Guide to Human Rights for Internet Users (and beyond) Ukrainian IGF - Kyiv, 3 October 2014

International contect – why the Council of Europe? CoE standards (EU acquis) and commitments (under ECHR, etc) CoE proven experience and results needed in international context Additional benefit  CoE standards will be phased into cooperation activities Other international initiatives ane events – Freedom Online Coalition etc.

A Guide to Human Rights Based on the European Convention of Human Rights Interpretations of case law of European Court of Human Rights Based on existing rather than new legislation Multi-stakeholder process Agreed by all 47 Member States

For whom, what for? Provide guidance for Internet users how their rights apply online Help government to understand their obligations Strengthen corporate social responsibility of private sector Platform for national debates on promotion of the human rights of Internet users

What kind of rights? Access and non-discrimination Freedom of expression and information Assembly, association and participation Privacy and data protection Education and literacy Children and young people

Access and non-discrimination Disconnection only by court order or based on contractual arrangements Affordable access and no discrimination by content (net neutrality) Specific measures for people with special need (geographic location, disability) No discrimination on any grounds: gender, race, colour, language, religion etc.

Assembly, association freedom to choose the means to join, mobilise or join social groups/assemblies Right to protest peacefully online, some action may lead to legal consequences E-democracy – freedom to use available online tools to participate in local, national and global public policy debates

Freedom of expression Freedom to express yourself and access information, also what may be regarded as offensive Restrictions to expressions that incite discrimination hate or violence Public authorities and internet service and online content providers have obligations; Right for anonymity that may be lifted

Privacy and data protection Regular processing of personal data, public authorities and private companies have obligations Users consent or law needed for the processing of data Only exceptional circumstances for interception of the personal data Right for assistance by data protection authorities

Education and literacy Online access to education and to cultural, scientific and other content in official languages Free access to publicly funded research and cultural works, copyright conditions may apply for private content Right for access to digital education and knowledge

Effective Remedies Right for remedy when human rights are restricted or violated Not necessarily legal action, can also be obtained from service providers, public authorities or human rights institutions Remedies could include: inquiry, explanation, reply, correction, apology, reinstatement, reconnection and compensation

Remedies in practice Internet service/content provider should provide easily accessible information about rights Public authorities, should give additional information and guidance, if need be protect the user from criminal activity In case of court proceedings, right for fair trial and right to an individual application to the European Court of Human rights

Implementing the Guide Empowering Internet users Assisting Member States Reinforcing trust in online services Building stakeholder capacity Monitoring

Partners, budget National institutions International organisations Media Private companies Civil society Funding status: ???

Web-site rights/

Contact Tanel Tang Deputy to the Permanent Representative Permanent Representation of Estonia to the CoE Skype: taneltang