In order to better understand their human rights on the Internet, the Council of Europe has published a Guide for its users, clarifying what they can do if their rights are challenged, abused or violated.
The Council of Europe underlines that, in general, users' rights are defined in the terms of service of Internet companies, which are rarely read and even more rarely fully understood.
The Council of Europe lists the following as fundamental human rights on the Internet: protection of freedom of expression, freedom of assembly, freedom of association and participation, protection of privacy and data, education and learning, protection of children and youth, and the right to effective legal recourse for human rights violations.
The Guide has already been approved by the Committee of Ministers of the Council of Europe, which includes the foreign ministers of the 47 member states of this pan-European organization. “Governments, private companies and other actors have an obligation to respect human rights offline and online.
We will work with them to implement the guide, and to ensure that internet users have access to effective remedies when they consider that their rights have been restricted or violated,” said Council of Europe Secretary General Thorbjørn Jagland.
In summary, the Guide provides that
– Access to the Internet is a catalyst for the exercise of other human rights and users should not be disconnected from the Internet against their will, except by judicial decisions. – Users have the right to express themselves freely on the Internet and to have access to information and opinions of others, including those that may offend, shock or disturb other people, respecting the protection of the privacy of others. Public authorities have the obligation to respect and protect this right.
As clarified at this point, any restrictions on this freedom must be dictated by a legitimate aim, in accordance with the European Convention on Human Rights.
It is stated, for example, that the restriction of freedom of expression on the Internet is legitimate when it concerns the protection of national security or public order, but even in this case it must be in accordance with human rights law. These restrictions, it is emphasized, can be applied to users who, with their writings, incite discrimination, hatred or violence.
– Users have the right to associate and participate and therefore have the freedom to choose any website, application or other service to connect to and participate in online activities. They should, however, be aware that they may face legal consequences if online protest leads to access bans, disruption of services or damage to the property of others.
– Personal data of users should be processed only if they have consented to it or if it is required by law. Users must be informed about what personal data processing is being carried out, by whom, and for what purpose, as well as the fact that this legitimizes them to exercise control over it.
– Users should not be subject to general surveillance or monitoring measures, except in exceptional cases provided for by law, such as criminal investigations.
– Children and young people are entitled to specific protection and guidance when using the Internet. If the content they have published endangers their dignity, safety or privacy, or may be harmful to them in the future, at their request, it should be deleted within a short period of time. They should also be protected from interventions aimed at their sexual exploitation and abuse.
– Users have the right of genuine recourse against violations of their human rights.
In such cases, they can take legal action (not necessarily in court) against Internet service providers, public authorities or resort to human rights organizations, requesting explanations for their possible exclusion, corrections or even compensation.
The Guide explicitly states that Internet service providers, content and service access providers, or other businesses or public authorities should provide users with easily accessible information about their rights and national authorities have the obligation to protect users from criminal activity committed via the Internet.
If users are accused of a criminal offence committed on the Internet, they have the right to a fair trial within a reasonable time, by an independent and impartial tribunal, as well as an individual appeal to the European Court of Human Rights after exhausting all available domestic remedies.
Source: tro-ma-ktiko.blogspot.gr
