[WSIS CS-Plenary] RSF/ OSCE: six recommendations to ensure freedom of expression on the Internet

[Rui Correia]

Reporters Without Borders and the OSCE make six recommendations to ensure
freedom of expression on the Internet.
20.06.2005

This declaration by Reporters Without Borders and the representative of the
OSCE (Organisation for Security and Cooperation in Europe) on Freedom of the
Media aims to deal with the main issues facing countries seeking to regulate
online activity. Should the Web be filtered ? Can online publications be
forced to register with the authorities ? What should the responsibility of
service providers (ISPs) be ? How far does a national jurisdiction extend ? 

Reporters Without Borders thinks the six recommendations go beyond Europe
and concern every country. It hopes they will provoke discussion in the
run-up to the World Summit on the Information Society (WSIS). 

Full text of the Declaration : 

1. Any law about the flow of information online must be anchored in the
right to freedom of expression as defined in Article 19 of the Universal
Declaration of Human Rights. 

2. In a democratic and open society it is up to the citizens to decide what
they wish to access and view on the Internet. Filtering or rating of online
content by governments is unacceptable. Filters should only be installed by
Internet users themselves. Any policy of filtering, be it at a national or
local level, conflicts with the principle of free flow of information. 

3. Any requirement to register websites with governmental authorities is not
acceptable. Unlike licensing scarce resources such as broadcasting
frequencies, an abundant infrastructure like the Internet does not justify
official assignment of licenses. On the contrary, mandatory registration of
online publications might stifle the free exchange of ideas, opinions, and
information on the Internet. 

4. A technical service provider must not be held responsible for the mere
conduit or hosting of content unless the hosting provider refuses to obey a
court ruling. A decision on whether a website is legal or illegal can only
be taken by a judge, not by a service provider. Such proceedings should
guarantee transparency, accountability and the right to appeal. 

5. All Internet content should be subject to the legislation of the country
of its origin ("upload rule") and not to the legislation of the country
where it is downloaded. 

6. The Internet combines various types of media, and new publishing tools
such as blogging are developing. Internet writers and online journalists
should be legally protected under the basic principle of the right to
freedom of expression and the complementary rights of privacy and protection
of sources.

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Rui Correia
Advocacy, Media and Language Consultant
38 Finch St, 
Ontdekkers Park, Roodepoort, 
Johannesburg, South Africa
Tel/ Fax (+27-11) 766-4336
Cell (+27) (0) 83-368-1214