Corporate Accountability News Highlights is a regular series by Ranking Digital Rights highlighting key news related to tech companies, freedom of expression, and privacy issues around the world.

Uganda to review social media tax

The Ugandan government is reviewing its decision to impose taxes on the use of social media and on money transactions using mobile phones, in response to protests against the new measures.

#ThisTaxMustGo campaign photo in Uganda.

On July 1, the government started implementing a controversial law that imposes a 200 shilling [US$0.05] daily as a tax on people using internet messaging apps and social media platforms. Uganda’s president defended the law as a measure aimed at curtailing what he described as online gossip and to raise government revenues.

But domestic and international rights groups slammed the law for violating freedom of expression and network neutrality. In particular, the new measures will make it harder for Ugandans living in poverty to communicate and access information, and will widen the digital gender gap in the country.

On July 2, activists and legal advocates filed a court challenge against the law on the basis that it is unconstitutional and that it violates the principles of net neutrality and the open internet. However, it remains unclear when a court hearing will eventually be scheduled.

A free and open internet depends on the ability for all users to have equal access to content and services, which is not possible if ISPs block or delay certain types of content or apps. Telecommunications companies should therefore commit to not prioritize or block certain types of network traffic. As the 2018 Corporate Accountability Index research showed, most of the world’s leading telecommunications companies fall short of making such a public commitment. Of the ten telecommunications companies evaluated, Vodafone was the only company to clearly disclose that it does not prioritize, block, or delay certain types of traffic, applications, protocols, or content for reasons beyond assuring quality of service and reliability of the network.

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Image by VLADGRIN on Shutterstock

Since the launch of our 2018 Corporate Accountability Index this April, our hard-working team has undertaken a review of the Index methodology and results. We have identified two key areas of the methodology that are in need of revision and improvement, and today we are publishing these proposed revisions for stakeholder consultation.

You can view a summary of the proposed revisions to the RDR methodology here [PDF].

We also encourage you to review the results of the 2018 Index (as well as the downloadable report and raw data, available here).

As part of our effort to collect as much feedback as possible from a range of sources, members of our team will be reaching out to all companies ranked in the 2018 Index, along with other key stakeholders.

Comments and feedback about the revised methodology should be sent by email to feedback@rankingdigitalrights.org. The deadline to send feedback is August 1, 2018.

The EU moves forward with new copyright rules

European lawmakers are moving forward with new copyright rules despite warnings from digital rights advocates over measures they say could increase internet censorship and stifle freedom of expression. Last week, the EU’s Legal Affairs Committee (JURI) approved the Copyright Directive, which overhauls the EU’s copyright law and holds companies legally accountable for monitoring and enforcing the new rules. 

European Union Flags, Photo by user Thijs ter Haar via Flickr (CC BY 2.0)

Among the more controversial provisions is Article 13, which requires all content uploaded online in the EU to be checked for copyright infringement. According to the Electronic Frontier Foundation (EFF), Article 13 means that any website that allows users to post “text, sounds, code, still or moving images, or other copyrighted works for public consumption will have to filter all their users’ submissions against a database of copyrighted works.” The directive requires websites to use “appropriate” measures to prevent infringing content from appearing on their platforms, which critics say is not only vague but also excessively burdensome on companies, which are likely to err on the side of over-censoring content in order to avoid breaching the new copyright rules.

Internet and telecommunications companies should be transparent to their users about their policies and practices for filtering, removing, or otherwise blocking access to content, whether in compliance with national laws or for breaches to the company’s own rules. They should clearly disclose their processes for identifying content that breaches these rules and report the volume and nature of content removed. Results from the 2018 Corporate Accountability Index show that companies across the board fail to disclose sufficient information about these processes.

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Corporate Accountability News Highlights is a regular series by Ranking Digital Rights highlighting key news related to tech companies, freedom of expression, and privacy issues around the world.

Vietnam parliament approves restrictive cybersecurity measures

Parliament House in Hanoi. Photo by user Hieucd via Wikimedia Commons (CC BY-SA 4.0)

Lawmakers in Vietnam have passed a cybersecurity law limiting freedom of expression online and requiring tech companies to store data locally and to operate offices in the country.

Set to take effect on January 1, 2019 the law includes vague and broad provisions banning speech and posts deemed offensive to the ‘’nation, the national flag, the national anthem, great people, leaders, notable people and national heroes.’’ The law further prohibits the dissemination of ‘’incorrect information.’’ At the request of the Information and Communications Ministry or the Public Security Ministry, companies will have 24 hours to remove content in violation of the new law.

The law raises privacy concerns since it requires tech companies to store data on servers in Vietnam, making it easier for authorities to force companies to hand over user data.

Speaking to lawmakers before the vote, Vo Trong Viet, chairperson of the National Assembly’s Committee on Defense and Security defended the bill on security grounds. However, the bill’s adoption is part of a wider crackdown targeting government critics online, human rights activists, independent journalists and bloggers.

It remains unclear how tech companies will respond to these measures. In a brief statement the Asia Internet Coalition (AIC), an industry group that represents tech and internet companies in Asia including Facebook, Twitter, Google and Line, said that it was ‘’disappointed’ that the law was passed. ‘’The provisions for data localisation, controls on content that affect free speech, and local office requirements will undoubtedly hinder the nation’s 4th Industrial Revolution ambitions to achieve GDP and job growth,’’ according to the group’s statement.

Companies should conduct regular, comprehensive human rights risk assessments evaluating how laws affect freedom of expression and privacy in the jurisdictions in which they operate, and assess freedom of expression and privacy risks when entering new markets or launching new products. Companies should also seek ways to mitigate risks posed by those impacts. The 2018 Corporate Accountability Index found that while Facebook, Google, Microsoft and Oath disclose strong commitments to conduct human rights impact assessments, other major tech players lag behind. Both Apple and Samsung fail to disclose whether or not they regularly assess risks to freedom of expression associated with the laws of the jurisdictions where they operate or a new activity such as the launch of a new service or entry into a new market.

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Last week David Kaye, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, published a landmark report examining State and company regulation of online expression. Kaye’s report, which will be presented to the Human Rights Council on June 19th, offers a human rights framework to guide companies in moderating online content. (Update: please note that the date of the HRC presentation has been corrected from July to June 19th.)

Drawing on the UN Guiding Principles on Business and Human Rights and other “best practices in the field” the Special Rapporteur outlines measures that companies should incorporate into their interactions with governments and the development and enforcement of their own rules and policies. These measures emphasize transparency, due diligence, regular public input and engagement, and access to remedy.

The Ranking Digital Rights Corporate Accountability Index evaluates some of the world’s most powerful companies on whether and how they enact just such types of policies and measures. In December we submitted a paper highlighting relevant findings and recommendations from the 2017 Corporate Accountability Index—focusing on the question of whether and how platforms can respect users’ rights in policing online content. Kaye’s report cites RDR’s data and analysis in several places, and refers to RDR’s Index as “the leading review of Internet transparency.”

Our latest 2018 Corporate Accountability Index further reinforces the conclusions of Kaye’s report. As we noted in our analysis of corporate governance disclosures, few companies provide evidence of systematic human rights due diligence, particularly in relation to how they formulate and enforce their own terms of service. Transparency reporting was found to be weakest around the private policing of content. Platforms are much less transparent in general about how content is restricted than about how the companies respond to government requests for user data.

The Special Rapporteur also called on governments to ensure that “their policies toward online expression, and toward the platforms, sustain enabling environments for freedom of expression.” As we highlighted in our 2018 Index report, many countries’ laws and government policies are preventing companies from maximizing transparency around how online expression is policed and governed. Many of Kaye’s recommendations to governments overlap with several of RDR’s 2018 recommendations for governments. Specifically, we recommended:

  • Corporate accountability: Ensure that laws and regulations maximize companies’ ability to be transparent and accountable with users about how they receive and handle government and other third-party requests to restrict speech or information flows, or to share user information. Laws that prevent transparency and cannot be justified on public security grounds, in line with international human rights standards, should be reformed.
  • Government accountability: Publish government transparency reports that disclose the volume, nature, and legal basis for requests made to companies to share user information or restrict speech. This should be a fundamental component of any nation’s commitment to open government.
  • Judicial remedy: Ensure that adequate judicial remedies are in place for internet users whose freedom of expression and privacy rights are violated.
  • Corporate remedy: Require companies to provide and implement effective mechanisms for grievance and remedy that are accessible to users who believe that their freedom of expression and privacy rights have been violated in connection with the use of a company’s products and services.
  • Legislative accountability: Carry out human rights due diligence to ensure that laws and regulations governing ICT sector companies do not have a negative impact on internet users’ freedom of expression and privacy as defined by the Universal Declaration of Human Rights and international human rights instruments, such as the International Covenant on Civil and Political Rights.

We are excited to work with the Special Rapporteur and the community of stakeholders who provided input into this year’s report to promote global platform governance that is compatible with international human rights standards.

Kaye’s June 19th presentation in Geneva will be livestreamed at http://webtv.un.org/

[Corrected 13 June: The original version of this post incorrectly gave the date of Kaye’s Geneva presentation as July 19th instead of June 19th.)