|
|
Member Statement on "Impact of
Self-Regulation and Filtering on Human Rights to Freedom
of Expression"
Presented to OECD "Internet Content Self-Regulation
Dialogue," 25th March 1998, in Paris.
Principles
The Global Internet Liberty Campaign is a group of human
rights and civil liberties organisations which advocate the
following:
- Prohibiting prior censorship of on-line
communication.
- Requiring that laws restricting the content of online
speech distinguish between the liability of content
providers and the liability of data carriers.
- Insisting that on-line free expression not be
restricted by indirect means such as excessively
restrictive governmental or private controls over
computer hardware or software, telecommunications
infrastructure, or other essential components of the
Internet.
- Including citizens in the Global Information
Infrastructure (Internet) development process from
countries that are currently unstable economically, have
insufficient infrastructure, or lack sophisticated
technology.
- Prohibiting discrimination on the basis of race,
colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or
other status.
- Ensuring that personal information generated on the
Internet for one purpose is not used for an unrelated
purpose or disclosed without the person's informed
consent and enabling individuals to review personal
information on the Internet and to correct inaccurate
information.
- Allowing on-line users to encrypt their
communications and information without restriction.
We, the undersigned members of the Global Internet
Liberty Campaign consider that the following issues are
important with respect to Content and Conduct on the
Internet.
Human Rights Doctrines Protecting Freedom of Expression
are Fully Applicable to the Internet
International human rights law enshrines the rights to
freedom of expression and access to information. These core
documents explicitly protect freedom of expression "without
regard to borders," a phrase especially pertinent to the
global Internet:
- "Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart
information and ideas through any media, and regardless
of frontiers."
Article 19, Universal Declaration of Human
Rights
- "Everyone shall have the right to freedom of
expression; this right shall include freedom to seek,
receive, and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in
print, in the form of art, or through any other media of
his choice."
Article 19, International Covenant on Civil and
Political Rights
- "Everyone has the right to freedom of expression.
This right shall include freedom to hold opinions and to
receive and impart information and ideas without
interference by public authority and regardless of
borders."
Article 10, European Convention for the Protection of
Human Rights and Fundamental Freedoms
Freedom of speech is fundamental on the Internet
The Internet is a unique communication medium and is more
than a meer industry. Like no other medium before, it allows
individuals to express their ideas and opinions directly to
a world audience, while allowing them access to other ideas,
opinions and information to which they may not otherwise
have access.
While the mass media usually responds to the economic and
political interests of those who control it, such controls
do not presently exist on the Internet. Here, citizens from
the most repressive regimes are able to find information
about matters concerning their governments or their human
rights records that no local newspaper may dare print, while
denouncing the conditions under which they live, for the
world to hear. The Internet allows us an intimate look at
other countries, other people and other cultures which few
before were ever able to attain. This power to give and
receive information, so central to any conception of
democracy, can be truly achieved on the Internet, as nowhere
before.
This unprecedented power, however, can be very
threatening to repressive regimes. Traditional methods of
censorship - embargoing newspapers, threatening journalists,
closing down presses - do not work on the Internet - the
censoring techniques that these regimes will engage in, and
their rationalisations, are not as well unknown, but they
can be just as destructive.
Free Expression on the Internet Enhances
Democracy, Culture, and the Economy
- The vast majority of Internet use is for legitimate
purposes;
- The effect of access and use of this global
interactive medium has been to promote and defend civil
and political rights worldwide;
- The experiences of communities in different countries
indicates that few things could be more threatening to
authoritarian regimes than access and use of the medium
which knows no boundaries and is very hard to
control;
- On the Internet, citizens are not mere consumers of
content but also creators of content and the content on
the Internet is as diverse as human thought. (from the
judgment against the US Communications Decency Act);
and
- Individuals and communities have been using the
new-found freedom online to link, interact and work
collectively in this global work space. This fundamental
shift in power has created a possibility for every
individual to be a publisher.
Anonymity
Central to free expression and the protection of privacy
is the right to express political beliefs without fear of
retribution and to control the disclosure of personal
identity. Protecting the right of anonymity is therefore an
essential goal for the protection of personal freedoms in
the online world.
The right of anonymity is recognized in law and accepted
by custom. It has been an integral part of the growth and
development of the Internet. Some governments are working to
extend techniques for anonymity. The Netherlands and the
Canadian provence of Ontario are pursuing a study on
anonymity. The German government has recently adopted
legislation that would encourage the adoption of anonymous
payments systems for the Internet.
But other efforts are underway to establish mandatory
identification requirements and to limit the use of
techniques that protect anonymity. For example, the G-8
recently considered a proposal to require caller
identification for Internet users. Some local governments
have also tried to adopt legislation that would prohibit
access to the Internet without the disclosure of personal
identity.
- Governments should not require the identification of
Internet users or restrict the ability to express
political beliefs on the Internet anonymously
- Efforts to develop new techniques to protect
anonymity and indentity should be encouraged
- The governments of Canada, Germany, and the
Netherland are to be commended for their recent efforts
to suppport anonymity
- ISPs should not establish unnecessary indentification
requirements for customers and should, wherever
practicable, preserve the right of users to access the
Internet anonymously.
"Self-Regulation", Criminal Law and the Need for Due
Process
As with any other sphere of human interaction, criminal
activity exists online, as well as offline. The role of an
Internet Service Provider is crucial for access to the
Internet and because of the crucial role that they play they
have been targeted by law enforcement agencies in many
countries to act as content censors.
While Internet Service Providers ought to provide law
enforcement reasonable assistance in investigating criminal
activity, confusing the role of private companies and police
authorities risks substantial violation of individual civil
liberties.
"Self-regulation" in the context of the
Internet is a misnomer
In the normal sense of the phrase "self-regulation" is
when a group of people, or companies decide that in their
own best interest, they should themselves regulate how they
go about their joint interests. In the eyes of those who
would see the "Internet Industry" "self-regulate", the
"industry" must include all content providers, which
includes many who's only connection with the Internet is
that they use it. What is being suggested in the name of
"self-regulation" is not that ISP's should as a group
regulate their own behaviour, but that of their
customers.
What is often promoted as Internet "self-regulation" is
nothing of the sort. Rather it is "privatised censorship".
That's not "private", but "privat-ISED," referring to the
fairly common occurrence of having a formerly direct
government function turned over to administration by a
private agency. It's a more sophisticated means of achieving
the same goal. The backing is still state power and
government threat, but the actual implementation and
mechanics of the suppression of material is delegated to a
trade group.
"Self-regulatory" regimes ought not to place
private ISPs in the role of police officers for the
Internet
While we applaud the efforts of ISPs that provide
responsible assistance to police in the investigation of
crime, it is essential that private entities not take on the
role of police or prosecutors.
- Due process: "Self-regulatory" regimes in which a
group of ISPs combine to remove possibly illegal material
in advance of legal judgement by competent public
authorities denies individual speakers due process and
risks substantial suppression of protected, though
possibly controversial, speech. No matter how careful the
guidelines employed by such groups are, the act of
removing speech from the Internet on the theory that it
might be illegal, without a legal finding to that
effect, is an inappropriate suppression of speech.
Moreover, if such a self-regulatory regime has the
general support of the government, it may even constitute
state censorship.
- Incentive for "self-regulators" to over-censor: When
ISPs come together to self-regulate certain classes of
content in exchange for some limit on legal liability for
that content, the overwhelming pressure will be to censor
more material, rather than less, in an effort by
ISPs to be certain that they have removed any material
that might be illegal. Where ISPs are dependent on
government grants of liability limitations, their
"self-regulating" actions must satisfy the perceived
demands of law enforcement, even if this results in
removal of legal, protected speech.
- A recent EU communication paper stated that ISPs play
a key role in giving users access to Internet content. It
should not however be forgotten that the prime
responsibility for content lies with authors and content
providers. Blocking access at the level of access
providers has been criticised by the EU communication
paper on the ground that these actions go far beyond the
limited category of illegal content and such a
restrictive regime is inconceivable for Europe as it
would severely interfere with the freedom of the
individual and its political traditions.
"Self-regulatory" regimes have not yet proven
effective
Initial reports from "self-regulatory" systems cast doubt
on their effectiveness and suggest that the only effective
way to combat crime such as child pornography is with well
trained police. The two most important hotlines in Europe,
the Dutch hotline and the UK hotline, have observed that
despite the large amount of complaints they receive, this
amount is tiny compared to the vast volume available on the
Internet. The effects these hotlines have on dissemination
of illegal content is also tiny. The Dutch Hotline, in its
annual report, warned that it had absolutely no effect on
distribution of illegal content in chat-boxes and E-mail,
and that its influence on such distribution in newsgroups
was very limited. And, according to the Internet Watch
Foundation Annual Report, of the 4300 items blocked by
private action, "[o]nly the few articles appearing
to have originated in the UK are suitable for investigation
and action by the UK police." Thus with little measurable
law enforcement impact, thousands of presumable legal items
were nevertheless removed from the Internet.
Filtering, Rating and Labeling Systems Pose Risks to the
Free Flow of Information and Can Be Used by Governments to
Violate Human Rights
Blocking, filtering, and labelling techniques can
restrict freedom of expression and limit access to
information.
Specifically, such techniques can prevent individuals
from using the Internet to exchange information on topics
that may be controversial or unpopular, enable the
development of country profiles to facilitate a
global/universal rating system desired by governments, block
access to content on entire domains, block access to
Internet content available at any domain or page which
contains a specific key-word or character string in the URL,
and over-ride self-rating labels provided by content
creators and providers.
- Government-mandated use of blocking, filtering, and
label systems violates basic international human rights
protections: No matter what the means, government
restriction on speech or access to speech of others
violates basic freedom of expression protections.
- Global rating or labeling systems squelch the free
flow of information: Efforts to force all Internet speech
to be labelled or rated according to a single
classification system distorts the fundamental cultural
diversity of the Internet and will lead to domination of
one set of political or moral viewpoints. Such systems
will either be easy to use and not have enough categories
for all cultures or it will have so many categories to
cater for all cultures that it will be unusable. These
systems are antithetical to the Internet and should be
rejected.
- Infrastructure distortions to force labeling must be
rejected: Extra-legal means of forcing individuals to use
filtering, labels or ratings such as ratings requirements
in search engines or default settings in browsers
restrict the free flow of information online and distort
the basic openness of the Internet.
- Transparency must be maintained: Users must be made
aware if their Internet access is being filtering, and,
if so, based on what filtering system. They must also be
able to diable the filtering at any point.
- White lists, rather than black list are preferable:
Access to a variety of tools which make positive
suggestions (white lists) pointing to certain content,
rather than blocking content (black lists), should be
encouraged.
- Filtering is inappropriate in public educational
institutions and libraries.
- Diversity is essential: To the extent that
individuals choses to employ filtering tools, it is vital
that they have access to a wide variety of such
tools.
For More Information
List of Signatories
|