1726 Results
Quotes
Quotes based on international documents, law, and treaties- "When restricting access to content in line with their own content-restriction policies, intermediaries should do so in a transparent and non-discriminatory manner. Any restriction of content should be carried out using the least restrictive technical means and should be limited in scope and duration to what is strictly necessary to avoid the collateral restriction or removal of legal content."
- "Internet intermediaries should limit the processing of personal user data to what is necessary in the context of a clearly defined purpose, which is explicitly communicated to all users in a proactive manner. The processing, including collection, retention, aggregation, storage, adaptation, alteration, linking or sharing of personal data shall be based on the free, specific, informed and unambiguous consent of the user, with respect to a specific purpose, or on another legitimate basis laid down by law, as prescribed by Convention 108."
- "Internet traffic should be treated equally, without discrimination, restriction or interference irrespective of the sender, receiver, content, application, service or device. This is understood as the network neutrality principle for the purpose of this recommendation."
- "Internet service providers should put in place appropriate, clear, open and efficient procedures to respond within reasonable time limits to complaints from Internet users alleging breaches of the principles included in the foregoing provisions. Internet users should have the possibility to refer the matter directly to competent authorities within each member State and be entitled to timely redress."
- "Internet freedom is understood as the exercise and enjoyment on the Internet of human rights and fundamental freedoms and their protection in compliance with the Convention and the International Covenant on Civil and Political Rights."
- "Any national decision or action restricting human rights and fundamental rights on the Internet must comply with international obligations and in particular be based on law. It must be necessary in a democratic society, fully respect the principles of proportionality and guarantee access to remedies and the right to be heard and to appeal with due process safeguards."
- "The State recognises in law and in practice that disconnecting individuals from the Internet, as a general rule, represents a disproportionate restriction of the right to freedom of expression."
- "Any measure taken by State authorities or private-sector actors to block or otherwise restrict access to an entire Internet platform (social media, social networks, blogs or any other website) or information and communication technologies (ICT) tools (instant messaging or other applications), or any request by State authorities to carry out such actions complies with the conditions of Article 10 of the Convention regarding the legality, legitimacy and proportionality of restrictions."
- "Any measure taken by State authorities or private-sector actors to block, filter or remove Internet content, or any request by State authorities to carry out such actions complies with the conditions of Article 10 of the Convention regarding the legality, legitimacy and proportionality of restrictions."
- "Media are not required to obtain permission or a licence from the government or State authorities, beyond business registration, in order to be allowed to operate on the Internet or blog."
- "Any restriction of the right to freedom of expression on the Internet is in compliance with the requirements of Article 10 of the Convention, namely it: - is prescribed by a law, which is accessible, clear, unambiguous and sufficiently precise to enable individuals to regulate their conduct. The law ensures tight control over the scope of the restriction and effective judicial review to prevent any abuse of power. The law indicates with sufficient clarity the scope of discretion conferred on public authorities with regard to the implementation of restrictions and the manner of exercise of this discretion; - pursues a legitimate aim as exhaustively enumerated in Article 10 of the Convention; - is necessary in a democratic society and proportionate to the legitimate aim pursued. There is a pressing social need for the restriction, which is implemented on the basis of a decision by a court or an independent administrative body that is subject to judicial review. The decision should be targeted and specific. Also, it should be based on an assessment of the effectiveness of the restriction and risks of over-blocking. This assessment should determine whether the restriction may lead to disproportionate banning of access to Internet content, or to specific types of content, and whether it is the least restrictive means available to achieve the stated legitimate aim."
- "Laws addressing hate speech or protecting public order, public morals, minors, national security or official secrecy and data protection laws are not applied in a manner which inhibits public debate. Such laws impose restrictions of freedom of expression only in response to a pressing matter of public interest, are defined as narrowly as possible to meet the public interest and include proportionate sanctions."
- "Individuals are free to use Internet platforms, such as social media and other ICTs in order to organise themselves for purposes of peaceful assembly. "
- "Any restriction on the exercise of the right to freedom of peaceful assembly and right to freedom of association with regard to the Internet is in compliance with Article 11 of the Convention, namely it: - is prescribed by a law, which is accessible, clear, unambiguous and sufficiently precise to enable individuals to regulate their conduct; - pursues a legitimate aim as exhaustively enumerated in Article 11 of the Convention; - is necessary in a democratic society and proportionate to the legitimate aim pursued. There is a pressing social need for the restriction. There is a fair balance between the exercise of the right to freedom of assembly and freedom of association and the interests of the society as a whole. If a less intrusive measure achieves the same goal, it is applied. The restriction is narrowly construed and applied, and does not encroach on the essence of the right to freedom of assembly and association."
- "Personal data are processed lawfully (with the unambiguous consent of the data subject or on the basis of law) for legitimate purposes and not in excess of such purposes, accurately and securely. These conditions apply also to profiling (personal data automatic processing techniques that collect and use information about an individual in order to identify, analyse or predict his or her personal preferences, behaviour and attitudes)."
- "The Human Rights Council, (…) 7. Encourages all States to take appropriate measures to promote, with the participation of persons with disabilities, the design, development, production and distribution of information and communications technology and systems, including assistive and adaptive technologies, that are accessible to persons with disabilities."
- "The Human Rights Council, (…) 14. Condemns all undue restrictions on freedom of opinion and expression online that violate international law, and notes with concern that such restrictions have a significant impact on women and girls and other individuals who may face multiple and intersecting forms of discrimination."
- "The Human Rights Council, (…) 15. Stresses the importance of combating advocacy of hatred on the Internet, which constitutes incitement to discrimination or violence, including by promoting tolerance, education and dialogue."
- "In line with the Convention 108 and according to Recommendation CM/Rec(2012)4 on the protection of human rights with regard to social networking services and Recommendation CM/Rec(2016)5 on Internet freedom, social network services should not process personal data beyond the specified purposes for which they have collected it. Electoral campaigning constitutes in most cases a distinct purpose for which distinct consent is required."
- "Political campaigning undertaken by political parties, candidates and other individuals online entails responsibilities not only for governments but also for platforms and intermediaries, which should develop codes of conduct that make explicit their respect for such fundamental rights and put in place strategies for their effective enforcement in line with the respective national rules on political campaigning."
- "Governments, electoral management bodies and relevant oversight agencies must act swiftly to bring legal definitions of political advertising up to date, thereby grounding in law essential responsibilities on content, financing and placement of online political ads that correspond to online platforms, political activists, sponsors and other intermediaries."
- "Online platforms must conduct identity verification protocols to ensure that only legally authorised advertisers place ads and should be responsible for removing inauthentic online communications. Regulations should ban inauthentic production and dissemination of online political advertisement, such as machine-generated ads and targeting."
- "Users’ consent to the collection and commercialisation of their personal information must latch on a genuine understanding of the economic and political value of their choice."
- "The Commission calls upon platforms to decisively step up their efforts to tackle online disinformation. It considers that self-regulation can contribute to these efforts, provided it is effectively implemented and monitored."
- "Ensure that online services include, by design, safeguards against disinformation; this should, for example, include detailed information on the behaviour of algorithms that prioritise the display of content as well as development of testing methodologies."
- "In line with the Commission's Communication, the signatories of the Code of Practice recognise the importance of efforts to: (i) Include safeguards against disinformation; (ii) Improve the scrutiny of advertisement placements to reduce revenues of the purveyors of disinformation; (iii) Ensure transparency about political and issue-based advertising, also with a view to enabling users to understand why they have been targeted by a given advertisement; (iv) Implement and promote reasonable policies against misrepresentation; (v) Intensify and demonstrate the effectiveness of efforts to close fake accounts and establish clear marking systems and rules for bots to ensure their activities cannot be confused with human interactions; (...) (vii) Consistently with Article 10 of the European Convention on Human Rights and the principle of freedom of opinion, invest in technological means to prioritize relevant, authentic, and accurate and authoritative information where appropriate in search, feeds, or other automatically ranked distribution channels (...) (ix) Dilute the visibility of disinformation by improving the findability of trustworthy content."
- "In line with those rights and freedoms, rather than criminalising or prohibiting disinformation as such, the EU strategy aims to make the online environment and its actors more transparent and accountable, making content moderation practices more transparent, empowering citizens and fostering an open democratic debate."
- "Empowering users is key to limiting the impact of disinformation. A better understanding of the functioning of online services, as well as tools that foster more responsible behaviour online or that enable users to detect and report false and/or misleading content, can dramatically limit the spread of disinformation."
- "Disinformation is an area where rigid legislation by the EU or member states is not desirable, mainly because doing so would constitute a disproportionate interference with freedom of speech. In the absence of such legislation, the soft law instrument in play is the EU Code of Practice on Disinformation – a voluntary arrangement between the European Commission and big tech companies (...). "
- "Concerning more specifically the risks posed by disinformation and undue propaganda on the internet and social media for the smooth conduct of the electoral process, the Assembly calls on member States to: (…) 9.2. develop specific regulatory frameworks for internet content at election times and include in these frameworks provisions on transparency in relation to sponsored content published on social media, so that the public can be aware of the source that funds electoral advertising or any other information or opinion. "
- "The Committee of Ministers therefore, under the terms of Article 15.b of the Statute of the Council of Europe, recommends that member States, in consultation with private sector actors and civil society, develop and promote coherent strategies to protect freedom of expression, access to information and other human rights and fundamental freedoms in relation to search engines in line with the Convention for the Protection of Human Rights and Fundamental Freedoms (...), in particular by engaging with search engine providers to carry out the following actions: (...) – enhance transparency in the collection of personal data and the legitimate purposes for which they are being processed; – enable users to access easily, and, where appropriate, to correct or delete their personal data processed by search engine providers; – develop tools to minimise the collection and processing of personal data, including enforcing limited retention periods, adequate irreversible anonymisation, as well as tools for the deletion of data."
- "Member States (through the designated authorities) should enforce compliance with the applicable data protection principles, in particular by engaging with search engine providers to carry out the following actions: – ensure that the collection of personal data by search engine providers is minimised. No user’s IP address should be stored when it is not necessary for the pursuit of a legitimate purpose and when the same results can be achieved by sampling or surveying, or by anonymising personal data. Innovative approaches promoting anonymous searches should also be encouraged; – ensure that retention periods are not longer than strictly necessary for the legitimate and specified purposes of the processing. Search engine providers should be in a position to justify with demonstrable reasons the collection and the retention of personal data. Information in this connection should be made publicly available and easily accessible; – ensure that search engine providers apply the most appropriate security measures to protect personal data against unlawful access by third parties and that appropriate data breach notification schemes are in place. Measures should include “end-to-end” encryption of the communication between the user and the search engine provider; – ensure that individuals are informed with regard to the processing of their personal data and the exercise of their rights, in an intelligible form, using clear and plain language, adapted to the data subject. Search engines should clearly inform users up front of all intended uses of their data (emphasising that the initial purpose of such processing is to better respond to their search requests) and respect the user’s right with regar to their personal data. They should inform individuals if their personal data has been compromised."
- "The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe, recommends that member States, in consultation with private sector actors and civil society, develop and promote coherent strategies to protect and promote respect for human rights with regard to social networking services, in line with the Convention for the Protection of Human Rights and Fundamental Freedoms (...), in particular by engaging with social networking providers to carry out the following actions: (...) − enhance transparency about data processing, and refraining from illegitimate processing of personal data. "
- "The Assembly calls on social media companies to: 11.1. define in clear and unambiguous terms the standards regarding admissible or inadmissible content, which must comply with Article 10 of the European Convention on Human Rights and should be accompanied, if need be, by explanations and (fictional) examples of content banned from dissemination."
- "The Assembly recalls that political criticism and satire must be protected as an essential part of media freedom. Freedom of expression is applicable not only to information or ideas that are favourably received or perceived as inoffensive or with indifference, but also to those that offend, shock or disturb the State or any sector of the population, subject only to the conditions and restrictions provided for in the European Convention on Human Rights."
- "United Nations field presences should be aware that whether an expression of incitement to discrimination, hostility or violence is severe enough to amount to a criminal offence depends on whether it fulfils all of the criteria in the six-part threshold test set out in the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, which is a high threshold. The criteria are: (a) the context of the expression; (b) its speaker, (c) their intent; (d) its content and form; (e) its extent and magnitude; and (f) the likelihood, including imminence, of inciting actual action against the target group."
- "Certain forms of hate speech may be prohibited under international law, even if they do not reach the above-mentioned threshold of incitement, in specific circumstances. Under article 19 of the International Covenant on Civil and Political Rights, certain types of biased expression may be restricted if such restrictions meet certain strict conditions. Such limitations need to: (a) be provided by law; (b) pursue a legitimate aim, such as the respect of the rights of others, including the right to equality and non-discrimination, or the protection of public order; and (c) be necessary in a democratic society and proportionate (the “three-part test”)."
- "Freedom of expression should only be restricted when there are incidents of incitement to discrimination, hostility or violence, or if necessary and proportionate to secure other rights."
- "Nondiscriminatory access to media should also be guaranteed to all political parties and candidates in compliance with Article 2(1) of the ICCPR, which guarantees the rights established in the Covenant “without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”. Restrictions imposed on media access should also comply with the requirements of legality, necessity and proportionality under Article 19(3)."
- "States should refrain from network shutdowns, which are a categorical violation of international human rights law. They must also ensure that any restriction on blogs, websites, online content and communications platforms is provided by law, and a necessary and proportionate means to protect a legitimate objective."
- "Rather than imposing undue restrictions on freedom of expression and onerous intermediary liability obligations, efforts to address online disinformation should promote an enabling environment for freedom of expression. These measures include: requiring or encouraging heightened transparency regarding advertisement placements and sponsored content; developing and promoting independent fact-checking mechanisms; providing support for independent and diverse public service media outlets; instituting measures to improve public education and media literacy; and collaborating with social media platforms to ensure that their approaches to content moderation, including the use artificial intelligence-driven tools, reinforce and respect human rights."
- "States should promote effective access to the Internet and other digital technologies for all parts of population, including by closing digital gaps based on gender, race, ethnicity, disability, socio-economic status and other bases, and putting in place clear requirements and policies to ensure respect for the principle of net neutrality."
- "There should be no prior censorship of the media, including through means such as the administrative blocking of media websites or Internet shutdowns."
- "There should be no general or ambiguous laws on disinformation, such as prohibitions on spreading “falsehoods” or “non-objective information”."
- "All publicly-owned media should, during election periods, ensure that the public is informed about election matters, respect strict rules of fairness, impartiality and balance, and grant all parties and candidates equitable opportunities to communicate directly with the public, either for free or at subsidised rates."
- "Any rules on election spending which are designed to create a level electoral playing field should be applicable to legacy and digital media, taking into account their differences, including rules about transparency of political advertising."
- "Directing targeted political advertising, based on personal data, at individuals through the media should not be allowed, especially during election periods, unless those individuals have consented to the use of their personal data for this purpose."
- "States should consider supporting positive measures to address online disinformation, such as the promotion of independent fact-checking mechanisms and public education campaigns, while avoiding adopting rules criminalising disinformation."
- "Online intermediaries and digital media should implement the UN Guiding Principles on Business and Human Rights and conduct due diligence to ensure that their products, policies and practices, including in the areas of collection of private data and microtargeting of messages, do not interfere with human rights."
- "States should refrain from adopting unnecessary and/or disproportionate laws criminalising or imposing harsher penalties on online expression than its offline equivalent."