This is kinda old but may be relevant in context.
-BambaLaye

International | 20.06.2005

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

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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Reporters Without Borders defends imprisoned journalists and press freedom
throughout the world. It has nine national sections (Austria, Belgium,
Canada, France, Germany, Italy, Spain, Sweden and Switzerland). It has
representatives in Abidjan, Bangkok, London, Moscow, New York, Tokyo and
Washington. And it has more than 120 correspondents worldwide.

© Reporters Without Borders 2005

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