Realizing rights online – from human rights discourses to enforceable stakeholder responsibilities – WS 01 2017

From EuroDIG Wiki
Jump to navigation Jump to search

6 June 2017 | 14:30 - 16:00 | Ballroom I, Swissotel, Tallinn, Estonia | video record | video record
Programme overview wiki | Programme overview EuroDIG web site

Session teaser

Human rights matter in IG. Talking about them isn't enough. This workshop will explore what needs to be done in order to effectively realize human rights on the Internet: Human rights discourse must lead to an enforceable framework of rules. Special focus will be put on the role of intermediaries.

The questions everyone can participate in finding answers for are:

  • What can/should states do?
  • Can they rely on self-regulation?
  • How can they guarantee their primary duty to protect?
  • What obligations do intermediaries have (regarding hate speech/fake news)?
  • How to enforce the obligation to respect human rights?
  • And what about individuals?
  • Do we need new rights and new discourses?
  • How can we enforce existing ones?
  • Shall we rely on self-regulation or do we need more state involvement?

The workshop serves as a introduction into some of themes to be tackled in Plenary 2 on a post-truth Internet (especially regarding the 'public' or semi-public role of intermediaries regarding information.

Keywords

Human rights discourses, intermediaries, positive obligation, self-regulation, enforcement, new democracies, rule of law

Session description

Session would try to shed light on following key questions with the help of participants and speakers alike.

  • "HR in IG/Internet politics: the reality" will be analyzed by Wolfgang Kleinwächter
    • Discussing HR online and new normative approaches
    • An enhanced version of the "Charter on Digital Rights" which has been discussed in the German media and was presented during the re:publica conference in Berlin will be presented. One of the key elements of this draft is to propose mechanisms to institutionalize (human) rights and duties for non-state actors. The contribution will introduce also a new innovative mechanism for "implementation" (a European Internet Governance Ombudsman, alternative procedures for dispute resolution by neutral third parties/inspired by ICANNs UDRP).
  • "HR in IG/Internet politics: will be analyzed in the light of ICANN by Markus Kummer
    • How Human Rights found their way into the ICANN Bylaws and how the newly developed Framework of Interpretation for Human Rights could impact everyday users.
  • "HR as basis for standard-setting" will be outlined by Charlotte Altenhoener-Dion
  • "HR in IG/internet politics: Realizing Human Rights Across Stakeholders: The Example of Intermediaries " will be outlined by Matthias C. Kettemann
    • Intermediaries are key to our experience of the Internet. They have an essential structural role in enabling the exercise of human rights on the Internet. But they can also interfere with human rights. Recent judgements have not provided definitive answers as to their liability (or lack thereof) for user content. Efforts to combat hate speech have been neither effective nor fully legitimate. At the Council of Europe, a Recommendation on Internet Intermediaries is being drafted - and we will discuss it in Tallinn.

Format

Workshop with key participants

People

Focal Point:

  • Karmen Turk, Attorney-at-Law (TRINITI) and lecturer in the University of Tartu

Subject Matter Expert (SME):

  • Farzaneh Badeii (Internet Governance Project - Georgia Tech)

Key Participants

  • Charlotte Altenhoener-Dion
  • Wolfgang Kleinwächter
  • Markus Kummer
  • Matthias C. Kettemann

Moderator

  • Karmen Turk, Attorney-at-Law (TRINITI) and lecturer at the University of Tartu

Remote Moderator

  • Enrico Elefante

Organising Team (Org Team)

  • Matthias C. Kettemann
  • Charlotte Altenhoener
  • Ucha Seturi
  • Norbert Bollow
  • Markus Kummer
  • Wolfgang Kleinwächter

Reporter

  • Maarja Pild, attorney (TRINITI); lecturer at the University of Tartu

Video record

https://livestream.com/accounts/12493954/events/7461496/videos/157652227
https://livestream.com/accounts/12493954/events/7461496/videos/157652831

Messages

  1. Interpretation of human rights online
    There is no need to reinvent new internet specific human rights. The same rights that people have offline must also be protected online. The interpretation of human rights should be dynamic and interpretation must consider the technological revolution.
  2. Obligations of the states
    The negative and positive obligations of the states in relation to the internet must be clarified while taking into account and reminding the states the principles of multistakeholderism and legality.
  3. Obligations and rights of the internet intermediaries
    Functions to ensure human rights should not be delegated to intermediaries. Nevertheless, intermediaries should aim at respecting human rights, refrain from discrimination and aim for transparency.
  4. Education
    Informing people about their human rights online is crucially important. Media and information literacy programs should be promoted. It is also a responsibility of the intermediaries that users would be more aware of their rights.

Transcript

Will be provided here after the event.

Retrieved from "https://eurodigwiki.org/mw/index.php?title=Realizing_rights_online_–_from_human_rights_discourses_to_enforceable_stakeholder_responsibilities_–_WS_01_2017&oldid=10208"