The China Dilemma: Internet Censorship and Corporate Responsibility

Asian Journal of Comparative Law, Vol. 4, No. 1, 2009

UNSW Law Research Paper No. 2008-57

23 Pages Posted: 15 May 2009

See all articles by Justine Nolan

Justine Nolan

University of New South Wales (UNSW) - UNSW Law & Justice; Australian Human Rights Institute

Date Written: September 24, 2008

Abstract

The ever increasing nexus between human rights and business and the accompanying vagueness of concepts such as a company’s ‘sphere of influence or responsibility’ for human rights can, and has, created anxiety amongst companies. Considerations of human rights traditionally take place in the context of a state-based system of global governance; however, the rise and rise of the corporation as a powerful non-state actor in recent decades has seen increased interest in understanding the emerging relationship between human rights and business and what if any, responsibility business should assume for protecting human rights. This article considers the role played by US technology companies such as Yahoo, Google and Microsoft in working with the Chinese government to censor Internet content and thus intrude on the human rights to freedom of expression and opinion and the right to privacy. It concludes by focusing on the practicalities of protection and how human rights responsibilities might be apportioned between states and business and if so, how, when and why such an obligation might ensue.

Keywords: Corporations, Human Rights Law

Suggested Citation

Nolan, Justine, The China Dilemma: Internet Censorship and Corporate Responsibility (September 24, 2008). Asian Journal of Comparative Law, Vol. 4, No. 1, 2009, UNSW Law Research Paper No. 2008-57, Available at SSRN: https://ssrn.com/abstract=1402442

Justine Nolan (Contact Author)

University of New South Wales (UNSW) - UNSW Law & Justice ( email )

Kensington, New South Wales 2052
Australia

Australian Human Rights Institute ( email )

Australia
0425260496 (Phone)
2052 (Fax)

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