[governance] CoE Recommendation

[Veni Markovski]

I think this is an important document, vis-a-vis 
what we are discussing here, as it is driven also by the WSIS Tunis Agenda.

best,
Veni


Recommendation CM/Rec(2007)11
of the Committee of Ministers to member states
on promoting freedom of expression and information
in the new information and communications environment

(Adopted by the Committee of Ministers on 26 September 2007
at the 1005th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of 
Article 15.b of the Statute of the Council of Europe,

Reaffirming the commitment of member states to 
the fundamental right to freedom of expression 
and to receive and impart information and ideas 
without interference by public authorities and 
regardless of frontiers, as guaranteed by Article 
10 of the Convention for the Protection of Human 
Rights and Fundamental Freedoms (ECHR, ETS No. 5);

Mindful of the potential impact, both positive 
and negative, that information and communication 
technologies and services can have on the 
enjoyment of human rights and fundamental 
freedoms in the information society and the 
particular roles and responsibilities of member 
states in securing the protection and promotion of those rights;

Underlining, in this connection, that the 
development of information and communication 
technologies and services should contribute to 
everyone▓s enjoyment of the rights guaranteed by 
Article 10 of the ECHR, for the benefit of each 
individual and the democratic culture of every society;

Recalling Recommendation No. R (99) 14 of the 
Committee of Ministers on universal community 
service concerning new communication and 
information services, which underlines the need 
to continually develop these services in order to 
further the right of everyone to express, to 
seek, to receive and to impart information and 
ideas, for the benefit of every individual and society as a whole;

Stressing the importance of free or affordable 
access to content and services in view of the 
convergence of the media and new communication 
service sectors and the emergence of common 
platforms and services between telecommunication 
operators, hardware and software manufacturers, 
print, electronic and new communication service 
outlets, Internet service providers and other 
next generation network operators;

Recalling the 2005 Declaration by the Committee 
of Ministers on human rights and the rule of law 
in the information society which recognises that 
limited or no access to information and 
communication technologies (ICTs) can deprive 
individuals of the ability to exercise fully 
their human rights and fundamental freedoms;

Recalling also Recommendation 
<https://wcd.coe.int/ViewDoc.jsp?Ref=Rec%282002%292&Language=lanEnglish&Site=CM&BackColorInternet=9999CC&BackColorIntranet=FFBB55&BackColorLogged=FFAC75>Rec(2002)2 
of the Committee of Ministers on access to 
official documents and Recommendation No. R (81) 
19 of the Committee of Ministers on the access to 
information held by public authorities;

Aware that communication using new technologies 
and new information and communication services 
must respect the right to privacy and to secrecy 
of correspondence, as guaranteed by Article 8 of 
the ECHR and as elaborated by the case law of the 
European Court of Human Rights, as well as the 
Convention for the Protection of Individuals with 
regard to Automatic Processing of Personal Data 
(ETS No. 108) and Recommendation No. R (99) 5 of 
the Committee of Ministers on the protection of privacy on the Internet;

Recalling the 2003 Declaration of the Committee 
of Ministers on freedom of communication on the 
Internet, which stresses that such freedom should 
not prejudice the human dignity or human rights 
and fundamental freedoms of others, especially children;

Recalling Recommendation 
<https://wcd.coe.int/ViewDoc.jsp?Ref=Rec%282001%298&Language=lanEnglish&Site=CM&BackColorInternet=9999CC&BackColorIntranet=FFBB55&BackColorLogged=FFAC75>Rec(2001)8 
of the Committee of Ministers on self-regulation 
concerning cyber content (self-regulation and 
user protection against illegal or harmful 
content on new communications and information 
services) which encourages the neutral labelling 
of content to enable users to make their own 
value judgements over such content;

Recalling also Recommendation 
<https://wcd.coe.int/ViewDoc.jsp?Ref=Rec%282006%2912&Language=lanEnglish&Site=CM&BackColorInternet=9999CC&BackColorIntranet=FFBB55&BackColorLogged=FFAC75>Rec(2006)12 
of the Committee of Ministers on empowering 
children in the new information and 
communications environment, which underlines the 
importance for children to acquire the necessary 
skills to create, produce and distribute content 
and communications in a manner which is both 
respectful of the fundamental rights and freedoms 
of others and conducive to the exercise and 
enjoyment of their own fundamental rights;

Conscious of the risk of harm from content and 
behaviours in the new information and 
communications environment, which are capable of 
adversely affecting the physical, emotional and 
psychological well-being of children, such as 
online pornography, the portrayal and 
glorification of violence and self-harm, 
demeaning, discriminatory or racist expressions 
or apologia for such conduct, solicitation 
(grooming), bullying, stalking and other forms of harassment;

Recalling the importance of education for 
democratic citizenship which provides children 
and their educators with the necessary 
capabilities (knowledge, skills, understanding, 
attitudes, human rights values and behaviour) 
they need to live, actively participate and act 
responsibly while respecting the rights of 
others, as referred to in Recommendation 
<http://wcd.coe.int/ViewDoc.jsp?Ref=Rec%282002%2912&Sector=secCM&Language=lanEnglish>Rec(2002)12 
of the Committee of Ministers on education for democratic citizenship;

Noting the outcome documents of the World Summit 
on the Information Society (Geneva, 2003 √ Tunis, 
2005) which refer to the important roles and 
importance of stakeholders in building the 
information society while fully respecting human 
rights and fundamental freedoms;

Aware that the actions and decisions of both 
state and non-state actors, in particular the 
private sector, can have an impact on the 
exercise and enjoyment of fundamental rights, 
such as freedom of expression and respect for 
human dignity in the information society;

Stressing the need for member states to 
constantly examine and review the legal and 
regulatory framework within which stakeholders 
operate, which impacts on the exercise and 
enjoyment of human rights and fundamental freedoms,

Recommends that the governments of member states 
take all necessary measures to promote the full 
exercise and enjoyment of human rights and 
fundamental freedoms in the new information and 
communications environment, in particular the 
right to freedom of expression and information 
pursuant to Article 10 of the ECHR and the 
relevant case law of the European Court of Human Rights, by:

√ adopting common standards and strategies to implement these guidelines; and

√ bring these guidelines to the attention of all 
relevant stakeholders, in particular the private 
sector, civil society and the media so that they 
take all necessary measures to contribute to their implementation.

Guidelines

I. Empowering individual users

The constant evolution and change in the design 
and use of technologies and services challenges 
the ability of individual users to fully 
understand and exercise their rights and freedoms 
in the new information and communications 
environment. In this regard, the transparency in 
the processing and presentation of information as 
well as the provision of information, guidance 
and other forms of assistance are of paramount 
importance to their empowerment. Media education 
is of particular importance in this context.

Member states, the private sector and civil 
society are encouraged to develop common 
standards and strategies to promote transparency 
and the provision of information, guidance and 
assistance to the individual users of 
technologies and services, in particular in the following situations:

i. the monitoring of e-mail and usage of the 
Internet and the processing of personal data with 
regard to the right to private life and to secrecy of correspondence;

ii. determining the level of personal anonymity 
when using technologies and services with regard 
to the right to private life and to secrecy of correspondence;

iii. determining the level of personal security 
when using technologies and services with regard 
to the right to private life, to secrecy of 
correspondence and rule of law considerations;

iv. the profiling of user information and the 
retention of personal data by search engine and 
content providers with regard to the right to 
private life and secrecy of correspondence;

v. the listing and prioritisation of information 
provided by search engines with regard to the 
right to receive and impart information;

vi. the blocking of access to and filtering of 
content and services with regard to the right to 
receive and impart information;

vii. the removal of content deemed to be illegal 
with regard to the rule of law considerations;

viii. children▓s exposure to content and 
behaviours carrying a risk of harm with regard to 
human dignity, the rights of others and the right to private life;

ix. the production of user generated content and 
communications with regard to human dignity, the 
rights of others, and the right to private life.

II. Common standards and strategies for reliable 
information, flexible content creation and 
transparency in the processing of information

The speed, diversity and volume of content and 
communications circulating in the new information 
and communications environment can challenge the 
values and sensibilities of individuals. A fair 
balance should be struck between the right to 
express freely and to impart information in this 
new environment and respect for human dignity and 
the rights of others, bearing in mind that the 
right to freedom of expression may be subject to 
formalities, conditions and restrictions in order to ensure proportionality.

In this connection, the private sector and member 
states are encouraged to develop common standards 
and strategies regarding the following:

i. the rating and labelling of content and 
services carrying a risk of harm and carrying no 
risk of harm especially those in relation to children;

ii. the rating, labelling and transparency of 
filtering mechanisms which are specifically designed for children;

iii. the creation of interactive content and its 
distribution between users (for example 
peer-to-peer networks and blogs) while respecting 
the legitimate interests of right-holders to 
protect their intellectual property rights;

iv. the labelling and standards for the logging 
and processing of personal data.

III. Affordable access to ICT infrastructure

The new information and communications 
environment has become an essential tool in the 
lives of many individuals to live and work and to 
exercise their rights and freedoms fully. 
Affordable access to ICT infrastructure is 
therefore a prerequisite for affordable access to 
the Internet, thereby helping to bridge the 
digital divide, in order to maximise the 
enjoyment of these rights and freedoms.

In this connection, member states, in 
co-operation with the private sector and civil 
society, are encouraged to promote and enhance 
access to ICT infrastructure by:

i. creating an enabling environment that is 
attractive for the private sector to invest in 
ICT infrastructure and services, including a 
stable legal and regulatory framework;

ii. facilitating and promoting community based networks;

iii. facilitating policies and partnerships which 
promote the qualitative and quantitative 
development of ICT infrastructure with a view to 
ensuring universal and affordable access to the Internet;

iv. reviewing and creating universal service 
obligations, taking into account, inter alia, 
converging next generation networks.

IV. Access to information as a public service

The Internet is increasingly important in 
facilitating the lives of many individuals who 
use and depend upon public services. Access to 
the new information and communications 
environment facilitates the exercise of their 
rights and freedoms, in particular their 
participation in public life and democratic processes.

In this connection member states should:

i. facilitate policies and partnerships which 
promote the installation of Internet access 
points on the premises of public authorities and, 
where appropriate, in other public places. These 
Internet access points should be open to all 
users, including those with special needs;

ii. ensure that public authorities increase the 
provision and transparency of their online 
services to citizens and businesses so that they 
allow every individual access to public information;

iii. ensure that public authorities offer a range 
of online public services in appropriate language 
scripts (for example, in non-ASCII characters) 
which accords with common standards (for example, 
the guidelines of the Web Accessibility Initiative).

V. Co-operation between stakeholders

For individuals to fully exercise and enjoy their 
rights and freedoms in the new information and 
communications environment, in particular the 
right to freedom of expression and information 
and the right to private life and secrecy of 
correspondence, it is of paramount importance 
that member states, the private sector and civil 
society develop various forms of 
multi-stakeholder co-operation and partnerships, 
taking into account their respective roles and responsibilities.

In this connection, member states are encouraged to:

i. engage in regular dialogue with all relevant 
stakeholders with a view to elaborating and 
delineating the boundaries of their respective 
roles and responsibilities with regard to freedom 
of expression and information and other human rights;

ii. elaborate, where appropriate, and in 
co-operation with other stakeholders, a clear 
legal framework on the roles and responsibilities of stakeholders;

iii. ensure that complementary regulatory systems 
such as new forms of co-regulation and 
self-regulation respond adequately to the changes 
in technological development and are fully 
compatible with the respect for human rights and the rule of law.

The private sector should be encouraged to:

i. acknowledge and familiarise itself with its 
evolving ethical roles and responsibilities, and 
to co-operate in reviewing and, where necessary, 
adjusting their key actions and decisions which 
impact on individuals rights and freedoms;

ii. develop, where appropriate, new forms of 
open, transparent and accountable self-regulation.

Civil society, including institutions of higher 
education and the media, should be encouraged to 
monitor the ethical and social consequences of 
the actions and decisions of stakeholders and 
their compatibility with human rights and the 
rule of law, raise public awareness of those 
stakeholders who do not act responsibly, and 
assist those individuals and groups of 
individuals whose rights and freedoms have been 
adversely affected, in particular by addressing the stakeholders concerned.



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