Guide to Human Rights for Internet Users

(and beyond)

Ukrainian IGF - Kyiv, 3 October 2014

International contect – why the Council of Europe?

• CoE standards (EU acquis) and commitments (under ECHR, etc)

• CoE proven experience and results needed in international context

• Additional benefit CoE standards will be phased into cooperation activities

• Other international initiatives ane events – Freedom Online Coalition etc.

A Guide to Human Rights

• Based on the European Convention of Human Rights

• Interpretations of case law of European Court of Human Rights

• Based on existing rather than new legislation• Multi-stakeholder process• Agreed by all 47 Member States

For whom, what for?

• Provide guidance for Internet users how their rights apply online

• Help government to understand their obligations

• Strengthen corporate social responsibility of private sector

• Platform for national debates on promotion of the human rights of Internet users

What kind of rights?

• Access and non-discrimination

• Freedom of expression and information

• Assembly, association and participation

• Privacy and data protection

• Education and literacy

• Children and young people

Access and non-discrimination

• Disconnection only by court order or based on contractual arrangements

• Affordable access and no discrimination by content (net neutrality)

• Specific measures for people with special need (geographic location, disability)

• No discrimination on any grounds: gender, race, colour, language, religion etc.

Assembly, association

• freedom to choose the means to join, mobilise or join social groups/assemblies

• Right to protest peacefully online, some action may lead to legal consequences

• E-democracy – freedom to use available online tools to participate in local, national and global public policy debates

Freedom of expression

• Freedom to express yourself and access information, also what may be regarded as offensive

• Restrictions to expressions that incite discrimination hate or violence

• Public authorities and internet service and online content providers have obligations;

• Right for anonymity that may be lifted

Privacy and data protection

• Regular processing of personal data, public authorities and private companies have obligations

• Users consent or law needed for the processing of data

• Only exceptional circumstances for interception of the personal data

• Right for assistance by data protection authorities

Education and literacy

• Online access to education and to cultural, scientific and other content in official languages

• Free access to publicly funded research and cultural works, copyright conditions may apply for private content

• Right for access to digital education and knowledge

Effective Remedies

• Right for remedy when human rights are restricted or violated

• Not necessarily legal action, can also be obtained from service providers, public authorities or human rights institutions

• Remedies could include: inquiry, explanation, reply, correction, apology, reinstatement, reconnection and compensation

Remedies in practice

• Internet service/content provider should provide easily accessible information about rights

• Public authorities, should give additional information and guidance, if need be protect the user from criminal activity

• In case of court proceedings, right for fair trial and right to an individual application to the European Court of Human rights

Implementing the Guide

• Empowering Internet users

• Assisting Member States

• Reinforcing trust in online services

• Building stakeholder capacity

• Monitoring

Partners, budget

• National institutions

• International organisations

• Media

• Private companies

• Civil society

• Funding status: ???

Web-site

http://www.coe.int/en/web/internet-users-rights/

Contact

Tanel Tang

Deputy to the Permanent Representative

Permanent Representation of Estonia to the CoE

tanel.tang@mfa.ee

+33 777266769

Skype: taneltang