This report delves into the crucial human rights issue of freedom of opinion and expression (FOE) within the Information and Communications Technology (ICT) sector. While new communication technologies empower historically underrepresented communities, their misuse poses a threat to human rights. The report identifies and explores the negative impacts of FOE risks in the sector and provides guidance for companies and investors on how to uphold and promote FOE.

International standards are emphasised, referencing Article 19 of the Universal Declaration of Human Rights, affirming everyone’s right to freedom of opinion and expression. The report underscores FOE as a fundamental human right under the International Covenant on Civil and Political Rights.

FOE’s significance in the ICT sector is detailed, pointing out the use of AI-powered tools and algorithmic decision-making in content moderation on social media platforms. ICT companies wield substantial power in shaping users’ exposure to information, acting as gatekeepers to the exercise of FOE. The report highlights the potential chilling effect of AI-enhanced surveillance, such as face recognition, on FOE as people may choose silence due to fears of targeting.

Beyond human rights responsibilities, the report stresses the ‘business case’ for FOE. Companies not proactively addressing FOE risks may face legal, reputational, and financial consequences. The potential risks include reputational harm, financial loss, shareholder actions, and dissatisfaction among employees, customers, and users. Operating in areas where regimes oppress populations or legal protection for FOE is lacking may also limit business opportunities.

Corporate guidance is provided for companies to conduct human rights due diligence and address adverse impacts on FOE. Suggestions include establishing specific policies favouring respect for FOE, pushing back on problematic requests, developing content moderation policies respecting users’ FOE rights, and enhancing transparency and disclosures of relevant processes.

Investor guidance includes questions to evaluate companies’ efforts in respecting FOE, such as the adoption of public-facing policy commitments and evidence of senior-level oversight of FOE risks. Investors are encouraged to play a role in holding ICT companies accountable for their FOE-related responsibilities, mitigating potential harm and promoting human rights.

In conclusion, the report underscores the dual role of communication technologies in both threatening and promoting human rights, particularly FOE. While the ICT sector can empower open communication and amplify underrepresented voices, guidelines are crucial to prevent misuse. Establishing content moderation policies respecting FOE rights, transparency in processes, and a commitment to push back on problematic requests are vital steps for ICT companies. Investors, too, must actively participate in ensuring ICT companies uphold their human rights responsibilities.