"Remarks by Bjørn Berge, Deputy Secretary General of the Council of Europe"

Ambassador Schneider,

Ladies and gentlemen,

We meet for the 18^th time, this time in the beautiful city of Kyoto,

As it is seventeen years now since the United Nations established the Internet Governance Forum –

And it has proven to be an historic and highly relevant and helpful decision.

Technology is developing in a way and at a pace that the world has never seen before –

And which affects all of us – every country and every community around the world.

It therefore makes perfect sense to keep up the work to do all that we can to ensure enhanced digital co-operation and the development of a global information society.

Basically, this is about working together to identify and mitigate commons risks –

So that we can make sure that the benefits that new technology can bring to our economies and societies, are indeed helpful and respect fundamental rights.

Today, it is good to see the Internet Governance Forum making substantial progress towards a Global Digital Compact –

With human rights established as one of the principles in which digital technology should be rooted –

Along with the regulation of Artificial Intelligence – AI –

All to the benefit of people throughout the world.

The regulation of AI is also something on which the Council of Europe is making strong progress –

In line with our mandate to protect and promote common legal standards in human rights, democracy and the rule of law.

And the work we do is not only relevant for Europe alone, but often has a global reach.

Dear friends,

I believe all of us are fully aware of the positive changes that AI can bring:

Increased efficiency and productivity with mundane and repeated tasks moving from humans to machines -

Better decisions – made on the basis of big data, eliminating human error –

And improved services, based on deep analysis of vast quantities of information, leading to scientific and medical breakthroughs that seemed impossible until very recent times.

But with all of this comes significant, rights-based concerns.

Just a few days ago, the Council of Europe has published a study on tackling bias in AI systems, to promote equality. And I am very happy that the co-author of this excellent study, Ms Ivana Bartoletti, is here with uy today online to speak about these issues.

Other questions are related to the availability and use of personal data –

On responsibility for the technical failure of AI applications, and on their criminal misuses, in attacking election systems for example –

And on access to information, the growth of hate speech, fake news and disinformation, and how these are managed.

The bottom line is that we must find a way to harness the benefits of AI without sacrificing our values.

So, how can we do that?

Our starting point should be the range of internet governance tools that we have already agreed upon –

Some of which have a direct bearing on AI.

If I focus on Europe for a moment, this includes the Europe Convention on Human Rights has been ratified by all 46 European countries –

Also the European Court of Human Rights –

Whose judgments are legally binding for all member states, and include highly relevant internet governance issues.

Let me give you just one example of such a Court judgment –

A case that clarified that online news portals can be held liable for user-generated comments, if they fail to remove clearly unlawful content, promptly.

This is a good example of the evolution of law in line with the times.

Drawing from the European Convention, which builds upon the Universal Declaration of Human Rights, we also develop specific legal instruments designed to help member states, but also countries outside of Europe, apply our standards and principles as regards internet governance.

Our Budapest Convention is the first international treaty to combat cybercrime –

Including offences related to computer systems, data and content –

And its new, Second Additional Protocol is designed to improve cross-border access to electronic evidence –

Extending thereby the arm of justice further into cyberspace.

Our Convention 108 on data protection is similarly a treaty that countries also inside and outside Europe find highly relevant.

And this Convention of data protection has also been updated with an amending protocol –

Widely referred to as Convention 108+, which helps ensure that national privacy laws converge.

Added to this, over recent years we have, within the Council of Europe, adopted a range of recommendations to all our 46 member states covering everything from combating hate speech, especially online, to tackling disinformation.

And right now, we are working on a set of new guidelines on “countering the spread of online mis- and disinformation through fact-checking and platform design solutions” –

In addition, we are now looking at the impact of digital transformation of the media and this year, we will finalise work on a set of new guidelines for the use of AI in journalism.

So, all in all, we are indeed involved in a number of areas – trying to help and contribute.

But we need to go further still on AI specifically –

And here we are currently developing a far-reaching and first-of-its-kind international treaty, a Framework Convention, that will define a set of fundamental principles to help safeguard Human Rights, rule of law and democratic principles in AI.

Experts from all over Europe, as well as civil society and representatives from the private sector are leading and contributing to.

Such a treaty will set out common principles and rules to ensure that the design, development and use of AI systems respect common legal standards –

And that they are rights-compliant throughout their life-cycle.

Like the Internet Governance Forum, this process has not been limited to the involvement of governments alone – and this is crucially important –

Because we need to draw upon the unique expertise provided by civil society participants, academics, and industry representatives.

In other words we must always seek a multi-stakeholder approach –

To ensure that what is proposed is relevant, balanced and effective.

Such a new treaty, a Framework Convention, will be followed by a stand-alone, non-binding Methodology for the Risk and Impact of AI systems.

To help national authorities adopt the most effective approach to both the regulation and implementation of AI systems.

But it is also important to say here today that all of this work is not limited to only the Council of Europe or our member States.

The European Union is also engaged with the negotiations, as well as non-European countries.

As well as Canada and the United States, Mexico and Israel –

And this week Argentina, Costa Rica, Peru and Uruguay joined.

And of course, Japan –

A country that has been a Council of Europe Observer for more than 25 years.

And that actively participates in a range of our activities –

There is not doubt that Japan’s outstanding expertise and track record of technological development makes it a much-valued participant in our work.

And its key role globally, when it come to AI and internet governance, is only reconfirmed by hosting the Internet Governance Forum in Kyoto this year.

Dear friends,

There is still time for other like-minded countries to join this process of negotiating a new international treaty on AI.

Either taking part in the negotiations, or as observers –

A role that actually a number of non-members states have requested.

And I must say the negotiations are progressing well.

A Consolidated Working Draft of the Convention was published this summer –

And it will now serve as the basis for further negotiations.

And yes, our aim is that we should be able to conclude these negotiations by May next year.

Let me also underline that this Framework Convention will be open to signature from countries around the world.

So, it will have the potential for truly global reach –

Creating a legal framework that brings European and non-European states together –

Opening the door to a new era of rights-based AI around the world.

Let me therefore make a specific appeal to governments represented here today, to consider whether this is a process that they might join –

And a treaty that they most likely will go on to sign –

Just as I encourage those who have not yet done so, to join the Budapest Convention and the Convention 108 and 108+ treaties.

I believe it makes sense to work closely together on these issues, and make progress on the biggest scale possible.

Let me lastly on this point just say – and more broadly – that on the regulation of AI we can learn from each other –

Benefit from various experiences and tap into a large pool of knowledge and expertise globally.

Dear friends,

For us – in the Council of Europe – seeking multilateral solutions to multilateral problems is in our DNA –

And that spirit of cooperation makes it natural for us to work with others with an interest in these issues and others.

And here I also want to highlight our joint project with the Institute of Electrical and Electronic Engineers –

To elaborate a report on the impact of the Metaverse and immersive realities –

So as to see if our current tools are adequate for ensuring human rights, democracy and rule of law standards in this field.

And we are also co-ordinating closely with UNESCO –

As well as the Organisation for Economic Cooperation and Development – OECD–

The Organisation for Security and Co-operation in Europe – OSCE –

And the European Union – EU –

The aim is to make sure our work on AI and new technologies is complementary and compatible.

And I believe that is also why we are here today, as the Internet Governance Forum shares that spirit of ambition and co-operation.

This is the only approach, and its success is a must –

For the development of Artificial Intelligence –

And for helping to shape the safe, open, and outward-looking societies that uphold and protect fundamental rights and are true to our values.

Thank you for your attention.