/\/en.unesco.org\/sites\/default\/files\/windhoek30declaration_wpfd_2021.pdf<\/a>.<\/span> It calls for technology companies to institute complaints processes to provide redress to users who are harmed by the violation of the company's terms and conditions, conduct transparent human rights risk assessments, including to identify threats to freedom of expression and access to information and privacy, and take action to eliminate or mitigate those threats along with a report disclosing the impact.20<\/a><\/sup>Windhoek+30 Declaration.<\/em> (2021). UNESCO and Republic of Namibia, Para 23-26. https:\/\/en.unesco.org\/sites\/default\/files\/windhoek30declaration_wpfd_2021.pdf<\/a>.<\/span><\/li>\n<\/ol>\n

        5.5.2.4 International advocacy efforts<\/h4>\n
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        1. The Charter of Human Rights and Principles for the Internet21<\/a><\/sup>Internet Rights and Principles Coalition. (2014). The Charter of Human Rights and Principles for the Internet. <\/i>OHCHR. https:\/\/www.ohchr.org\/sites\/default\/files\/Documents\/Issues\/Opinion\/Communications\/InternetPrinciplesAndRightsCoalition.pdf<\/a> <\/span>:
          \nThe Charter stipulates that the right to view and receive information and ideas through the internet must be guaranteed in cyberspace. This includes information related to the government, which must be released in a timely and accessible manner and in accordance with national and international law.          22<\/a><\/sup>Internet Rights and Principles Coalition. (2014). The Charter of Human Rights and Principles for the Internet. <\/em>OHCHR, p. 18. https:\/\/www.ohchr.org\/sites\/default\/files\/Documents\/Issues\/Opinion\/Communications\/InternetPrinciplesAndRightsCoalition.pdf<\/a><\/span><\/li>\n
        2. Feminist Principles of the Internet23<\/a><\/sup>Feminist Principles of the Internet<\/em>. (2016). Association for Progressive Communications. https:\/\/feministinternet.org\/en\/principles<\/a><\/span>:
          \nThis document calls for supporting and protecting unrestricted access to information relevant to women and queer persons, particularly information on sexual and reproductive health and rights, pleasure, safe abortion, access to justice, and LGBTQI+ issues.          24<\/a><\/sup>Information, Feminist Principles of the Internet<\/em>. (2016). Association for Progressive Communications. https:\/\/feministinternet.org\/en\/principle\/information<\/a> <\/span> Securing access to information also includes paying attention to the diversity of languages, abilities, interests, and contexts, the document states.25<\/a><\/sup>Information, Feminist Principles of the Internet<\/em>. (2016). Association for Progressive Communications. https:\/\/feministinternet.org\/en\/principle\/information<\/a> <\/span><\/li>\n<\/ol>\n<\/div>\n<\/div><\/div><\/div>

          Footnotes<\/h3>\n
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