Explanatory Memorandum

1. The right to freedom of assembly and association is enshrined in Article 11 of the European Convention on Human Rights (ECHR). It also relates to the principles established by the Court regarding the protection of political speech, in particular that there is little scope under Article 10, paragraph 2 of the ECHR for restrictions of political speech or debates of questions of public interest.

2. The user has the right to peacefully assemble and associate with others using the Internet. This includes forming, joining, mobilising and participating in societal groups and assemblies as well as in trade unions using Internet-based tools. This also includes for example the signing of a petition to participate in a campaign or other forms of civic action. The user should have the freedom to choose the tools for the exercise of the rights such as websites, applications or other services. The exercise of this right is not conditional upon any formal recognition of social groups and assemblies by public authorities.

3. The right to protest applies equally online and offline. Protests which have consequences for the general public, such as disruption or blocking of access to premises, fall within the limits of the exercise of freedom of assembly in accordance with Article 11 of the ECHR. However, this may not always be the case when such action gives rise to the disruption of online services, such as unauthorised access to a particular website or a restricted online space, or the handling of digital content without authorisation. Ultimately, it is important to apprise the user that the freedom and consequences of online protest, engendering disruption, may not be as freely accepted.

4. The Internet has become a tool for citizens to actively participate in building and strengthening democratic societies. The Committee of Ministers has recommended that its member States should develop and implement strategies for e-democracy, e-participation and e-government using information and communication technologies (ICTs) in democratic processes and debates, both in relationships between public authorities and civil society as well as in the provision of public services.

5. This includes the freedom to participate in local, national and global public policy debates, legislative initiatives as well as in the scrutiny of decision-making processes, including the right to sign petitions by means of using ICTs where they exist. This is based on Committee of Ministers' recommendations to its member States to encourage the use of ICTs by citizens (including online forums, weblogs, political chats, instant messaging and other forms of citizen-to-citizen communication) to engage in democratic deliberations, e-activism and e-campaigning, put forward their concerns, ideas and initiatives, promote dialogue and deliberation with representatives and government, and to scrutinise officials and politicians in matters of public interest.

Please see here the full text of the Explanatory Memorandum.