數(shù)字平臺(tái)治理指南（英）

Guidelines

for

theGovernance

of

Digital

PlatformsSafeguardingfreedomofexpressionandaccesstoinformationthroughamultistakeholderapproachPublished

in

2023

by

the

United

Nations

Educational,

Scienti?c

and

CulturalOrganization,7,placedeFontenoy,

75352Paris07SP,

France?UNESCO2023ISBN978-92-3-100620-3This

publication

is

available

in

Open

Access

under

the

Attribution-ShareAlike

3.0

IGO

(CC-BY-SA

3.0

IGO)license

(/licenses/by-sa/3.0/igo/).

By

using

the

content

of

this

publication,

theusers

accept

to

be

bound

by

the

terms

of

use

of

the

UNESCO

Open

Access

Repository

(http://en.unesco.org/open-access/terms-use-ccbysa-en).The

designations

employed

and

the

presentation

of

material

throughout

this

publication

do

not

imply

theexpression

of

any

opinion

whatsoever

on

the

part

of

UNESCO

concerning

the

legal

status

of

any

country,territory,cityorareaorofitsauthorities,orconcerningthedelimitationofitsfrontiersorboundaries.The

ideas

and

opinions

expressed

in

this

publication

are

those

of

the

authors;

they

are

not

necessarilythoseofUNESCOanddonotcommittheOrganization.Cover,

Typeset

and

Graphic

Design:

LuizaMaximoIllustrations:

PlasticHorse/GrandMatterPrintedbyUNESCOPrintedin

ParisS

H

O

R

T

S

U

M

M

A

R

YGuidelines

for

an

Internet

for

TrustSafeguarding

freedom

of

expression

and

the

right

to

information

whiledealing

with

dis-

and

misinformation,

hate

speech,

and

conspiracytheoriesrequiresamultistakeholderapproach.This

is

the

reason

why

UNESCO,

the

leading

UN

agency

for

thepromotion

and

protection

of

freedom

of

expression

and

to

information,islaunchingGuidelinesfortheGovernanceofDigitalPlatforms.The

Guidelines

outline

a

set

of

duties,

responsibilities

and

roles

forStates,

digital

platforms,

intergovernmental

organizations,

civil

society,media,

academia,

the

technical

community

and

other

stakeholders

toenable

the

environment

where

freedom

of

expression

and

informationareinthecoreofdigitalplatformsgovernanceprocesses.TheGuidelineswere

produced

through

a

multi-stakeholderconsultation

that

gathered

more

than

10,000comments

from

134

countries.

These

global-scale

consultations

fostered

inclusiveparticipation,

ensuring

a

diversity

ofvoicesto

beheard,includingthosefromgroups

in

situation

of

marginalizationandvulnerability.10,000COMMENTS

FROMCultivating

an

Internet

of

Trust

is

a

sharedresponsibility

among

all

stakeholders.

Itcalls

upon

us

all

to

sustain

an

enablingenvironment

for

freedom

of

expression

andtherightto

information.134COUNTRIES“Since

wars

begin

in

the

minds

of

men

andwomen

it

isin

the

minds

of

men

and

womenthat

the

defences

of

peace

must

be

constructed”Guidelines

for

theGovernance

of

Digital

PlatformsSafeguardingfreedomofexpressionandaccesstoinformationthroughamulti-stakeholderapproach68ForewordThe

objective

of

the

Guidelines11Introduction14Structure

of

the

Guidelines16

Enablingenvironment24

Thegovernancesystem35Principle1.PlatformsconducthumanrightsduediligencePrinciple2.Platformsadheretointernationalhuman37

rightsstandards,includinginplatformdesign,contentmoderation,andcontentcuration42

Principle3.Platformsaretransparent46Principle4.Platformsmakeinformationandtoolsavailableforusers48Principle5.Platformsareaccountabletorelevantstakeholders50

Context-speci?c?provisions54Conclusion56Appendix5PrefaceForeword

by

the

Director-General

of

UNESCO,

Audrey

AzoulayPreserving

Freedom

of

Expression

and

Accessto

Information:

Principles

for

a

MultistakeholderApproach

to

the

Governance

of

Digital

PlatformsSeptember2023In

2023,

60%

of

the

global

population,

or

4.75

billion

people,

are

using

social

mediaplatformsto

express,inform,anda?rmthemselves.The

digital

realm,

a

space

of

freedom

and

a

new

forum

for

expression

and

debate,interweavesoursocialrelationships,identities,andlives.These

platforms

have

become

ampli?ers

for

champions

of

equality

and

freedom–givingvoiceto

thevoiceless,offeringahavenfordiverseformsofexpression.However,

these

same

social

networks,

whose

name

holds

so

much

promise,

all

toooftenbecomebubblesofisolation,cocoonsofmisinformation,whichsometimesfosterconspiracytheoriesandextremeviolence.As

virtual

spaces

for

social

interaction,

they

are

beholden

to

algorithms

designed

tomonopolize

our

attention,

inadvertently

favouring

misinformation

and

hate

speechbyprioritizingclicksovercertainty,probabilityoverproof.Yet

if

we

can

no

longer

distinguish

?ction

from

reality,

falsehood

from

truth,

thefoundations

of

our

societies

crumble.

Democracy,

dialogue,

and

debate

–

all

essentialto

addressmajorcontemporarychallenges–becomeimpossible.Faced

with

the

global

nature

of

these

issues,

we

need

to

develop

consistent

responsesaround

the

world,

and

avoid

the

fragmentation

of

regulations

or

approaches

thatcompromisehumanrights.It

is

precisely

this

global

challenge

towhich

UNESCO

must

rise,

for

it

is

at

the

coreofourmandate.Since

our

Organization

was

created,

it

has

worked

to

advance

“the

mutual

knowledgeand

understanding

of

peoples,”

notably

through

“the

free

?ow

of

ideas

by

word

andimage,”

asunderlinedinourConstitution.This

commitment

led

UNESCO

to

publish

guidelines

for

broadcasting

regulation

in2005.

More

recently,

our

Recommendation

on

the

Ethics

of

Arti?cial

Intelligence,6adopted

in

2021

by

our

193

Member

States,

established

a

humanist

framework

fortheevolutionofthistechnology.Staying

true

to

its

values

and

history,

UNESCO

has

worked

to

develop

the

groundbreakingguidelines

presented

in

this

publication.

They

seek

to

combat

misinformation

andhate

speech,

while

promoting

transparency

and

freedom

of

expression

on

platforms.These

efforts

have

been

steered

by

the

Windhoek+30

Declaration

of

2021,

whoseprinciples

were

adopted

by

all

UNESCO

Member

States.

The

Declaration

identi?edthree

pillars

of

action:

championing

platform

transparency,ensuring

media

viability,andfosteringcriticalthinkingamongusers.This

endeavour,

which

culminates

with

these

guidelines,

is

the

result

of

extensiveconsultations,

enriched

by

over

10,000

comments,

making

it

one

of

the

mostcomprehensive

consultations

conducted

by

the

United

Nations.

The

Internet

forTrust

conference,

organized

by

UNESCO

in

February

2023,

alone

brought

togetherover4,000stakeholdersfrom134countries.Theseguidelinesproposefair,

clear,

andsharedmeasures:onlinemoderatorsinalllanguages,

including

indigenous

ones;

greater

transparency

of

platforms

and

their?nancing,

with

better

risk

assessment;

the

establishment

of

independent

regulators;the

promotion

of

critical

thinking;

support

for

gender

equality;

and,

above

all,

thesafeguarding

and

strengthening

of

freedom

of

expression,

cultural

diversity,

andotherhumanrights.Looking

beyond

the

current

realities

of

digital

platforms,

this

text

also

addressesfuturechallenges,especiallythoseposedbygenerativearti?cialintelligence.UNESCO

is

committed

to

assisting

Member

States,

civil

society,

and

major

digitalplayers

in

embracing

this

text,

so

that

platform

operations

fully

align

with

our

valuesandinternationalhumanrightsstandards.Let

us

remain

focused

on

our

goal:

combating

hate

speech

and

misinformation

whilepreservingfreedomofexpression.

Thisisnotacontradiction.Bybolsteringaccessto

free

and

reliable

information,

we

also

enhance

freedom

of

thought

and

expression.In

the

words

of

Hannah

Arendt,

“Freedom

of

opinion

is

a

farce

unless

factualinformationisguaranteedandthefactsthemselvesarenotindispute.”7Guidelines

for

theGovernance

of

Digital

PlatformsSafeguardingfreedomofexpressionandaccesstoinformationthroughamultistakeholderapproachOctober2023The

objective

of

the

Guidelines1.

Building

upon

relevant

principles,

conventions,

and

declarations,

UNESCOdeveloped—through

multistakeholder

consultations

and

a

global

dialogue—the

present

document:

Guidelines

for

the

Governance

of

Digital

Platforms:Safeguarding

freedom

of

expression

and

access

to

information

through

amultistakholderapproach(theGuidelines).12.

The

aim

of

the

Guidelines

is

to

safeguard

the

right

to

freedom

of

expression,including

access

to

information,

and

other

human

rights

in

digital

platformgovernance,

while

dealing

with

content

that

can

be

permissibly

restricted

underinternational

human

rights

law

and

standards.

By

extension,

digital

platformgovernance

that

is

grounded

in

human

rights

would

further

promote

culturaldiversity,

cultural

expression,

and

cultural

diverse

content.2The

Guidelines

outlinea

human

rights-respecting

governance

system

and

promote

risk-mitigation

andsystem-based

processes

for

content

moderation

and

curation.

These

Guidelineshighlight

overarching

principles

that

should

be

followed

in

all

governancesystems

that

impact

freedom

of

expression

and

access

to

information

ondigital

platforms—independently

of

the

speci?c

regulatory

arrangement

and

thethematic

focus,

as

long

as

those

arrangements

arealigned

with

the

provisionsestablishedintheseGuidelines.1.

TheoriginalversionofthisdocumentisinEnglish.2.UNESCO

2005

Convention

on

the

Protection

and

Promotion

of

the

Diversity

of

Cultural

Expressions,articles

1

and4.

UndertheConvention,

“culturalcontent”

referstothesymbolicmeaning,

artisticdimension,

andculturalvaluesthatoriginate

from

or

express

cultural

identities.

Moreover,

“cultural

expressions”

are

those

expressions

that

result

from

thecreativityofindividuals,

groups,

andsocieties,

andthathaveculturalcontent.83.

TheGuidelinesrecognize

thattheapplicationof

rulesandregulations

ineverygovernance

system

must

adhere

to

international

human

rights

standards,including

with

Article

19

(3)

of

the

International

Covenant

on

Civil

and

PoliticalRights

(ICCPR),3

which

provides

that

any

restriction

to

freedom

of

expressionmust

be

provided

by

law,

pursue

a

legitimate

aim

as

set

out

in

the

provision,and

must

be

necessary

and

proportionate;

as

well

as

Article

20

of

the

ICCPRand

other

international

standards,

particularlytheauthoritative

interpretationsofthesetreaties’provisionsbytheUNHumanRightsCommittee,internationaland

regional

human

rights

courts,

and

the

Rabat

Plan

of

Action

on

the

prohibitionof

advocacy

of

national,

racial,

or

religious

hatred

that

constitutes

incitement

todiscrimination,hostility,orviolence.44.

The

Guidelines

focus

on

protecting

and

promoting

human

rights

standards

andenabling

the

existence

of

a

plurality

of

platforms,

including

de-centralized

ones,and

an

ecosystem

that

has

a

diversity

of

content

standards

and

moderationsystems.5.

The

Guidelines

may

serve

as

a

resource

for

a

range

of

stakeholders:

forpolicymakers

in

identifying

legitimate

objectives,

human

rights

principles,

andinclusive

and

participatory

processes

that

could

be

considered

in

policymaking;for

regulatory

and

other

governance

bodies

dealing

with

the

implementation

andevaluationofpolicies,codesofconducts,orregulation;fordigitalplatformsintheir

policiesand

practices;and

forother

stakeholders,suchascivilsociety,intheir

advocacy

and

accountability

efforts.

News

media

can

also

bene?t

fromtheseGuidelinesintheirongoingeffortsto

holdpowerfulactorsaccountable.6.

The

Guidelines

are

designed

to

inform

both

governance

processes

speci?c

tothe

management

of

content

on

digital

platforms,

and

governance

processes

thatare

already

being

implemented

in

other

areas

that

may

have

an

impact

on

theexercise

of

freedom

of

expression

and

access

to

information

and

diverse

culturalcontent

and

should

be

considered

in

light

of

changes

in

the

digital

environment(such

as

elections,

data

protection,

and

antitrust

regulations).

Depending

on

theissue

and

the

jurisdictional

context,

such

governance

processes

may

take

theform

of

a

combination

of

complementary

pillars—self-regulation,

co-regulation,and

statutory

regulation—structured

in

a

manner

consistent

with

internationalhuman

rights

standards

(see

“The

governance

system”

section

below).

Such3.

International

Covenant

on

Civil

and

Political

Rights

(ICCPR).

1966.

/en/instruments-mecha-nisms/instruments/international-covenant-civil-and-political-rights.4.The

Guidelines

should

be

read

in

harmony

with

all

core

international

human

rights

instruments.These

are

outlined

at:/en/core-international-human-rights-instruments-and-their-monitoring-bodies.9governance

processes

should

be

led

in

an

open,

transparent,

multistakeholder,proportional,

and

evidence-based

manner.

To

this

end,

these

Guidelines

shouldbe

a

living

document,

subject

to

periodic

reviews

and

updates,

including

toconsider

the

lessons

learned

from

their

implementation,

as

well

as

subsequenttechnologicalchangesandimpacts.7.

These

Guidelines

are

designed

to

contribute

in

a

practical

way

to

broader

effortsto

realize

ahuman-centredmodelfordigitalgovernance.Theyare

alsopartofthe

broader

toolkit

of

actions

necessary

to

achieve

sustainable

development.Theywill:a.

Encourage

and

contribute

to

the

development

of

global

multistakeholder

networksand

commonspacestodebateand

sharegood

practicesaboutdigital

platformgovernance,gatheringdifferentvisionsandabroadspectrumofperspectives.b.

Serve

as

a

tool

for

all

relevant

stakeholders

to

advocate

for

human

rights-respecting

regulation

and

to

hold

governments

and

digital

platforms

accountable.c.

Advanceevidence-basedandhumanrights-basedpolicyapproaches.d.

Encourage

as

much

worldwide

convergence

as

pOssible

in

platform

governancepoliciesto

avoidinternetfragmentation.8.

The

Guidelines

seek

to

contribute

to

and

be

informed

by

ongoing

UN-wideprocesses,

such

as

the

implementation

of

the

proposals

in

“Our

CommonAgenda.”

This

includes

the

development

of

the

Global

Digital

Compact,5

thepreparationoftheUNSummitoftheFuturetobeheldinSeptember2024,andthe

creation

of

a

Code

of

Conduct

that

promotes

information

integrity

on

digitalplatforms.6

TheGuidelineswillalsofeedintodiscussionsabouttheupcoming20-year

reviewof

the

WorldSummit

on

the

Information

Society

(WSIS)

and

theInternet

Governance

Forum

(IGF).

This

text

has

further

bene?ted

from

and

aimsto

contribute

to

initiatives

led

by

other

international

governmental

organizations,includingthoseofaregionalscope.5.

See

Our

Common

Agenda

Policy

Brief

5,

issued

by

the

UN

Secretary-General,

with

cross

references

to

the

pro-cess

leading

to

these

Guidelines:

/record/4011891/files/%5EEOSG_2023_5%5E--EOS-G_2023_5-EN.pdf.6.

See

Our

Common

Agenda

Policy

Brief

8,

issued

bythe

UN

Secretary-General,

with

cross

references

to

the

processleading

to

these

Guidelines:

/sites//files/our-common-agenda-policy-brief-informa-tion-integrity-en.pdf.10Introduction9.

In

November

1945,

UNESCO

was

created

with

the

mission

of

“contributing

topeace

and

security

by

promoting

collaboration

among

nations

through

education,scienceandcultureinorderto

furtheruniversalrespectforjustice,fortheruleof

law

and

for

the

human

rights

and

fundamental

freedoms

which

are

a?rmedforthepeoplesoftheworld.”710.

UNESCO’s

global

mandate,

which

includes

the

promotion

of

“the

free

?ow

ofideas

by

word

and

image,”

has

guided

the

Organization’s

work

for

nearly

80years—as

a

laboratory

of

ideas,

a

clearing

house,

a

standard-setter,

a

catalystand

motor

for

international

cooperation,

and

a

capacity-builder.

This

history

hasalso

shaped

the

Organization’s

mandate

within

the

United

Nations

system

toprotect

and

promotefreedom

of

expression,

access

toinformation,

and

safetyofjournalists,bothoff-lineandonline.11.

UNESCO’s

ongoing

work

and

commitment

is

to

ensure

that

digital

platformgovernance

protects

and

promotes

freedom

of

expression,

access

to

informationand

diverse

cultural

content,

and

other

human

rights

for

all,

including

groups

insituationsofvulnerabilityandmarginalization.87.Constitution

of

the

United

Nations

Educational,Scientific

and

Cultural

Organization,

Article

1.https://www.unesco.org/en/legal-affairs/constitution#article-ipurposes-and-functions.8.

“Groups

in

situations

of

vulnerability

and

marginalization”

refers

to

children

and

adolescents;

persons

with

disabili-ties;migrants,

refugees,

andasylum-seekers;LGBTIpersons;andolderpersons.1112.

ThisendeavourdrawslessonsfromUNESCO’sdecadesofworkinthedomainof

broadcast

regulation,

as

any

governmental

intervention

that

deals

withcontent

issues—regardless

of

the

source

of

the

content—must

always

includesafeguarding

diversity

and

freedom

of

expression

and

access

to

information

asan

ultimate

goal.

The

Guidelines

also

contribute

to

the

implementation

of

theOrganization’sMedium-TermStrategyfor2022–2029(41C/4).913.

In

2015,

UNESCO’s

General

Conference

endorsed

the

Internet

UniversalityROAM

principles,

which

highlight

the

importance

of

human

Rights,

Openness,Accessibility,

and

Multistakeholder

participation

in

the

development,

growth,and

evolution

of

the

internet.10

These

principles

recognize

the

fundamental

needto

ensurethatonlinespacescontinueto

developandbeusedinwaysthatareconducivetoachievingtheSustainableDevelopmentGoals.14.

A

multistakeholder

approach

to

the

development

and

application

of

sharedprinciples,

norms,

rules,

decision-making

procedures,

and

programmes

thatshape

the

evolution

and

use

of

the

internet

has

underpinned

the

overall

strategyadopted

by

the

UN

system,

including

UNESCO,

since

the

World

Summit

on

theInformation

Society

(2003

and

2005),

and

was

rea?rmed

by

the

UN

GeneralAssemblyduringthetenyearreviewprocessin2015:We

rea?rm,

moreover,

the

value

and

principles

of

multi-stakeholder

cooperationandengagementthathave

characterizedtheWorld

SummitontheInformationSociety

process

since

its

inception,

recognizing

that

effective

participation,partnership

and

cooperation

of

Governments,

the

private

sector,

civil

society,international

organizations,

the

technical

and

academic

communities

and

allother

relevant

stakeholders,

within

their

respective

roles

and

responsibilities,especially

with

balanced

representation

from

developing

countries,

has

beenandcontinuesto

bevitalindevelopingtheinformationsociety.1115.

UNESCO’s

41

General

Conference

endorsed

the

principles

of

the

Windhoek+30stDeclaration

in

November

2021,

following

a

multistakeholder

process

that

began9.

Strategic

Objective

3

of

the

Medium-Term

Strategy

is

to

build

inclusive,

just,

and

peaceful

societies,

including

bypromoting

freedom

of

expression.Strategic

Objective

4

is

to

foster

a

technological

environment

in

the

service

of

hu-mankind

through

the

development

and

dissemination

of

knowledge

and

skills

and

ethical

standards.

https://unesdoc./ark:/48223/pf0000378083.10.

UNESCO.

“InternetUniversalityIndicators.”

/en/internet-universality-indicators.11.

UN

General

Assembly.

2015.

“Outcome

document

of

the

high-level

meeting

of

the

General

Assembly

on

the

overallreview

of

the

implementation

of

the

outcomes

of

the

World

Summit

on

the

Information

Society.“

70/125.

https://unctad.org/system/files/official-document/ares70d125_en.pdf.12at

the

global

celebration

of

World

Press

Freedom

Day

in

May

of

that

year.12TheDeclarationassertedthatinformationisapublicgoodandset,amongthegoals,

three

steps

toguarantee

information

as

a

shared

resource

for

the

wholeof

humanity:

the

transparency

of

digital

platforms,

citizens

empowered

throughmedia

and

information

literacy,

and

media

viability.

In

promoting

the

vision

ofinformation

as

a

public

good,

UNESCO

recognizes

that

this

universal

entitlementis

both

a

means

and

an

end

for

the

ful?lment

of

collective

human

aspirations,including

the

2030

Agenda

for

Sustainable

Development.

Information

empowerscitizens

to

exercise

their

fundamental

rights,

supports

gender

equality,

andallows

for

participation

and

trust

in

democratic

governance

and

sustainabledevelopment,leavingnoonebehind.16.

The

focus

of

the

Guidelines

on

challenges

related

to

freedom

of

expression

andaccess

to

information

and

diverse

cultural

content

in

the

digital

environmentcomplements

the

Organization’s

work

in

the

areas

of

education,

the

sciences,andculture.

Thisincludesbutisnotlimitedto

UNESCO’s

Recommendationonthe

Ethics

of

Arti?cial

Intelligence,13

which

calls

for

international

and

nationalpolicies

and

regulatory

frameworks

to

ensure

that

emerging

technologies

bene?thumanity

as

a

whole,

and

the

2005

Convention

on

the

Protection

and

Promotion

ofthe

Diversity

of

Cultural

Expressions14

and

its

"Guidelines

on

the

Implementationof

the

Convention

in

the

Digital

Environment."

Those

Guidelines

promote

“respectfor

fundamental

freedoms

of

expression,

information

and

communication,

andfor

privacy

and

other

human

rights

as

pre-requisites

for

the

creation,

distributionand

access

to

diverse

cultural

expressions

[including]

artistic

freedom

as

acorollary

to

freedom

of

expression,

the

social

and

economic

rights

of

authorsand

artists

working

in

the

digital

environment

and

the

connectivity

of

all

partnerswith

partners

of

their

choice.”15

The

focus

of

these

Guidelines

also

complementsthe

MONDIACULT

Declaration

of

2022,

which

calls

for

“substantial

regulationof

the

digital

sector,

notably

of

the

major

platforms,”

for

the

bene?t

of

onlineculturaldiversityandfairaccessto

contentforall.1612.

UNESCO.

2021.

Windhoek+30

Declaration:

Information

as

a

public

good.

/ark:/48223/pf0000378158.13.

UNESCO.

2021.

“Recommendation

on

the

Ethics

of

Artificial

Intelligence.”

/ark:/48223/pf0000380455.14.

UNESCO.

2005.

2005ConventionontheProtectionandPromotionoftheDiversityofCulturalExpressions.

https:///creativity/convention.15.

UNESCO.

2017.

“GuidelinesontheImplementationoftheConventionintheDigitalEnvironment.”

https://unesdoc./ark:/48223/pf0000370521.page=92.16.

UNESCO.

2022.“UNESCO

World

Conference

on

Cultural

Policies

and

Sustainable

Development

–

MONDIACULT2022

–

Final

Declaration.”

/sites/default/files/medias/fichiers/2022/10/6.MONDIACULT_EN_DRAFT%20FINAL%20DECLARATION_FINAL_1.pdf.13Structure

of

the

Guidelines17.

The

Guidelines

start

by

describing

the

enabling

environment

needed

to

safeguardfreedom

of

expression,

access

to

information,

and

other

human

rights,

whileensuring

an

open,

safe,

and

secure

environment

for

digital

platform

users

an