World court hears genocide case against Israel

Thursday January 11 marked a historic moment for human rights and international law. South Africa is accusing Israel of committing genocide in Gaza, and hearings have begun in the International Court of Justice (ICJ). Lawyers for South Africa argue that Israel has repeatedly made statements showing “genocidal intent.” The evidence they provided includes livestreamed videos of Israeli forces inciting violence, as well as images of the aftermath of airstrikes across the Gaza Strip – demonstrating the importance of preserving digital evidence to ensure accountability in judicial proceedings. Irish lawyer Blinne Ní Ghrálaigh told the court that this is the “first genocide in history where its victims are broadcasting their own destruction in real time, in the desperate, so far vain hope that the world will do something.” Read more via HRW

Dig deeper

Content governance in times of crisis: applying international humanitarian, criminal, and human rights law

In its submission to the ICJ, South Africa demanded that Israel preserve possible evidence of genocidal acts. But since much of this evidence has been shared in real-time on social media, digital platforms share this responsibility. As we argue in our recent report on how international law applies to content governance during crises, these platforms are “rich repositories of evidence of atrocities.” It is therefore vital that they preserve such content, cooperate with national and international judicial and accountability mechanisms, and grant bodies such as the ICJ or ICC access to documentation of human rights violations and serious international crimes. Read more via Access Now

Meta’s broken promises

Instead of fulfilling their responsibilities, Big Tech platforms, and especially Meta, have been systematically censoring, shadowbanning, and removing content showing the reality for Gazans since October 7, according to a new report from Human Rights Watch. “The discriminatory approach to content moderation shatters any remaining pretense about tech companies' neutrality in times of crisis,” says Access Now’s Marwa Fatafta. “They do take sides, and it's often against the side of the oppressed.” Read more via HRW

India makes the wrong call

India’s rushed telco bill must be amended to protect human rights

On December 21, India’s parliament rushed through a new telecommunications bill, a mere four days after it was introduced, despite vocal opposition from over 60 national and international organizations, including Access Now. This legislation could mainstream internet shutdowns in India. It also grants the government access to encrypted messaging data on vague “national security” grounds. “The bill is regressive as it enhances the government’s colonial-era powers to intercept communications, and shut down the internet,” says Access Now’s Namrata Maheshwari. Read more via Access Now

LISTEN: “Does the Telecommunications Act, 2023 bolster India’s digital regulation powers?”

How does India’s new Telecommunications Act consolidate existing telecom laws or repeal colonial-era laws? Why does it raise concerns around surveillance and regulation of messaging apps? Tune in to the latest episode of The Hindu’s “In Focus” podcast for answers from Access Now’s Raman Jit Singh Chima. Listen via The Hindu

Digital elections: promise and peril

Are social media platforms ready for record elections in 2024?

It’s official: 2024 is being called the “year of elections,” as people in approximately 65 countries, representing over half the world’s population, will head to the ballot box. With these elections comes an increased risk that bad actors will use technology to disrupt democracy, leveraging everything from disinformation to deepfakes. Access Now’s Raman Jit Singh Chima talks to Context about whether and how digital platforms are prepared to defend election integrity around the world. Read more via Context

Victory: Bangladesh stays connected during election

Internet shutdowns are among the biggest digital threats to democracy. But there are signs that preparing for shutdowns can help stop them. Last year, Access Now and the #KeepItOn coalition identified at least 17 countries where there was a heightened risk of shutdowns during elections. Among these, we documented only one election-related shutdown, in Gabon. Other countries, such as Nigeria, the Democratic Republic of the Congo (DRC), and Sierra Leone, committed to, and ensured, unhindered access to the internet and digital platforms. Now, as 2024 kicks off, we are already seeing more positive progress: after Access Now and 40+ other civil society organizations urged Bangladeshi authorities to #KeepItOn before, during, and after this week’s parliamentary elections, the country's telecom regulator instructed mobile network operators to do just that. Read more via Access Now

Fighting for free expression

Myanmar junta jails award-winning filmmaker for life

This week, Shin Daewe, a Burmese documentary filmmaker, was sentenced to life imprisonment without a fair trial under the country’s “counter-terrorism” law. This is the latest such sentencing in a series that shows how the law is used to suppress freedom of expression and the press as part of the military junta’s wider crackdown on human rights. We’ve seen reports showing that, between February 2021 and December 2022, more than 17,800 cases were filed under the law, with more than 7,000 of these leading to sentences. Our message: Myanmar’s junta must immediately release Shin Daewe, along with all other unjustly detained media, activist, creative, and civil society representatives. Read more via The Irrawaddy

Indonesian HRDs acquitted of defamation charges

In Indonesia, 2024 began with some good news: namely, the acquittal of human rights defenders Fatia Maulidiyanti and Haris Azhar on all charges of criminal defamation against Indonesia’s Coordinating Minister for Maritime Affairs and Investment, Luhut Binsar Panjaitan. Maulidiyanti and Azhar were targeted because they discussed Panjaitan’s alleged involvement in overseas mining operations online. They were charged, and initially sentenced, under the country’s Electronic and Information Transaction (EIT) Law, which criminalizes free speech, and which urgently needs reforming. Read more via Forum Asia

When digitization goes wrong

The management of digital humanitarian transformation and other fairytales

Why does the humanitarian sector, as a whole, struggle to harness digital technology to improve their work? What are the barriers to effectively deploying technology to support at-risk people and communities? In an new op-ed for the Centre for Humanitarian Action (CHA), Access Now’s Senior Humanitarian Officer, Giulio Coppi, explores how many “still see tech and digital as something other than real humanitarian work,” and explains why digital transformation too often fails to deliver for those who need it most. Read more via CHA

Opportunities and other highlights

APPLY: re:publica 2024 call for participation

Europe’s largest digital society festival, re:publica 24, taking place from May 27-29, 2024, in Berlin, Germany, has opened its call for participation. If you have an idea for a conference talk, workshop, or performance aligned with this year’s motto — “Who cares?” — learn more about how to submit. And don’t forget to register for “Early Bird” tickets now. Learn more via re:publica

REGISTER: workshop for CSOs on engaging with Big Tech

If you work in civil society and are new to engaging with tech companies, Business for Social Responsibility (BSR) is organizing a virtual workshop on January 30 to share guidance on how civil society organizations can engage effectively. Participants can register here with a max of three people per organization, and a cap of 30 participants total. Learn more via BSR

WE’RE HIRING: Director of Policy and International Programs

Could you be our new Director of Policy and International Programs? We’re looking for someone ready to manage and lead a multidisciplinary, remote team, with knowledge of relevant international human rights and technology policy issues, along with the ability to coordinate key strategic policy positions and regional advocacy initiatives that further our mission. If this sounds like you, learn about the role and apply. Read more via Access Now

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