Recommendation CM/Rec(2011)8
*of the Committee of Ministers to member states on the protection and
promotion of the universality, integrity and openness of the Internet*
/(Adopted by the Committee of Ministers on 21 September 2011
at the 1121st meeting of the Ministers' Deputies)
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1. The member states of the Council of Europe, States Parties to the
Convention for the Protection of Human Rights and Fundamental Freedoms
(ETS No. 5, hereinafter "the Convention") have undertaken in Article 1
to secure to everyone within their jurisdiction the rights and freedoms
defined in this Convention. They have particular roles and
responsibilities in securing the protection and promotion of these
rights and freedoms and can be held to account for violations of these
rights and freedoms before the European Court of Human Rights.
2. The right to freedom of expression, which includes the freedom to
hold opinions and to receive and impart information and ideas without
interference, is essential for citizens' participation in democratic
processes. This right to freedom of expression applies to both online
and offline activities, regardless of frontiers. In a Council of Europe
context, its protection should be ensured in accordance with Article 10
of the Convention and the relevant case law of the European Court of
Human Rights.
3. The Internet enables people to have access to information and
services, to connect and to communicate, as well as to share ideas and
knowledge globally. It provides essential tools for participation and
deliberation in political and other activities of public interest.
4. The individual's freedom to have access to information and to form
and express opinions, and the ability of groups to communicate and share
views on the Internet depend on actions related to the Internet's
infrastructure and critical resources, and on decisions on information
technology design and deployment. Governmental action may also have a
bearing on the exercise of these freedoms.
5. In particular, access to and use of the Internet is exposed to risks
of disruption of the stable and ongoing functioning of the network due
to technical failures and is vulnerable to other acts of interference
with its infrastructure. The question of the stability and resilience of
the Internet is intrinsically related to the cross-border
interconnectedness and interdependence of its infrastructure, as well as
its decentralised and distributed nature. Actions that take place in one
jurisdiction may affect the ability of users to have access to
information on the Internet in another.
6. Moreover, decisions taken in the context of the technical
co-ordination and management of resources that are critical for the
functioning of the Internet, notably domain names and Internet protocol
addresses, may have a direct bearing on users' access to information and
on protection of personal data. These resources are distributed in
different jurisdictions and are managed by various non-governmental
entities with a regional or global remit.
7. Against this background, the protection of freedom of expression and
access to information on the Internet and the promotion of the public
service value of the Internet are part of a larger set of concerns about
how to ensure the universality, integrity and openness of the Internet.
8. People increasingly rely on the Internet for their everyday
activities and to ensure their rights as citizens. They have a
reasonable expectation that Internet services will be accessible and
affordable, secure, reliable and ongoing. The Internet is, similarly, a
critical resource for numerous sectors of the economy and public
administration.
9. These expectations give rise to state responsibility to preserve
carefully the general public interest in Internet-related policy making.
Indeed, many countries have recognised the public service value of the
Internet, whether in their national policies or legislation or in the
form of political declarations, including in international fora.
10. States have a duty to ensure the protection of fundamental rights
and freedoms of their citizens and they are called upon to respond to
their legitimate expectations regarding the critical role of the
Internet. As a result, it is the role of states to ensure the protection
of the public interest in international Internet-related public policy.
11. In addition, states have mutual expectations that best efforts will
be made to preserve and promote the public service value of the
Internet. In this context, it is necessary to acknowledge their shared
and mutual responsibilities to take reasonable measures to protect and
promote the universality, integrity and openness of the Internet as a
means of safeguarding freedom of expression and access to information
regardless of frontiers.
12. Therefore, the Committee of Ministers, under the terms of Article
15./b/ of the Statute of the Council of Europe, recommends member states to:
-- be guided by the principles contained in the Committee of Ministers'
Declaration on Internet governance principles, both in the context of
developing national Internet-related policies and when participating in
such endeavours within the international community;
-- protect and promote the universality, integrity and openness of the
Internet having regard to the principles and in accordance with the
commitment set out in this recommendation, and ensure that they are
reflected in practice and law;
-- ensure the broad dissemination of this commitment to all public
authorities and private entities, in particular those dealing with the
management of resources that are critical for the functioning of the
Internet, and to civil society organisations;
-- encourage these actors to support and promote the implementation of
the principles included in the present recommendation.
*Commitment to protect and promote the universality, integrity and
openness of the Internet*
*1. General principles*
_1.1. No harm _
1.1.1. States have the responsibility to ensure, in compliance with the
standards recognised in international human rights law and with the
principles of international law, that their actions do not have an
adverse transboundary impact on access to and use of the Internet.
1.1.2. This should include, in particular, the responsibility to ensure
that their actions within their jurisdictions do not illegitimately
interfere with access to content outside their territorial boundaries or
negatively impact the transboundary flow of Internet traffic.
_1.2. Co-operation _
States should co-operate in good faith with each other and with relevant
stakeholders at all stages of development and implementation of
Internet-related public policies to avoid any adverse transboundary
impact on access to and use of the Internet.
_1.3. Due diligence_
Within the limits of non-involvement in day-to-day technical and
operational matters, states should, in co-operation with each other and
with all relevant stakeholders, take all necessary measures to prevent,
manage and respond to significant transboundary disruptions to, and
interferences with, the infrastructure of the Internet, or, in any
event, to minimise the risk and consequences arising from such events.
*2. Integrity of the Internet *
_2.1. Preparedness _
2.1.1. States should, jointly, and in consultation with relevant
stakeholders, develop and implement emergency plans for managing and
responding to disruptions to, and interferences with, the infrastructure
of the Internet.
2.1.2. In particular, states should co-operate with a view to supporting
the development and implementation of common standards, rules and
practices aimed at preserving and strengthening the stability,
robustness and resilience of the Internet.
2.1.3. States should create an environment that facilitates information
sharing and response co-ordination among stakeholders, notably through
the creation of public-private partnerships, in respect of activities
involving a risk of causing significant transboundary disruptions to,
and interferences with, the infrastructure of the Internet.
_2.2. Response_
_2.2.1. Notification _
States should, without delay, provide notification of any risk of
significant transboundary disruptions to, and interferences with, the
infrastructure of the Internet to potentially affected states.
_2.2.2. Information sharing_
States should, in a timely manner, provide potentially affected states
with all available information relevant to responding to transboundary
disruptions to, and interferences with, the infrastructure of the Internet.
_2.2.3. Consultation_
States should enter into consultation with each other without delay with
a view to achieving mutually acceptable solutions regarding measures to
be adopted to respond to significant transboundary disruptions to, and
interferences with, the infrastructure of the Internet.
_2.2.4. Mutual assistance_
As appropriate, and with due regard to their capabilities, states
should, in good faith, offer their assistance to other affected states
with a view to mitigating the adverse effects of transboundary
disruptions to, and interferences with, the infrastructure of the Internet.
_2.3. Implementation_
States should, in consultation with relevant stakeholders, within the
limits of non-involvement in day-to-day technical and operational
matters, develop reasonable legislative, administrative or other
measures as appropriate to implement their due diligence commitments
regarding the integrity of the Internet.
_2.4. Responsibility_
States should engage in dialogue and co-operation for the further
development of international standards relating to responsibility and
liability and to the settlement of related disputes.
*3. Resources that are critical for the functioning of the Internet*
States should take all reasonable measures to ensure that the
development and application of standards, policies, procedures or
practices in connection with the management of resources that are
critical for the functioning of the Internet incorporate protection for
human rights and fundamental freedoms of Internet users in compliance
with the standards recognised in international human rights law.