All human beings are born free and equal in dignity and rights.
Their dignity and rights must also be respected and protected on the
Internet.
All rights and
freedoms contained in this Charter
are universal.
Accordingly, everyone is entitled to all the rights and freedoms set
forth in this Charter, without distinction of any kind, such as
ethnicity, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status or condition.
Everyone has the equal right to
access to the Internet. Where appropriate,
this includes the right to broadband access.
As the Internet has become an indispensable tool for many
life-related functions and is necessary for the enjoyment of other
rights like the right to education, all people must have access to the
Internet at affordable conditions.
Freedom of Access includes freedom of choice of
system and software use. To facilitate this and to maintain interconnectivity and
innovation, communication infrastructures and protocols should be
interoperable.
Internet access can only be restricted for necessary,
clearly specified and law-based reasons like efforts to eradicate child
abuse. Any restrictions must be strictly proportionate to the threat at
hand and must not undermine the openness of the Internet or its capacity
to support human rights.
An Internet based society and economy requires that all
have an equal opportunity for active and effective participation in and
through the Internet. To this end active support should be available for
self-managed and other community-based facilities and services to
ensure universal digital inclusion. Digital inclusion requires the
opportunity for access to, and effective use of the range of digital
media, communication platforms and devices for information management
and processing.
Everyone, in particular governments and business, should
undertake steps individually and through international assistance and
cooperation towards digital inclusion, i.e. equal access to information
technology and eliminating any discrimination in access to the Internet.
To contribute towards this end, public Internet access
points must be made available, such as at telecentres, libraries, community centers, clinics and schools as
well as support to access via mobile media so that all people can have
access where they live or work.
Women and men have an equal
right of access to learn about, define, access, use and shape the Internet. Efforts to increase access must recognise and redress existing
gender inequalities. There must be full participation of women in all
areas related to the development of the Internet to ensure gender
equality.
Interfaces, content and
applications must be designed to ensure accessibility for marginalised groups, people with disabilities
and people with different capacities to read and write.
The principle of inclusive design and the use of support
technologies must be promoted and supported to allow persons with
disabilities to benefit fully and on an equal basis with others.
People of all ages, including the young and the elderly,
have a right to attention to their specific needs in using the Internet
as part of their entitlement to dignity, to participate in social and
cultural life, and enjoy other human rights.
Everyone has the right to the
protection of their liberty and security online. This includes
protection against all forms of online harassment, trafficking,
cyber-stalking and misuse of one’s digital identity and data.
Everyone
has the right to enjoy functional and secure connections to and on the
Internet.
Any security measures which affect the Internet shall be
consistent with international human rights laws and standards
as well as the rule of law. They should be necessary for, and
proportionate to, the relevant purpose.
All people are equal before the law and are
entitled without any discrimination to equal protection of the law in
matters regarding the Internet. (This applies online as well as
offline.)
This however does not preempt any special legal
protections or measures at protective discrimination for people and
groups who may be structurally discriminated and require such measures
to ensure their substantive equality with others.
The Internet and physical means of traffic on it
shall be available to all on uniform, non-discriminatory terms. Internet
content should not be prioritised or discriminated against for
economic, social, cultural, religious or political reasons. Control of
Internet content must not affect the equal right of all people to
express themselves and access information online.
The public service value of the
Internet should be protected, including access to quality and diverse
information as well as different cultural content.
The Internet should
represent a diversity of cultures and languages in terms of appearance
and functionality. Cultural and
linguistic diversity on the Internet should be encouraged in form of
text, as image and sound. Technological evolution and innovation to promote diversity on the Internet should be encouraged.
All individuals and communities
have the right to use their own language to create, disseminate, and
share information and knowledge through the Internet. Special attention
should be given to minority languages.
The right to development
includes the full enjoyment of all rights related to the Internet and
set out in this Charter. Donor institutions and businesses have a
particular obligation to promote this right to their maximum capacity.
Everyone has a responsibility to
use the Internet in a sustainable and ecologically viable way. This
relates also to the disposal of e-waste as to the use of the Internet
for the protection of the environment.
Information and communication
technologies have a vital role to play in helping to achieve the U.N.
millennium goals of eradicating poverty, hunger, and diseases and
promoting gender equality and empowerment of women, particularly in the
developing world. All stakeholders should consider how they can develop
and implement technology that contributes to the eradication of poverty,
to enabling education and to sustainable human development and
empowerment.
Everyone has the right to
express one’s opinions on the Internet without interference.
Everyone has the right to
freedom of expression on the Internet, which includes the freedom to
seek, receive and impart information and ideas of all kinds, and
regardless of frontiers through any media of his or her choice
Freedom of expression is an essential pre-condition for the
realisation of other rights, freedoms and social goods, including
democracy, education and human development. It is therefore closely
linked to the need for plural and diverse content, and the equal
entitlement of all people to make their voices heard in the public
domain.
Organisations, communities and individuals have
the right to use the Internet to organize and engage in online and offline protest.
Restrictions on content by
censorship or filtering must be based on law and be consistent with
international human rights laws and standards as well as the rule of
law. They should be necessary for and proportionate to the relevant
purpose.
The Internet should be
free from censorship and filtering. Internet service
providers, search engines and other intermediaries that are forced by
governments to implement censorship or filtering should fully inform
users of the censorship criteria being used, and specify the relevant
laws and regulations requiring it.
Criteria for any filtering or censorship can only be
considered legitimate if it is permissible under national and human
rights law, developed in a publicly accountable and transparent manner,
and is publicly auditable and accountable.
A clear, efficient and
user-friendly appeals mechanism must be provided so that users can
appeal to the service provider and the government if they feel that
content is illegally or accidentally restricted.
Everyone has the right to receive
and impart information and ideas through the Internet.
Everybody has the right of access to
government information, according to international law or laws passed
democratically at the national level.
Everyone has the right to express and practice their faith on the Internet. This
includes exchange of information, communication, expression of opinions
and formation of religious communities or associations. Public or
private actors must not repress or persecute people for their religion
or beliefs expressed on the Internet.
The beliefs and
opinions of others should be respected. Any
advocacy of national, racial or religious hatred on the Internet that
constitutes incitement to discrimination, hostility or violence should
be prohibited by law.
The users of ICT tools, services
and platforms must be allowed to form, join, meet or visit an assembly,
group or association for any reason, including political and social.
Access to assemblies and associations using ICTs must not be blocked or
filtered.
Everyone has the freedom to
establish or join online communities.
No one shall be subjected to
arbitrary or unlawful interference with their privacy, family, home or
correspondence on the
Internet. Everyone has the right to the protection of the law against
such interference or attacks.
National legislation on privacy
should be based upon international privacy frameworks that comply with
the rule of law, respect fundamental human rights, and support
democratic institutions.
Privacy
policy and settings of all services should be easy to find, and the
management of privacy settings should be comprehensive and optimised for usability.
The right to
privacy must be protected by standards of confidentiality and integrity
of IT-Systems, providing protection against others accessing IT-Systems
without consent.
Everyone has a right to a digital
identity.
The digital identity of the human
person, i.e. the personal identification in information
systems is inviolable.
Digital
signatures, user names, passwords, PIN and TAN codes must not be used
or changed by others without the consent of the owner.
The virtual personality of human
persons needs to be respected. However, the right to a virtual
personality must not be misused to the detriment of others.
Everybody
has the right to determine the circulation and the use of his own
personal data. This right might be restricted only in the case of
prevalent public interest.
No one and no community
shall be subjected to unlawful attacks on their/its honour and
reputation on the Internet. Everyone has the right to the protection of
the law against such interference or attacks.
Every individual has the right to communicate anonymously
on the Internet and to use encryption technology. to ensure secure,
private and anonymous communication.
Everyone must be free to communicate without arbitrary
surveillance or interception, or the threat of surveillance or
interception. This includes the use of technologies such as deep packet
inspection, behavioural tracking and exercising control over
individuals, for example through cyber-stalking. Any agreement
regarding access to online services that includes acceptance of such
surveillance shall clearly state the nature of the surveillance.
Personal
data must be protected. Fair information practices should be enacted
into national law to place obligations on companies and governments who
collect and process personal data, and give rights to those individuals
whose personal data is collected.
Collection, use, disclosure and retention of
personal data must comply with a transparent privacy policy. Whoever requires personal data from persons, should
request the individual's informed consent regarding the content,
purposes, storage location, duration and mechanisms for access,
retrieval and correction of their personal data. Everyone must be free and able to exercise control over the
personal data collected about them and its usage. Everyone has a right
to access, retrieve and delete the personal data collected about them.
Public or private organisations that require personal information from individuals must
collect only the minimal data necessary and for the minimal period of
time needed. Data must be deleted when it is no longer necessary for the
purposes for which it was collected. Data collectors have an obligation
to seek active consent and to notify people when their information has
been forwarded to third parties, abused, lost, or stolen. Data Security
Appropriate security
measures shall be taken for the protection of personal data stored in
automated data files against accidental or unauthorised destruction or accidental loss as well as
against unauthorised access, alteration or dissemination.
Data protection should be
monitored by independent data protection authorities, which work
transparently and without commercial advantage or political influence.
Everyone has the right to be educated about the Internet
and to use the Internet for education.
Everyone has the right to use the Internet to access
knowledge, information and research.
Providers of tools, Internet services and content should not prohibit people
from utilising the Internet for
shared learning and content creation.
Virtual learning environments and other sorts of
multimedia, learning and teaching platforms should take into account
local and regional variations in terms of pedagogy and
knowledge-traditions.
Publications, research, text
books, course materials and other kinds of learning materials should
preferably be published as Open Educational Resources with the right to
freely use, copy, reuse, adapt, translate and redistribute them. Publishers and authors should not
enter contractual obligations which prevent the publication of
scientific and other works on the Internet.
Education on the Internet should
include raising awareness and respect for human rights (online and
offline).
Digital literacy should be a key component of education.
Knowledge and skills enable people to use and shape the Internet to meet their
needs. Local and national governments, international and community
organizations and private sector entities should support and promote
free or low-cost training opportunities, methodologies and materials
related to using the Internet for social
development.
Everyone has the right to use
the Internet to freely participate in the cultural life of the
community, to enjoy the arts and to share its scientific advancements
and benefits. This includes the right to access knowledge and
information on the Internet, regardless of frontiers.
No restrictions must be placed
on cultural expression and activities online.
Everyone should be able to
create and access information in their mother tongue.
Everyone has the right to the
protection of the moral and material interests resulting from any
scientific, literary or artistic production in the Internet of which
he/she is the author. Creators should
be remunerated and acknowledged for their work in ways that do not
restrict innovation or access to public, educational knowledge and
resources.
However, licensing and
copyright of content should permit knowledge to be created, shared, used
and built upon. Creators and users should use licensing models such as
Creative Commons.
Internationally accepted ‘fair use’ exceptions
and limitations to copyright should always be used, including making
copies for personal and classroom use, format conversion, library
lending, review, critique, satire, research and sampling. Digital Rights
Management (DRM) –techniques must not prevent ‘fair use’ exceptions.
Publicly funded
research and intellectual and cultural work should be made available
freely to the general public.
Open standards and open formats
should be made available wherever possible.
Free/libre and Open Source
Software (FOSS) should be used, promoted and implemented in public and
educational institutions and services.
When a free solution or
open standards do not exist, the government or the corresponding public
institution should promote the development of the software needed.
Children should be able to
benefit from the Internet according to their age. Children should have
opportunities to use the Internet to exercise their civil, political,
economic, cultural and social rights. These include rights to health,
education, privacy, access information, freedom of expression and
freedom of association. Children who are capable of forming their own
views have the right to express them in all Internet policy matters that
affect them, and their views should be given due weight according to
their age and maturity.
Children have a right to grow up and
develop in a safe environment that is free from sexual or other kinds
of exploitation. Measures should be taken to prevent the use of the
Internet to violate the rights of children, including through
trafficking and child abuse imagery. However,
such measures should uphold the rights of the child and should not
disproportionately or unnecessarily restrict or endanger the free flow
of information online.
In all matters of concern to
children and the Internet, the best interest of the child shall be the
primary consideration.
Workers' rights must be
respected in the information society. A necessary prerequisite for
realizing these rights for employees is the right to use the Internet to
form trade unions, including the right to promote one's own interests
and gather in freely elected organs of representation.
Workers and employees should
have Internet access at their work place, where available.
Any restrictions on Internet use
in the work place should be explicitly stated in staff or
organizational policies. The terms and conditions for surveillance of
the Internet use of employees must be clearly stated in work place
policies and comply with the right to data protection.
Everyone has the right to
participate in electronic government where available.
Everyone has the right to equal
access to electronic services in his country.
E-democracy and online voting
should be promoted whenever it bears the potential to enable a more
participatory democracy where political decisions are debated and taken
by more people, provided its security can be assured.
Everyone has the right to participate in the governance of
the Internet.
All
stakeholders should follow the principles of transparency, information
and participation in processes concerning Internet governance.
Everyone, in particular business
and governments, should respect, protect and fulfill principles of
consumer protection on the Internet. E-Commerce should be regulated by
governments in a way that ensure consumers the same level of protection
as they enjoy in non-electronic transactions.
Everyone has a right to access
health-related and social services as well as their own electronic
health records on the Internet.
Everyone has the right to an
effective legal remedy against any charges brought against him/her by
public authority or a private person with regard to matters related to
the Internet.
In the determination of any
criminal charge or civil rights or obligations regarding the Internet,
everyone shall be entitled to a fair and public trial hearing within a
reasonable time by an independent and impartial tribunal established by
law.
Everyone charged with a criminal
or civil law offence regarding the Internet shall be presumed innocent
until proven guilty according to law.
Everyone is entitled to due
process by public or private authorities dealing with legal claims or
possible violations of the law regarding the Internet.
All action taken against illicit
activity on the internet must be aimed at those directly responsible
for such activities.
No
one shall be held guilty of any criminal offence on the Internet on
account of any act or omission which did not constitute a criminal
offence under national or international law at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that
was applicable at the time the criminal offence was committed.
No one shall be liable to be
tried or punished again for an Internet offence for which he has already
been finally acquitted or convicted.
Everyone is entitled to
a social and international order of the Internet in which the rights
and freedoms set forth in this Declaration can be fully realised.
The Internet as a
social and international order should enshrine principles of
multilingualism, pluralism, and heterogeneous forms of cultural life in
both form and substance.
The Internet and the
communications system should be governed in such a way as to ensure that
it upholds and expands human rights to the fullest extent possible.
The interests of all
those affected by a policy or decision should be represented in the
governance processes, which should enable all to participate in its
development. Transparency and full and effective participation of all,
in particular disadvantaged groups in global, regional and national
decision-making should be ensured.
20) Duties and
Responsibilities on the Internet
Everybody using the
Internet has duties and responsibilities as well as rights. These
include respect for the rights of all individuals in the online
environment.
Power holders should
exercise their power responsibly, refrain from violating human rights
and respect, protect and advance them to the fullest extent possible.
21)
General Clauses
All rights contained in
this Charter are interdependent and mutually reinforcing.
Any restrictions of
rights in this Charter must be necessary, proportionate, defined in law
and consistent with international human rights law and standards.
Restrictions must not
be applied for any other purpose other than those for which they have
been described.
The fact that certain
rights and principles have not been included in this Charter or have not
been developed in detail does not preclude the existence of such rights
and principles.
Nothing in this Charter
maybe interpreted to impair any of the rights and freedoms set forth
therein.
http://internetrightsandprinciples.org/
