RWB and the OSCE Make Six Recommendations to Ensure Freedom of Expression on the Internet
Uncategorized Comments (0)
Should the Web be Filtered?
This declaration by Reporters Without
Borders and the representative of the Organisation for Security and Cooperation in Europe (OSCE) on Freedom of the Media aims to deal with the main issues facing countries seeking to regulate online
activity.
Should the Web be filtered? Can online publications be forced to
register with the authorities? What should the responsibility of service
providers (ISPs) be? How far does a national jurisdiction extend?
Reporters Without Borders thinks the six recommendations go beyond Europe
and concern every country. It hopes they will provoke discussion in the run-up
to the World Summit on the Information Society (WSIS).
Full text of the Declaration :
1. Any law about the flow of information online must be anchored in the
right to freedom of expression as defined in Article 19 of the Universal
Declaration of Human Rights.
2. In a democratic and open society it is up to the citizens to decide
what they wish to access and view on the Internet. Filtering or rating of
online content by governments is unacceptable. Filters should only be
installed by Internet users themselves. Any policy of filtering, be it at
a national or local level, conflicts with the principle of free flow of
information.
3. Any requirement to register websites with governmental authorities is
not acceptable. Unlike licensing scarce resources such as broadcasting
frequencies, an abundant infrastructure like the Internet does not
justify official assignment of licenses. On the contrary, mandatory
registration of online publications might stifle the free exchange of
ideas, opinions, and information on the Internet.
4. A technical service provider must not be held responsible for the mere
conduit or hosting of content unless the hosting provider refuses to obey
a court ruling. A decision on whether a website is legal or illegal can
only be taken by a judge, not by a service provider. Such proceedings
should guarantee transparency, accountability and the right to appeal.
5. All Internet content should be subject to the legislation of the
country of its origin (“upload rule”) and not to the legislation of the
country where it is downloaded.
6. The Internet combines various types of media, and new publishing tools
such as blogging are developing. Internet writers and online journalists
should be legally protected under the basic principle of the right to
freedom of expression and the complementary rights of privacy and
protection of sources.
Reporters Without Borders defends imprisoned journalists and press freedom throughout the world, as well as the right to inform the public and to be informed, in accordance with Article 19 of the Universal Declaration of Human Rights. Reporters Without Borders has nine national sections (in Austria, Belgium, France, Germany, Italy, Spain, Sweden, Switzerland, and the United Kingdom), representatives in Abidjan, Bangkok, Istanbul, Montreal, Moscow, New York, Tokyo and Washington and more than a hundred correspondents worldwide.
@ June 20, 2005