{"title":"俄罗斯反现实战争中的网络宣传、审查和人权","authors":"D. Kaye","doi":"10.1017/aju.2022.24","DOIUrl":null,"url":null,"abstract":"Russia's invasion of Ukraine has exposed the capriciousness of state and corporate power over human rights online. Events since the invasion have demonstrated the coercive power of the state over online expression, privacy, and public protest. Russia's longtime “war against reality” has deepened in its repression and is dependent on the raw power of criminal law enforcement, surveillance by security forces, censorship by its media regulator, and legal and extralegal demands against internet platforms. Without drawing an equivalence, the European Union has imposed a comprehensive ban on Russian state-controlled media outlets, encouraged in part by the Ukrainian government, whose moral authority under the circumstances has been particularly strong. Notwithstanding state power over them, technology companies continue to be capable of causing or mitigating, if not preventing, human rights harms. Foreign companies and local partners have heroically maintained internet access in Ukraine and resisted Russian censorship and propaganda, the latter resulting in the blocking of key internet platforms by Russia. It is the latest chapter in the struggle among governments, companies, and individuals to control online space. But it is also an opportunity for reflection, for while the Kremlin has flouted its international obligations, governments and companies committed to human rights law cannot so behave. They should exercise their power over public space according to transparent rule of law standards of non-discrimination, legality, necessity, and legitimacy. A headlong rush to Russia-specific rules and enforcement, unmoored from public articulation of human rights standards, risks corroding the global normative framework for fundamental rights online.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":null,"pages":null},"PeriodicalIF":1.2000,"publicationDate":"2022-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":"{\"title\":\"Online Propaganda, Censorship and Human Rights in Russia's War Against Reality\",\"authors\":\"D. Kaye\",\"doi\":\"10.1017/aju.2022.24\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Russia's invasion of Ukraine has exposed the capriciousness of state and corporate power over human rights online. Events since the invasion have demonstrated the coercive power of the state over online expression, privacy, and public protest. Russia's longtime “war against reality” has deepened in its repression and is dependent on the raw power of criminal law enforcement, surveillance by security forces, censorship by its media regulator, and legal and extralegal demands against internet platforms. Without drawing an equivalence, the European Union has imposed a comprehensive ban on Russian state-controlled media outlets, encouraged in part by the Ukrainian government, whose moral authority under the circumstances has been particularly strong. Notwithstanding state power over them, technology companies continue to be capable of causing or mitigating, if not preventing, human rights harms. Foreign companies and local partners have heroically maintained internet access in Ukraine and resisted Russian censorship and propaganda, the latter resulting in the blocking of key internet platforms by Russia. It is the latest chapter in the struggle among governments, companies, and individuals to control online space. 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引用次数: 2
摘要
俄罗斯入侵乌克兰暴露了国家和企业权力对网络人权的反复无常。入侵后发生的事件显示了国家对网络言论、隐私和公众抗议的强制力。俄罗斯长期以来的“反现实战争”(war against reality)已经深化了镇压,它依赖于刑事执法的原始力量、安全部队的监视、媒体监管机构的审查,以及针对互联网平台的法律和法外要求。欧盟(European Union)对俄罗斯国家控制的媒体机构实施了全面禁令,但没有做出对等的规定,这在一定程度上是受到乌克兰政府的鼓励,在这种情况下,乌克兰政府的道德权威尤其强大。尽管国家对它们有权力,但科技公司仍然能够造成或减轻(如果不能防止的话)对人权的损害。外国公司和当地合作伙伴英勇地维护了乌克兰的互联网接入,并抵制了俄罗斯的审查和宣传,后者导致俄罗斯封锁了关键的互联网平台。这是政府、企业和个人为控制网络空间而展开的斗争的最新篇章。但这也是一个反思的机会,因为尽管克里姆林宫藐视其国际义务,但致力于人权法的政府和企业不能如此行事。他们应该根据非歧视、合法性、必要性和合法性等透明的法治标准来行使对公共空间的权力。不顾人权标准的公开表述,仓促制定针对俄罗斯的规则和执行,可能会侵蚀全球网络基本权利的规范框架。
Online Propaganda, Censorship and Human Rights in Russia's War Against Reality
Russia's invasion of Ukraine has exposed the capriciousness of state and corporate power over human rights online. Events since the invasion have demonstrated the coercive power of the state over online expression, privacy, and public protest. Russia's longtime “war against reality” has deepened in its repression and is dependent on the raw power of criminal law enforcement, surveillance by security forces, censorship by its media regulator, and legal and extralegal demands against internet platforms. Without drawing an equivalence, the European Union has imposed a comprehensive ban on Russian state-controlled media outlets, encouraged in part by the Ukrainian government, whose moral authority under the circumstances has been particularly strong. Notwithstanding state power over them, technology companies continue to be capable of causing or mitigating, if not preventing, human rights harms. Foreign companies and local partners have heroically maintained internet access in Ukraine and resisted Russian censorship and propaganda, the latter resulting in the blocking of key internet platforms by Russia. It is the latest chapter in the struggle among governments, companies, and individuals to control online space. But it is also an opportunity for reflection, for while the Kremlin has flouted its international obligations, governments and companies committed to human rights law cannot so behave. They should exercise their power over public space according to transparent rule of law standards of non-discrimination, legality, necessity, and legitimacy. A headlong rush to Russia-specific rules and enforcement, unmoored from public articulation of human rights standards, risks corroding the global normative framework for fundamental rights online.