unlawful actions by external actors that constitute violations of a state’s sovereignty or an act of violence may at the same time result in a violation of human rights. Freedom of speech and right to privacy require special protection in cyberspace. As the European Court of Human Rights pointed enhancing the public’s access to news out, “the Internet plays an and facilitating the dissemination important role in of information in general”.‘® Depriving individuals of access to the Internet or specific websites may constitute a violation because, as the Court emphasised, “user-generated expressive activity on the Internet provides an unprecedented platform for the exercise of freedom of expression”.?? At the same time, it must be taken into account that such rights may be subject to restrictions necessary in a democratic society, in particular due to public security interest, protection of public order, health and morality or the protection of rights and freedoms of other persons. Protection of international human rights law in the context of cyberspace requires efforts for the open and safe Internet. Respecting sovereignty in cyberspace must not serve as an excuse for violations of international human rights law. The effective protection of human rights requires that a state refrain from unjustified interference with rights and freedoms exercised on the Internet, and in some circumstances it requires positive actions aimed guaranteeing effective execution and protection of human rights on the Internet. at 8. The norms of international humanitarian law apply to cyberspace The norms of international conflict, an humanitarian international or humanitarian non-international law (IHL)2° apply in the event of an armed one. law include the principle of humanity, The basic principles proportionality, of international military necessity and distinction. The requirements of international humanitarian law apply also to actions carried out in cyberspace during an armed conflict. When taking actions in cyberspace, it is necessary to consider both direct and indirect effects of such operations. 9. Retorsion and countermeasures as a response to harmful actions in cyberspace In accordance with international law, a state has a right to take measures in response to hostile actions in cyberspace that do not reach the threshold of an armed attack??. International practice shows that states may use a range of measures to ensure that law is respected by other actors subject to international law. In particular the state which is 18 Times Newspapers Ltd v. the United Kingdom (No. 1 and 2), applications nos. 3002/03 and 23676/03, ECHR judgment of 10 March 20097: 19 Cengiz and Others v. Turkey, application no. 48226/10 and 14027/11, ECHR judgment of 1 December 2015, § 52. 20 These are expressed in particular in four Geneva Conventions of 1949 and two Additional Protocols of 1977 and in customary international law. 21 It is illustrated by Council Decision (CFSP) 2019/797 of 17 May 2019 concerning restrictive measures against cyber-attacks threatening the Union or its Member States, which “establishes a framework for targeted restrictive measures to deter and respond to cyber-attacks with a significant effect which constitute an external threat to the Union or its Member States” (recital 7).