[governance] CoE adopts (good) Recommendation on FoE and Internet Filters

[Suresh Ramasubramanian]

Now this one is really good, and something I can live with. 

Email reviewing this below from a friend with rather better legal training
than I have, and am glad to see he agrees with me.  [anonymized his name etc
of course]

Suresh

------

There are explicit mentions of Article 10, Section 2:

--START--
The exercise of these freedoms, since it carries with it duties and 
responsibilities, may be subject to such formalities, conditions, 
restrictions or penalties as are prescribed by law and are necessary in 
a democratic society, in the interests of national security, territorial 
integrity or public safety, for the prevention of disorder or crime, for 
the protection of health or morals, for the protection of the reputation 
or rights of others, for preventing the disclosure of information 
received in confidence, or for maintaining the authority and 
impartiality of the judiciary.
--END--

It would seem to me, being the unlearned American that I am, that spam 
filtering and the use of walled gardens (and etc.), would fall squarely 
within the "prevention of disorder or crime," "the protection of health 
or morals," and "the protection of the reputation or rights of others" 
exceptions found there.

The warning for private actors seems to be "make sure your content 
filters" are adjustable, granular, and not heavy-handed.

---------


> -----Original Message-----
> From: Meryem Marzouki [mailto:marzouki at ras.eu.org]
> Sent: Friday, March 28, 2008 3:41 PM
> To: governance at lists.cpsr.org
> Subject: [governance] CoE adopts (good) Recommendation on FoE and
> Internet Filters
> 
> Dear all,
> 
> The Council of Europe has now adopted its Recommendation on "measures
> to promote the respect for freedom of expression and information with
> regard to Internet filters" (Recommendation CM/Rec(2008)6, adopted on
> 26 March 2008).
> It is at: https://wcd.coe.int/ViewDoc.jsp?Ref=CM/Rec(2008)6
> An explanatory report can be found at: https://wcd.coe.int/
> ViewDoc.jsp?Ref=CM(2008)37&Ver=add


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