BATTLE FOR FREE SPEECH IN THE DIGITAL CLIMATE; THE U.N CYBERCRIME TREATY

The Electronic Frontier Foundation, aka EFF, has voiced their concerns regarding the insertion of ambiguously defined speech-related "crimes" in the presented UN Cybercrime Treaty. The argument they are pushing for is that such matters shrink the hope for any freedom of speech online, thus leading to censorship and having a negative effect on overall online activities, even those seen as legitimate.

The main argument presented by the EFF mainly revolves around the vagueness/ambiguity of such proposed language. When lacking the precise meanings, state bodies can somehow exploit these to better suit their needs, such as targeting political opposition, journalists, and even activists that stand against their actions. This potential for abuse is considerably higher in countries with lesser protections for free speech. This absence of boundaries could lead to absurd interpretations, which then result in the outlawing of speech, which is a basic human right. 

Moreover, worries from the EFF have been made known, especially about the treaty's impact on cross-border enforcement. Due to the international nature of the internet, one country may find itself under scrutiny by another country with entirely different laws, thus leading to an increase in censorship to avoid any legal backlash in other multiple jurisdictions.

The EFF has been advocating for pinpointed and limited approaches in regard to cybercrime regulations, especially ones that focus on cybercrimes such as hacking, fraudulent activity online, and data theft, while prioritising and protecting something as basic as free speech. They make the case that the treaty should make an exception for speech-related offenses or at least put robust rules in place to properly prevent misuse for censorship and societal oppression. Their current proposal argues for serious alterations to protect the rights of not only internet users in a specific country but rather worldwide.

Pilane Tshepiso Shatiso

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Speech Blogger