Human Right Criticism about Freedom of Speech and Freedom of Expression on the draft United Nations Convention Against Cybercrime

Abstract

Cybercrime is a threat to national and regional security. There are many types of cybercrime, and cyber threats are increasing rapidly with the development of technology. Many countries have worked together to solve the problem, especially the European Union, which has agreed to the Convention on Cybercrime. However, cybercrime is still a problem that all countries are currently facing. Therefore, the United Nations (UN) has proposed ​​creating a framework for international cooperation to solve this issue by appointing the UN Ad Hoc Committee Negotiating a Treaty on Countering the Use of Information and Communications Technologies for Criminal Purposes: AHC. However, the human rights issue in the draft United Nations Convention against Cybercrime still concerns the international community, especially regarding freedom of speech or expression. There are problems with the draft convention, namely the problem of definition, scope, exemption from child offenses, search and seizure of stored data, and conditions and protections for international cooperation and legal assistance. The Office of the High Commissioner for Human Rights (OHCHR) and other NGOs recommend explicit references to relevant human rights treaties, provisions protecting human rights principles, a clear and narrow scope of criminal offenses under the Cybercrime Convention, an exception to child offenses, and clear provisions to avoid abusive measures.