Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements

Similar to other targets under SDG 16, there are several themes under Target 16.10 that are significant both collectively and independently. The Office of the United Nations High Commissioner for Human Rights (OHCHR) together with the International Labour Organization (ILO) and United Nations Education, Scientific and Cultural Organization (UNESCO) are responsible for the themes within Target 16.10. These themes are underpinned by core UN instruments including the International Bill of Rights which comprises the Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Target 16.10 has a significant impact on all businesses and on the communities in which they have an interest or operate. To be sure, these instruments are foundational to the UN Guiding Principles on Business and Human Rights (UNGPs) and as such, are foundational to business’ responsibility to respect and support human rights and fundamental freedoms — and indeed to the overall focus of SDG 16 on peace, justice and strong institutions and to this target in particular.

A key dimension of good governance is the ability for the public to freely access information on which to base personal decisions and to make political choices, among other things. According to UNESCO, as many as 127 countries have adopted access to information laws in 2020 compared to only 14 countries in 1990, reflecting its growing importance worldwide. The right to information held by public authorities and reflected in relevant legislation is a critical component of freedom of expression and Government accountability and transparency. Consistent with Targets 16.4, 16.5 and 16.6, this target requires there to be greater transparency in the flow of information to the general public with respect to such things as making public procurement public; ultimate beneficial ownership of complex corporate structures; and the quantity and quality of information that is released in the public interest. And if we have learned anything from such scandals as Operation Car Wash, Panama Papers and the disinformation arising from the COVID-19 pandemic, it is that dissemination of information that is accurate and timely not only protects the public but also builds trust in public and private institutions. 

The protection of fundamental freedoms is a core tenet of the International Bill of Rights and, by extension, the UNGPs as it relates to businesses. While fundamental freedoms may be interpreted differently in various contexts and countries, the United Nations generally relies on the International Bill of Rights to define its scope which has been largely inspired by “The Four Freedoms” — the freedom of expression, freedom of worship, freedom from want and freedom from fear. The Four Freedoms were proclaimed with the creation of the United Nations 75 years ago and they are as true today as ever before. 

Fundamental freedoms are inclusive of, and dependent on, one’s ability to express themselves — individually or collectively — in response to economic, social, environmental or political issues. As noted in the introduction to this Framework, the civic space is coming under increasing pressure. One only needs to read the headlines to see that there has been a rise in civil unrest and dis/misinformation and a decline in the rule of law and public trust in institutions. 

All of these events have resulted in a significant clampdown on the freedom of assembly and expression online by way of internet shutdowns and on the streets by way of excessive force with an increase in attacks and killings of activists and journalists who dedicate their lives to shedding light on important issues in developed and developing countries. The situation has been further exacerbated by the COVID-19 pandemic with some Governments placing excessive restrictions on fundamental freedoms under the guise of public health and safety. 

Businesses have a vested interest in the types of issues these sacrifices are being made for with activists and journalists serving as “the canary in the coalmine” and exposing the civil, economic and political risks that limit a business’ ability to operate in a free, open and secure society. These issues include, but are not limited to, bribery and corruption and other forms of organized crime (Targets 16.4 and 16.5); gender inequality (SDG 5); indigenous rights and racial and social inequality (SDG 10); child and labour rights (SDG 8 and Target 16.2); climate justice and environmental protection (SDG 13); and the protection of democratic processes, including freedom of the press (or “the fourth estate”), the right to assembly and the right to vote. All of these efforts seek to protect the rule of law and access to justice for all (Target 16.3) and ensure we are all governed by accountable, effective, inclusive, participatory, responsive and transparent institutions at all levels — including public and private (Targets 16.6 and 16.7). 

The business community is increasingly recognizing the value of the civic space in defending fundamental freedoms and strengthening the enabling environment. To be sure, Governments, civil society and businesses have an interest in ensuring that everyone has the opportunity to participate in, promote and protect not only those fundamental freedoms but also the rule of law and accountable governance — as well as peace, justice and strong institutions on which they depend. This convergence of interests is highlighted in the OHCHR report Civil Society Space: Engagement with International and Regional Organizations, which focuses on the roles played by different organizations to support civil society space. The normative responsibility to act in certain circumstances (consistent with the UNGPs) and the discretionary opportunity to act in other situations informed by the business case is set forth in the guidance Shared Space Under Pressure: Business Support for Civic Freedoms and Human Rights Defenders.  

The role of businesses in achieving Target 16.10, particularly in this moment, is crucial for a variety of reasons ranging from access to information and the internet to the protection of privacy and other fundamental freedoms. 

The meteoritic rise in social media and the steady decline of traditional media has presented a new age of disinformation and hate speech (and fueled hate crime and other forms of violent extremism). With the proliferation of where the public sources its information, the information, technology and communications (ICT) sector serves as a critical gatekeeper and as such, bears a special responsibility to ensure that this information is accessible, accurate, impartial, responsible and timely. Interestingly, the Edelman Trust Barometer Special Report on COVID-19 highlighted that following the recent crisis, many people are turning to a broader range of businesses — including their employers or service providers — for trusted information and solutions that affect their lives and livelihoods. 

Another important dimension worthy of consideration by businesses is that of equitable access to the internet. According to the Alliance for Affordable Internet (A4AI) 2020 Affordability Report, billions of people from around the world are kept offline by the cost to connect and other impediments to access. A4AI calls for Governments to develop effective national broadband plans to make internet access more affordable and enable more people to connect. Businesses can play a critical role in supporting Governments to provide underserved communities with access to the internet and open untapped markets for talent and trade. 

Conversely, there is the more ominous issue of Governments shutting down the internet for those who would otherwise have access in order to restrict their rights to freedom of information, expression or assembly online or on the streets. ICT companies grapple with the dilemma of being legally obligated to comply with such requests by a Government, and some Governments are going further to reform cybersecurity laws in order to impose further restrictions on such freedoms. The Global Network Initiative (GNI), a multi-stakeholder initiative of ICT companies, civil society groups, investors and academic experts, implements standards to protect freedom of expression and the right to privacy in the face of Government requests for user data.  GNI and other business leaders have openly condemned such shutdowns, restrictions and reforms. This focus leads to another key theme under Target 16.10 that businesses can implement with respect to the protection of fundamental freedoms.  

In addition to the ICT sector, businesses across many sectors are now increasingly in possession of sensitive personal information, including certain demographic data, consumption habits, political persuasion, health data, sexual orientation and a host of other personal attributes. Businesses are increasingly expected, and in some jurisdictions (such as the European Union) are required — to take measures to protect the fundamental right to privacy (and the right to be forgotten) of their customers, employees and communities.

Given the events of recent years and 2020 in particular, businesses are increasingly recognizing the importance of the civic space as a condition precedent for thriving markets and societies. As noted, there are multi-stakeholder standards such as the GNI, Ranking Digital Rights ("RDR") and operational decision-making frameworks such as the Shared Space Under Pressure: Business Support for Civic Freedoms and Human Rights Defenders to guide businesses in understanding what role they can play to respect and support accountable governance, rule of law and civic freedoms — and ultimately contribute to the achievement of Target 16.10. 

Similar to the rule of law, access to information and protection of fundamental freedoms are inherently relevant to all industries and are essential for profitable, sustainable business and investment environments. When those elements of the shared civic space come under pressure or attack, economic and political risks intensify and diminish a business’ ability to operate, innovate and expand.

Similar to the rule of law, access to information and protection of fundamental freedoms are inherently relevant to all aspects of the Ten Principles of the UN Global Compact and all of the Sustainable Development Goals.