[governance] Brazil, from heaven to hell on Internet freedom

Renata Aquino Ribeiro raquino at gmail.com
Wed Jan 20 21:04:58 EST 2016 

Hi

Indeed this is quite a gloomy perspective and it looks like a remake on
much of the Azeredo law and other worst ones before that.

It is interesting to see the backlash also happening in France but due to
other reasons.


---------- Forwarded message ----------

*NEWS RELEASE*

*UN rights experts urge France to protect fundamental freedoms while
countering terrorism*

GENEVA (19 January 2016) ? The current state of emergency in France and the
law on surveillance of electronic communications impose excessive and
disproportionate restrictions on fundamental freedoms, a group of United
Nations human rights experts* warned today.

In a list of concerns shared with the French Government, the independent
experts stressed the lack of clarity and precision of several provisions of
the state of emergency and surveillance laws, related to the nature and
scope of restrictions to the legitimate exercise of right to freedom of
expression, freedom of peaceful assembly and association and the right to
privacy. (See in French:
*
http://www.ohchr.org/FR/NewsEvents/Pages/DisplayNews.aspx?NewsID=16961&LangID=F*
<
http://www.ohchr.org/FR/NewsEvents/Pages/DisplayNews.aspx?NewsID=16961&LangID=F
>
).

?As France debates the strengthening of measures in the fight against
terrorism, and considers a reform of the criminal procedure, we call on the
authorities to revise the provisions and possible reforms adopted to that
end, to ensure they comply with international human rights law,? they noted.

In order to guarantee the rule of law and prevent arbitrary procedures, the
experts recommend the adoption of prior judicial controls over
anti-terrorism measures. The state of emergency law in force since the
recent terrorist attacks in France, which temporarily expands the powers of
the executive in the fight against terrorism, only allows judicial review a
posteriori.

The UN experts also noted that the law on surveillance of international
electronic communications, adopted in November 2015, expands the power of
the executive over the collection, analysis and storage of communications
content or metadata, without requiring prior authorization or judicial
review.

?Ensuring adequate protection against abuse in the use of exceptional
measures and surveillance measures in the context of the fight against
terrorism is an international obligation of the French State,? they stated.

In their communication with the French authorities, the UN experts
expressed alarm that environmental activists have been under house arrest
in connection with the state of emergency invoked following the November
attacks. ?These measures do not seem to adjust to the fundamental
principles of necessity and proportionality,? they said highlighting the
risks faced by fundamental freedoms in the fight against terrorism.

?While exceptional measures may be required under exceptional
circumstances, this does not relieve the authorities from demonstrating
that these are applied solely for the purposes for which they were
prescribed, and are directly related to the specific objective that
inspired them,? they said calling on the French Government not to extend
the state of emergency beyond 26 February 2016.

The independent experts expressed their solidarity and deepest sympathy to
the victims of the terrorist attacks committed in France and many other
places in the world.

*(*) The experts:* *David Kaye*, Special Rapporteur on freedom of opinion
and expression; *Maina Kiai*, Special Rapporteur on the rights to freedom
of peaceful assembly and of association; *Michel Forst*, Special Rapporteur
on the situation of human rights defenders; *Ben Emmerson*, Special
Rapporteur on the protection and promotion of human rights and fundamental
freedoms while countering terrorism; and *Joseph Cannataci*, Special
Rapporteur on the right to privacy.

ENDS

*The Special Rapporteurs are part of what is known as the Special
Procedures of the Human Rights Council. Special Procedures, the largest
body of independent experts in the UN Human Rights system, is the general
name of the Council?s independent fact-finding and monitoring mechanisms
that address either specific country situations or thematic issues in all
parts of the world. Special Procedures? experts work on a voluntary basis;
they are not UN staff and do not receive a salary for their work. They are
independent from any government or organization and serve in their
individual capacity. *

Learn more, log on to:
*Freedom of expression:*
*http://www.ohchr.org/EN/Issues/FreedomOpinion/Pages/OpinionIndex.aspx*
<http://www.ohchr.org/EN/Issues/FreedomOpinion/Pages/OpinionIndex.aspx>
*Freedoms of assembly and association:*
*
http://www.ohchr.org/EN/Issues/AssemblyAssociation/Pages/SRFreedomAssemblyAssociationIndex.aspx*
<
http://www.ohchr.org/EN/Issues/AssemblyAssociation/Pages/SRFreedomAssemblyAssociationIndex.aspx
>
*Human rights defenders:*
*http://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/SRHRDefendersIndex.aspx*
<http://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/SRHRDefendersIndex.aspx>
*Right to privacy:*
*http://www.ohchr.org/EN/Issues/Privacy/SR/Pages/SRPrivacyIndex.aspx*
<http://www.ohchr.org/EN/Issues/Privacy/SR/Pages/SRPrivacyIndex.aspx>

*UN Human Rights, Country Page ? France: *
*http://www.ohchr.org/EN/Countries/ENACARegion/Pages/FRIndex.aspx*
<http://www.ohchr.org/EN/Countries/ENACARegion/Pages/FRIndex.aspx>

*For more information and press inquiries**, please contact Victoria Kuhn
(+41 22 917 9278 <%28%2B41%2022%20917%209278> / **vkuhn at ohchr.org*
<vkuhn at ohchr.org>*) *

For *media inquiries* related to other UN independent experts:
Xabier Celaya ? Media Unit (+ 41 22 917 9383 / *xcelaya at ohchr.org*
<xcelaya at ohchr.org>)

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On Wed, Jan 20, 2016 at 7:04 PM, João Carlos R. Caribé <joao.caribe at me.com>
wrote:

> http://time.com/4185229/brazil-new-internet-restrictions/
>
> "A new bill says it will protect victims of honor crimes but will also
> shield politicians from criticism"
>
> http://mobile.nytimes.com/2016/01/12/opinion/brazils-digital-backlash.html
> <http://mobile.nytimes.com/2016/01/12/opinion/brazils-digital-backlash.html?_r=2>
>
> "The ruling was not entirely out of the blue. Brazil’s Congress has been
> considering legislation that would roll back key provisions of the
> country’s freshly minted digital bill of rights, known as the Marco Civil
> da Internet, which was passed in 2014. The new proposal is expected to make
> it easier for prosecutors to access citizens’ personal information without
> the nuisance of having to obtain a court order."
>
> Sad
>
> _
> João Carlos Caribé
> (021) 9 8761 1967
> Skype joaocaribe
> Enviado via iPad
>
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