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Reporters
Without Borders on Freedom of the Internet
Reporters Without Borders
and the Organisation for Security and Cooperation in Europe (OSCE) have
made six recommendations to ensure freedom of expression on the Internet.
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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