Protecting Human Rights Online — An Obligation of Due Diligence

This paper covers the challenge of effective human rights protection online. It argues that international law provides sufficient background to identify the limits of states’ obligations to protect human rights in cyberspace. Referring to the work of the United Nations (UN) Human Rights Committee (HRC)  and UN Special Rapporteurs the author answers pressing international law questions on limits of privacy and freedom of speech in the transboundary cyberspace. The current work emphasizes states’ positive obligation to actively protect rights of individuals within their jurisdiction, power or control and points to the due diligence standard enshrined in international law on state responsibility and international liability as validation for the prerequisite of state efforts aimed at protecting individuals from human rights violations online coming from any third party.