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ISSN 1806-6445 v. 15 n. 27 São Paulo Jul. 2018 Sur International Journal on Human 27 Rights, founded in 2004 and published by Conectas Human Rights, aims to THE SUR FILE ON INTERNET AND DEMOCRACY • RENATA ÁVILA PINTO • TED PICCONE • ANITA influence the global human rights GURUMURTHY & DEEPTI BHARTHUR • JONATHAN PERRI • DAVID KAYE • MARCIO MORETTO agenda by producing, fostering and RIBEIRO & PABLO ORTELLADO • CASS SUNSTEIN • LUCY PURDON • MARIANA VALENTE disseminating innovative research and & NATÁLIA NERIS • REEM AL MASRI • ESSAYS • RAIANE ASSUMPÇÃO, FERNANDA FRINHANI ideas, primarily from the Global South, JAVIER AMADEO, ALINE LÚCIA GOMES, DÉBORA DA SILVA AND VALÉRIA SILVA • LUCIA on human rights practice. SESTOKAS & NATHÁLIA OLIVEIRA • CONVERSATIONS • JUAN PABLO BOHOSLAVSKY • IMAGES The Sur Journal serves as a channel • HONG KONG HUMAN RIGHTS ARTS PRIZE • VOICES • MARIELLE FRANCO • DEBORAH DOANE for sharing perspectives on the world’s human rights agenda. It is a space where the Global South’s role in shaping human rights discourse and practice – Published by including its institutions, priorities and impact – is debated. ENGLISH international journal Sur International Journal on Human on human rights issue Rights is a biannual publication, available in print and online in English, Portuguese 27 and Spanish. “This journal is published under the Creative Commons Attribution-NonCommercial- NoDerivatives 4.0 International License” international journal on human rights CONECTAS HUMAN RIGHTS Caixa postal: 62633 - CEP 01214-970. São Paulo/SP- Brazil Contact: <[email protected]> Submissions: <[email protected]> sur.conectas.org/en Conectas @conectas www.conectas.org v. v.12 15 n. n.21 27 São São Paulo Paulo Ago. Jul 20152018 international journal on human rights issue 27 EDITORIAL TEAM EDITORIAL BOARD Ellen Chapnick. Columbia University | United States Christof Heyns. University of Pretória | South Africa Ernesto Garzon Valdés. University of Mainz | Germany Emilio García Méndez. University of Buenos Aires | Argentina Fateh Azzam. Arab Human Rights Fund| Lebanon Fifi Benaboud. North-South Centre Guy Haarscher. Université Libre de Bruxelles | Belgium of the Council of Europe | Portugal Jeremy Sarkin. University of the Western Cape | Fiona Macaulay. Bradford University | South Africa United Kingdom João Batista Costa Saraiva. Regional Jurisdiction Flávia Piovesan. Pontifical Catholic University for Children of São Paulo | Brazil and Adolescents of Santo Ângelo/RS | Brazil J. Paul Martin. Columbia University | United States José Reinaldo de Lima Lopes. University of São Paulo | Brazil Kwame Karikari. University of Ghana | Ghana Juan Amaya Castro. University of Los Andes | Colombia Mustapha Kamel Al-Sayyid. Cairo University | Egypt Lucia Dammert. University of Santiado de Chile | Chile Roberto Garretón. Former-UN Officer of the High Lucia Nader. Open Society Foundations Fellow | Brazil Commissioner for Human Rights | Chile Luigi Ferrajoli. University of Rome | Italy Upendra Baxi. University of Warwick | Luiz Eduardo Wanderley. Pontifical Catholic University United Kingdom of São Paulo | Brazil EDITOR Malak El-Chichini Poppovic. Conectas Human Rights | Brazil Oscar Vilhena Vieira Maria Filomena Gregori. University of Campinas | Brazil EXECUTIVE EDITORS Maria Hermínia Tavares de Almeida. University of São Paulo | Oliver Hudson. Managing Editor Brazil Maryuri Mora Grisales. Assistant Editor Miguel Cillero. University Diego Portales | Chile EXECUTIVE BOARD Mudar Kassis. Birzeit University | Palestine Albertina de Oliveira Costa Paul Chevigny. New York University | United States Camila Asano Pedro Paulo Poppovic | Brazil Conrado Hübner Mendes Philip Alston. New York University | United States Glenda Mezarobba Roberto Cuéllar M. Inter-American Institute of Human Rights | Juana Kweitel Costa Rica João Paulo Charleaux Roger Raupp Rios. Federal University of Rio Grande do Sul | Laura Waisbich Brazil Marcos Tourinho Shepard Forman. New York University | United States Rafael Custódio Víctor Abramovich. University of Buenos Aires | Argentina REFERENCES Victor Topanou. National University of Benin | Benin Renato Barreto Vinodh Jaichand. University of the Witwatersrand | ADVISORY BOARD South Africa Alejandro M. Garro. Columbia University | United States DESIGN Bernardo Sorj. Federal University of Rio de Janeiro / Edelstein Letícia Coelho Center | Brazil COVER IMAGE Bertrand Badie. Sciences-Po | France Jennifer Lai Cin Yang Cosmas Gitta. UNDP| United States Image courtesy of Justice Centre Hong Kong Daniel Mato. CONICET / National University of Tres de Febrero CIRCULATION | Argentina Sur Journal Daniela Ikawa. International Network on Economic, Social PRINTING and Cultural Rights / Columbia University | United States AlphaGraphics SUR. Revista Internacional de Direitos Humanos, São Paulo, SP: Rede Universitária de Direitos Humanos, [2004-2015] SUR. Revista Internacional de Direitos Humanos, São Paulo, SP: Associação Direitos Humanos em Rede, 2015- SUR is covered by the following abstracting and indexing services: IBSS (International Bibliography of the Social Sciences); DOAJ (Directory of Open Access Journals) and SSRN (Social Science Research Network). In addition, SUR is also available at the following commercial databases: EBSCO, HEINonline, ProQuest and Scopus. SUR has been rated A2, both in Colombia and in Brazil (Qualis). SUR. International Journal on Human Rights / Associação Direitos Humanos em Rede – Vol.1, No.1, January 2004 – Sao Paulo, 2004 - . Biannual ISSN 1806-6445 (Printed) ISSN 1983-3342 (Online) Published in English, Portuguese and Spanish. 1. Human Rights 2. UN I. Associação Direitos Humanos em Rede CONTENTS THE SUR FILE ON INTERNET AND DEMOCRACY Digital sovereignty RENATA ÁVILA PINTO 15 or digital colonialism? TED PICCONE 29 Democracy and digital technology ANITA GURUMURTHY 39 Democracy and the algorithmic turn & DEEPTI BHARTHUR Building a movement JONATHAN PERRI 51 for net neutrality “Net neutrality is part of DAVID KAYE 61 the overall struggle for human rights in a digital age” MARCIO MORETTO RIBEIRO 69 Fake news: what it is & PABLO ORTELLADO and how to deal with it Is social media good CASS SUNSTEIN 83 or bad for democracy? LUCY PURDON 91 A very secret ballot MARIANA VALENTE 101 Are we going to feminise the internet? & NATÁLIA NERIS Online public engagement REEM AL MASRI 117 in Jordan ESSAYS State violence: RAIANE PATRÍCIA S. ASSUMPÇÃO 129 seeking access to justice FERNANDA DE MAGALHÃES DIAS FRINHANI JAVIER AMADEO ALINE LÚCIA DE ROCCO GOMES DÉBORA MARIA DA SILVA VALÉRIA AP. DE OLIVEIRA SILVA NATHÁLIA OLIVEIRA 147 Drug policy is a women’s issue & LUCIA SESTOKAS CONVERSATIONS “Human rights impact assessments JUAN PABLO BOHOSLAVSKY 163 must be part of economic reforms” IMAGES CHRISTY CHOW 170 Hong Kong Human Rights Art Prize MOK TING YAN VIVIEN Justice Centre Hong Kong JENNIFER LAI CING YAN LEO KWOK NG PUI YAN ESTHER LIT WING HUNG KONG KA YAN VERA CHIU VOICES MARIELLE FRANCO 187 “Pacification” for whom? DEBORAH DOANE 193 What happens when a giant sneezes? LETTER TO THE READERS OLIVER HUDSON & MARYURI MORA GRISALES Editors | Sur International Journal on Human Rights MARIANA VALENTE & NATÁLIA NERIS Guest Editors | Internet Lab FÁBIO BALESTRO Guest Editor | Friedrich Ebert Foundation THE SUR FILE ON Internet penetration rates continue to climb year on year, with INTERNET AND an estimated 54.4 per cent of the world’s population online at DEMOCRACY the end of 2017. Compared to the year 2000, when just 5.4 per cent of us were online, this represents a staggering growth of over 1000 per cent in just over 8 years.1 2018 is a bumper election year – with elections taking place in various counties around the world including Brazil, Colombia, Costa Rica, Egypt, Mexico, Russia and Turkey. While most of us would acknowledge that the Internet is indeed having an impact on democracy, harder to articulate is perhaps exactly how this is happening. The contributions to the Sur File on Internet and Democracy do exactly this, unpacking the various ways that the web is weaving its way into the democratic process around the world. The overarching message that comes across in all texts is that policy makers – both in the public and private spheres – are falling behind and this needs to be urgently addressed to ensure we harness the positive elements of the Internet and limit the negatives. TAMING THE BEAST Kicking off the Sur File, Renata Ávila (Guatemala) argues that before examining questions of privacy and security, we need to take a step back and take a more macro view and recognise that we are at risk of entering a new colonial age, that of digital 5 colonialism. Global South countries in particular are increasingly held hostage by a small group of countries and companies who posses the majority of technological knowledge. To avoid this from happening, Ávila calls for urgent action to be taken both at the national, regional and international level to ensure that less powerful countries retain their digital sovereignty. Echoing the need for urgent action at different levels, Ted Piconne (US) focuses on how governments and the private sector are struggling to keep up with digital technology specifically in relation to free and fair elections, human rights, and Internet governance. He offers a concrete set of policy recommendations, including action points for civil society, that he sees as imperative to harness the benefits of technology. Anita Gurumurthy and Deepti Bharthur (India) analyse how the the misuse of algorithms by public
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