April fool's day? Was Re: [governance] APC Statement as IGF II closes

[Meryem Marzouki]

Karen, and all,

Many comments to be made on APC press release of Nov. 15, but this  
one below is of major concern:

Le 15 nov. 07 à 14:53, karen banks a écrit :

> APC statement on the second Internet Governance Forum
> RIO DE JANEIRO, 15 November 2007 – As the second Internet  
> Governance Forum (IGF) draws to a close, the Association for  
> Progressive Communications (APC) is taking stock and formulating  
> suggestions for action, as a way to move the IGF forward.
[...]
>
> - Convene ‘IGF Working Groups’: APC recommends that the IGF uses  
> the format of the WGIG, or bodies such as the IETF (Internet  
> Engineering Task Force) to convene working groups to address  
> complex issues that emerge during a forum. These groups can be made  
> up of individuals with the necessary expertise, and drawn from  
> different stakeholder groups. These groups can then engage specific  
> issues in greater depth, and, if they feel it is required, develop  
> recommendations that can be communicated to the internet community  
> at large, or addressed to specific institutions. .
>
> [...]
> Based on discussions at the IGF II it appears that working groups  
> on the following five issues might be valuable: a) WG on the  
> definition of illegal and harmful content;

Is APC seriously proposing that such a group work on a *definition*  
of illegal content at international level? i.e. a *harmonization* of  
all national laws? I cannot believe this..

Is APC also seriously proposing same thing for harmul content? i.e. a  
*harmonization* of all cultures, religions, beliefs, morals, etc.? I  
cannot believe this either!
May I remind this very famous quote from the European Court of Human  
Rights case law (Handyside v. UK, 1976):

"(…) it is not possible to find in the domestic law of the various  
Contracting States a uniform European conception of morals. The view  
taken by their respective laws of the requirements of morals varies  
from time to time and from place to place, especially in our era  
which is characterised by a rapid and far-reaching evolution of  
opinions on the subject. (…) Freedom of expression constitutes one of  
the essential foundations of such a society, one of the basic  
conditions for its progress and for the development of every man.  
Subject to paragraph 2 of Article 10 (art. 10-2), it is applicable  
not only to 'information' or 'ideas' that are favourably received or  
regarded as inoffensive or as a matter of indifference, but also to  
those that offend, shock or disturb the State or any sector of the  
population. Such are the demands of that pluralism, tolerance and  
broadmindedness without which there is no 'democratic society'(...)"

This, to simply talk about Europe, a region which at least share some  
more or less common cultural roots and, above all, has adopted a  
regional Convention on Human Rights (ECHR), has set up a regional  
Court to enforce it (Strasbourg Court), which has developed a  
comprehensive case law. I cannot even imagine what APC proposal would  
mean at the world global level..

And, if this was not enough, APC is suggesting that an IGF working  
group "in the format of the WGIG, or bodies such as the IETF" develop  
such a definition of illegal and harmful content? When even the  
European Court of Human Rights says, in the same Handyside judgement,  
that "State authorities are in  principle in a better position than  
the international judge to give an opinion on the exact content of  
these requirements [of morals] as well as on the 'necessity' of a  
'restriction' or 'penalty' intended to meet them"? So a handful of  
WGIG-like or MAG-like members, with the selection process that we've  
experienced till now, would do it with more legitimacy than the  
international judge?

Again, I can't even believe this.. Is it a typo in APC press release  
or what?! Or is today April fool's day in Brazil?

Meryem

--
Meryem Marzouki - http://www.iris.sgdg.org
IRIS - Imaginons un réseau Internet solidaire
40 rue de la Justice - 75020 Paris
Tel. +33(0)144749239

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