Remedy
In order to address the problems associated with big data mining, it would be necessary for the countries to commit to honoring the freedom of expression provision publicly. There should be a lobby for the release of cyber nonconformists and journalists detained exclusively for the peaceful and legal exercise of their freedom of expression. The state should also be transparent regarding the sifting process used by the companies around the world and make public what phrases and words are censored and how the words are picked. The state should also exhaust all judicial appeals and remedies globally before conforming with state directives that constitute the human rights impacts. There should also be an establishment of an exclusive human rights policy that delineates the company’s support human rights in the context of UN Global Compact standards of preventing involvement in human rights violations (Privacy International, 2018).
Freedom of Expression
Freedom of expression is a basic human right which is a necessity for the enjoyment of all human rights. Its suppression may establish the basis of suppressing other human rights. Freedom of expression has been differently labeled as vital for the freedom to establish and discuss ideas in the pursuit for autonomy and self-fulfillment, truth and understanding as well as effective involvement in the political lie a democratic society. Amnesty International mandates that people have the right to freedom of thought, expression, conscience, opinion, and religion as set out in the international human rights treaties. However, freedom of expression may not be a mandatory right because, under the international law, governments have the capacity to limit certain forms of expression in defined circumstances such as the protection of public morals and national security (Van der Sloot and Van Schendel, 2016).
The Chinese regime is one of the governments in the world that has sought to utilize big data to censor information and control the content that the citizens can access. These practices have been considered sensitive or detrimental. The country has more than 111 million internet users, and therefore the state has been considered to operate the broadest and technologically advanced system of internet filtering. The impact of this is partisan online information environment for internet users which has been seen to be profound and disturbing. Regardless of the enormous economic growth in China, the political environment still favors the suppression of opposition and restrictions over the basic freedoms (Van der Sloot and Van Schendel, 2016).
Amnesty International has been significantly concerned on the practices instigated by the Chinese authorities to restrict the spreading of information and subjugate those people and groups who decide to peaceably exercise their legal right to express dissent. The cutting-edge technology used in China enables the government to mine big data, and filter internet content. The alleged reason behind these operations was that it is meant to serve the interests of socialism, protecting the interests of the country, and appropriately directing public opinion. The cyberspace in this country is monitored by thousands of internet police (Privacy International, 2018). The major concerns for the human rights activists are that people have been detained for expressing opinions and disseminating information that the regime perceives as dissident under laws that also offer the death penalty. The country has the highest documented number of detained journalists and cyber-dissidents in the world(Van der Sloot and Van Schendel, 2016).
Journalists and human rights activists from Morocco to Bahrain have their cell phones tapped as well as their emails accessed and read by security services. Each of these acts impends both a person’s freedom to express themselves and their capacity to have private communications and lead a private life. As a result, their privacy and freedom of expression are curtailed. Equally, violations on the right to privacy through online or physical surveillance and state intrusion into private life prevent a person from fully exercising their freedom of expression. In the contemporary world, nearly every act online is an act of expression. For instance, engaging in online chats, interacting with colleagues and friends, and reading news are all acts of disseminating or accessing information (Privacy International, 2018).
The protection of freedom of expression is now typically regarded as a common good. Many developed countries have established measures to protect freedom of expression and reprove those who do not support it in the modern era, especially for the internet. However, the aspect of privacy is usually subjected to allegations of cultural relativism. Big data mining has distorted the boundary between private, and public thought and expression and courts across the world are baffled by questions on how to characterize social media blogs and musings. Currently, more than ever, freedom of expression is considerably intertwined where a violation of one can be the cause and implication of a violation upon the other. This is mainly in the case of big data mining for surveillance. The data gathered may be used to perpetuate propaganda that can limit the freedom of expression (Privacy International, 2018).
Reference
Privacy International (2018). Two sides of the same coin – the right to privacy and freedom of
expression. [online] Privacy International. Available at: https://privacyinternational.org/blog/1111/two-sides-same-coin-right-privacy-and-freedom-expression
Van der Sloot, B. and van Schendel, S., 2016. International and comparative legal study on Big Data.