Freedom of expression is one of the foundations of a democratic and pluralistic society. Its corollary is access for everyone to accurate, reliable and timely information, a key precondition for informed public participation. The role of the media and journalists in seeking out, verifying and distributing information is crucial.

States have the responsibility to provide adequate safeguards, both through law and practice, for the effective enjoyment and protection of freedom of expression, including by creating an enabling environment for free and responsible media to flourish and play their essential role in democracy.

The Council of Europe is well placed to help prevent and address the threats to the exercise of the rights and freedoms guaranteed by Article 10 of the European Convention on Human Rights, both offline and in the online environment.

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Back Secretary General concerned about Internet censorship

Rules for blocking and removal of illegal content must be transparent and proportionate
Secretary General concerned about Internet censorship

Following the publication today of a study on laws and practices of 47 member states on blocking, filtering and removal of Internet content, the Council of Europe Secretary General Thorbjørn Jagland urged European governments to ensure that their legal frameworks and procedures in this area are clear, transparent and incorporate adequate safeguards for freedom of expression and access to information in compliance with Article 10 of the European Convention on Human Rights.

“Governments have an obligation to combat the promotion of terrorism, child abuse material, hate speech and other illegal content online. However, I am concerned that some states are not clearly defining what constitutes illegal content. Decisions are often delegated to authorities who are given a wide margin for interpreting content, potentially to the detriment of freedom of expression. On the basis of this study we will take a constructive approach and develop common European standards to better protect freedom of expression online”, said Secretary General Jagland.

The study, which was commissioned to the Swiss Institute of Comparative Law, contains 47 country reports and a comparative assessment. It analyses legal frameworks in a wide range of areas including on child abuse material, the protection of national security, the protection of intellectual property rights, defamation and unlawful processing of personal data across the Council of Europe member states.

Counter-terrorism laws, in particular, raise serious concerns for freedom of expression. In many cases these laws permit blocking, filtering or removal of content on grounds that are formulated in vague or imprecise terms such as “extremism” or “terrorist propaganda”. Administrative authorities which are not sufficiently independent from the executive are authorised to take website-blocking measures. This sometimes results in Internet content restrictions without due regard for proportionality.

The study shows that states have taken varied approaches to address illegal Internet content. Some apply existing criminal and civil legislation whilst others have enacted specific regulations with procedures for blocking and content-removal applicable to information society services. Some other states rely on self-regulation by the private sector. Generally speaking, Internet companies have introduced rules in their terms and conditions and have put in place self-regulatory mechanisms to block websites or remove content deemed unlawful.

In a number of cases content removal is done on the basis of co-operation arrangements between law enforcement and Internet companies. In practice, this means that the decision on what constitutes illegal content is often delegated to private entities, which in order to avoid being held liable for transmission of illegal content may exercise excessive control over information accessible on the Internet.

  Study: Filtering, blocking and take-down of illegal content on the Internet

Country reports

Strasbourg 1 June 2016
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The right to freedom of expression and information constitutes one of the essential foundations of democratic society. In conflict situations and wars, the role of the media is critical in providing the public with accurate and timely information. Trustworthy news and images can contribute to the protection of civilians and conflict prevention, bring to the attention of the international community the horrors and reality of conflict and expose violations of human rights and international humanitarian law.

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Journalists Matter, the Council of Europe Campaign for the Safety of Journalists is an initiative aiming to promote press freedom and protect journalists from violence, threats, and harassment while performing their duties. As part of this Campaign, the Council of Europe is inviting everyone to support their cause, take action for their enhanced protection, while raising awareness about the importance of safeguarding journalists and their right to report the news freely and without fear. 

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