[governance] CoE Recommendation (Flawed Document)

[Robert Guerra]

On 14-Oct-07, at 9:17 AM, Veni Markovski wrote:
> 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.
>

Veni:

The document you mentioned is - flawed !

There are serious issues with the document - one that the Freedom of  
Expression community is concerned about. Further details are  
available below & on the EDRI website.


EDRI Campaign on CoE Recommendation Failing to Uphold Freedom of  
Expression
10 October, 2007
http://www.edri.org/coerec200711


On October 10, 2007, EDRI issued a statement to express its serious  
concerns over a new Council of Europe Recommendation on 'promoting  
freedom of expression and information in the new information and  
communications
environment'.

As other related instruments are currently in preparation by the CoE,  
EDRI calls for NGOs and groups from all over the world to sign up in  
support of EDRI statement and take further action to help avoid the  
risk of more damages to freedom of expression and information in the  
online world.

Read EDRI Statement and Act Now to Protect Freedom of Expression Online:
- EDRI Statement: 'New Council of Europe Recommendation fails to  
uphold online
freedom of expression' (also available in PDF, Français)
- Sign up in support to this EDRI statement (NGOs and groups from non  
CoE member States also welcome)
- Spread the word to other NGOs and groups
- Translate the statement into your other languages and inform EDRI  
of availability of translations
- Use background information to know more about this issue and raise
awareness in your own country
- Take part in the CoE consultation on a possible future mechanism  
for promoting respect of Article 10 of the European Convention on  
Human Rights, to ensure that such a mechanism also covers freedom of  
expression online ('Civil society and media professional  
organisations' views welcome on possible Article 10 monitoring  
mechanism'
- Ask to join MC-S-IS working group as observer (contact EDRI for
information)
- Know more about EDRI

New Council of Europe Recommendation fails to uphold online freedom  
of expression
European Digital Rights Statement and Call for Action - 10 October 2007

European Digital Rights (EDRI) wishes to express its serious concerns  
over the adoption on 26 September 2007 by the Council of Europe (CoE)  
Committee of Ministers of a new Recommendation on 'promoting freedom  
of expression and information in the new information and  
communications environment' (Rec(2007)11).

The Recommendation has been prepared by the Council of Europe Group  
of Specialists on Human Rights in the Information Society (MC-S-IS).  
It has been proposed and discussed by members of this group since  
December 2005. It was originally intended to be an instrument to  
'further elaborate principles and guidelines to ensure respect for  
human rights and the rule of law in the information society'. The  
text eventually turned into a set of 'guidelines on the ethical roles  
and responsibilities for key state and non-state actors', to be  
promoted through this Recommendation by the Council of Europe. Its  
final draft has further been amended by the Steering Committee on the  
Media and New Communication Services (CDMC), under which authority  
the MC-S-IS operates, and then submitted to the Committee of Ministers.

EDRI participated in the debate in its capacity of independent non- 
governmental observer to the MC-S-I-S group, without the right to  
vote. However, few EDRI's contributions, either during meetings or  
through written comments and proposed amendments, were taken into  
account in the final document.

We consider the result to be promoting opaque "self-regulation" and  
other soft law instruments driven by private interests and  
implemented through technical mechanisms. As a result, we have great  
concern that the Recommendation will fail to uphold respect for  
freedom of expression and information in the online world.

The Recommendation also raises specific concerns, most notably over  
its part II ('Common standards and strategies for reliable  
information, flexible content creation and transparency in the  
processing of information').

It refers to 'reliable information' or content and this is little  
different from the "official information" of the bad old days. It is  
hardly compatible with the promotion of freedom of expression and  
information, which is the purpose of this document.

Moreover, this section calls for balancing freedom of expression and  
communication with the rights of others to have their 'values and  
sensibilities' respected. As "values and sensibilities" vary not only  
from time to time and from place to place, but also among different  
sections of the population, this is certainly against the general CoE  
background, and in any case goes far beyond the restrictions  
identified in Article 10 paragraph 2 of the European Convention on  
Human Rights, as stressed by the jurisprudence of the European Court  
of Human Rights numerous times.

Furthermore, and in order to strike such a balance, section II of the  
Recommendation calls for the development by the private sector and  
member States of tools and standards for the rating and labelling of  
content and services.
EDRI regrets that the CoE encourages such trend over transparent and  
accountable public policies as well as binding legislation respectful  
of fundamental rights, democracy and the rule of law.

EDRI considers this Recommendation to be damaging and a retrograde  
step for freedom of expression and freedom of the press. EDRI is  
deeply concerned that such instruments will be used to legitimize  
subtle means of censorship, through privatised censorship and  
measures to protect against so-called harmful content.

EDRI will continue to participate to the MC-S-I-S group as an active  
independent observer, and will continue to raise awareness of the  
public on issues related to the group mandate. With other instruments  
being prepared by the same MC-S-I-S group, there is a risk that the  
trend shown in this Recommendation be confirmed. To better avoid such  
a risk, EDRI needs your support.


Background information:

CoE instruments resulting from the MC-S-IS group activities:

- Council of Europe Recommendation Rec(2007)11 on promoting freedom  
of expression and information in the new information and  
communications environment (26.09.2007):
https://wcd.coe.int/ViewDoc.jsp?Ref=CM/Rec(2007)11

- Council of Europe Recommendation Rec(2006)12 on empowering children  
in the new information and communications environment (27.09.2006):
https://wcd.coe.int/ViewDoc.jsp?Ref=Rec(2006)12

- Council of Europe Group of Specialists on Human Rights in the  
Information Society (MC-S-IS)website:
http://www.coe.int/t/e/human_rights/media/1_intergovernmental_co% 
2Doperation/MC-S-IS/

- Council of Europe Steering Committee on the Media and New  
Communication Services (CDMC) website:
http://www.coe.int/t/e/human_rights/media/1_intergovernmental_co% 
2Doperation/CDMC/

EDRI activities in relation with the CoE:

- EDRI report on European regional meeting on the "Ethical dimensions  
of the information society" organized by the French Commission for  
UNESCO in cooperation with UNESCO and the Council of Europe ('Human  
Rights in the Information Society - rediscover the proportionality',  
26.09.2007)
http://www.edri.org/edrigram/number5.18/human-rights-is

- EDRI report on 7th MC-S-IS meeting ('CoE to address the impact of  
technical measures on human rights', 12.04.2007):
http://www.edri.org/edrigram/number5.7/coe-human-rights

- EDRI report on 5th MC-S-IS meeting ('News on CoE activities on  
Human Rights in the Information Society', 05.07.2006)
http://www.edri.org/edrigram/number4.13/hrinfosoc

- EDRI report on 4th MC-S-IS meeting ('CoE works on new instrument on  
children empowerment on the net', 15.03.2006):
http://www.edri.org/edrigram/number4.5/coe

- EDRI report on 2nd MC-S-IS meeting and CoE Pan-European Forum  
('Human Rights In The Information Society On CoE Agenda', 21.09.2005):
http://www.edri.org/edrigram/number3.19/CoE

- EDRI gets observer status to MC-S-IS group ('EDRI Granted Observer  
Status In CoE HR Group', 29.06.2005):
http://www.edri.org/edrigram/number3.13/EDRI

- EDRI comments on CAHSI Document ('Council Of Europe Declaration On  
Human Rights And Internet', 24.05.2005):
http://www.edri.org/edrigram/number3.10/CoE

- EDRI report on 2nd meeting of the Multidisciplinary Ad-hoc  
Committee of Experts on the Information Society (CAHSI) ('Council Of  
Europe Draft Statement On Human Rights And Internet', 20.04.2005)
http://www.edri.org/edrigram/number3.8/CoE


About EDRI:

European Digital Rights is an international non-profit association  
(AISBL) under Belgium law founded in June 2002. Its goals include the  
defence and promotion of human rights in the field of information and  
communication technology. EDRI takes an active interest in  
developments regarding these subjects in all 45 member States of the  
Council of Europe. Currently 28 privacy and civil rights  
organisations have EDRI membership. They are based or have offices in  
17 different countries in Europe. Since January 2003, EDRI produces  
EDRI-gram, a bi-weekly newsletter about digital civil rights in Europe.

For more information: www.edri.org.

General contact:
board at edri.org. Press contact: press at edri.org.

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