Council of Europe and the Internet

Council of Europe and the Internet

1010101 Council of Europe and the Internet The Council of Europe works with its 47 member states, the private sector, civil society and other actors to shape an Internet based on human rights, pluralist democracy and the rule of law. We promote an Internet with a maximum of rights and services subject to a minimum of restrictions and a level of security which users are entitled to expect. Our ultimate aim is to ensure that the Internet provides a safe and open environment where freedom of expression, freedom of assembly, diversity, culture, education and knowledge can flourish. International law To achieve these aims, the Council of Europe has created and is promoting globally international conventions in fields such as cybercrime, data protection and the protection of children. It is also developing model legislation - via recommendations to its member states - and guidelines for private sector Internet actors. The Organisation has committed to ten Internet governance principles and has called on its member states to uphold them when developing Internet related public policies. It has also encouraged other stakeholders to embrace them in the exercise of their own responsibilities. 2012-2015 strategy In March 2012 the Organisation adopted an Internet governance strategy containing more than 40 lines of action for the period 2012-2015. People should be at the centre of the Internet. That is why, in the framework of the strategy, we are currently working on the development of a compendium of existing human rights for Internet users. We firmly believe in the value of multistakeholder dialogue, and promote and support the Internet Governance Forum (IGF) and the European Dialogue on Internet Governance (EuroDIG). As part of this approach, the Council of Europe is an observer to the Governmental Advisory Committee (GAC) of the Internet Corporation for Assigned Names and Numbers (ICANN). The following factsheets offer an overview of the Council of Europe s objectives and achievements in several fields of work relating to the Internet. 2

01011010 The Internet, a public service accessible by everyone The Internet is today an essential tool for accessing information and communicating with others, as well as for many other daily activities. It is a service in itself and it provides access to many other services. It has also become important for participation in democracy and for social inclusion. It is crucial that Internet services are accessible and affordable, as well as secure, reliable and continuously available. Improving access to the Internet is the only way more people will benefit from all the opportunities it offers. Objectives n Promoting the public service concept of the Internet and e-accessibility; n Encouraging the use of information and communication technologies (ICT) to reinforce democratic processes and public participation in Internet governance; n Making the Internet accessible to people with disabilities and improving their quality of life. Achievements Access for all n Committee of Ministers Recommendation to member states on measures to promote the public service value of the Internet (2007). n The Council of Europe has called on its member states to create public access points offering a minimum range of communication and information facilities, in line with the principle of universal community service. E-democracy n Recommendations of the Council of Europe Committee of Ministers to member states on: - electronic democracy (e-democracy), setting out principles and guidelines, accompanied by a set of generic tools for electronic democracy and a technical glossary (2009); - electronic voting (2004); - electronic governance (2004); n Code of good practice on information, participation and transparency in Internet governance, developed in cooperation with United Nations Economic Commission for Europe and the Association for Progressive Communications. The code contains guidelines for Internet governance entities to maintain and improve transparency, inclusiveness and accountability, for example through multistakeholder participation, open discussion and inclusive decision making. 3

1010101 Participation by people with disabilities n The Council of Europe is currently implementing an Action Plan to promote the rights and full participation of people with disabilities in society (2006-2015). It aims to improve the quality of life of people with disabilities as regards their participation in politics and cultural life, their employment and social and legal protection. The Action Plan calls on states to ensure that public authorities make their information and communications accessible to people with disabilities. n Recommendations of the Committee of Ministers to member states on: - The participation of persons with disabilities in political and public life (2011), which calls for increasing the participation of disabled people in political and public life at all levels, including accessibility to information and communication. - Achieving full participation through universal design (2009). Universal design aims to make the design and development of information technologies and services accessible to everyone, preferably without the need for adaptation or specialised solutions. - Ageing and disability in the 21st century: sustainable frameworks to enable greater quality of life in an inclusive society (2009), which stresses that new technology applications should be fully accessible to old persons with disabilities. n Parliamentary Assembly Recommendation and Resolution Access to rights for people with disabilities and their full and active participation in society (2009), calling on member states to ensure full access to the media, including Internet, for people with disabilities. n Parliamentary Assembly Recommendation Towards full citizenship of persons with disabilities through inclusive new technologies (2001), determining the conditions enabling people with disabilities to derive full benefit from the opportunities offered by the Internet. www.coe.int/democracy www.coe.int/t/dc/files/themes/handicap 4

01011010 Protecting freedom of expression and information Free, independent and diverse media are essential for democracy. Blogs, social networks, content aggregators and search engines enable individuals to access information and communicate with thousands of people in completely new ways. Together with traditional media, these new media actors are today essential sources of information. Article 10 of the European Convention on Human Rights (ECHR) states that everyone has the right to freedom of expression and information. This right applies equally offline and online, and should be balanced with other legitimate rights and interests in compliance with Article 10. Existing standards developed for traditional media may well apply to new media, which means they may be entitled to rights, but also subject to responsibilities. In two recommendations adopted in 2012 the Council of Europe called on its member states to safeguard human rights with regard to search engines and social networks, in particular with regard to freedom of expression, access to information, freedom of association and the right to private life. For individuals to fully enjoy freedom of expression and information online, the Internet needs to be stable and open. Technical failures and intentional disruptions can impact access to information regardless of frontiers. The Council of Europe has developed a framework of international cooperation to prevent and respond to eventual disruptions of the Internet. Objectives The following are some of the key issues the Council of Europe will work on in the near future to protect and promote freedom of expression and free access to information. n Developing standards based on human rights to protect and preserve free cross-border flow of legal Internet content. n Exploring the balance between safeguarding freedom of expression and protecting the honour and reputation of persons. n Developing working with other stakeholders - a framework of understanding and/or commitments to protect the universality, integrity and openness of the Internet as a means of safeguarding freedom of expression regardless of frontiers and Internet freedom. n Drafting human rights policy principles on network neutrality to ensure Internet users have the greatest possible access to content, applications and services of their choice. n Promoting the accessibility of Internet content to all actual or potential users. n Developing guidelines and best practice to help governments and Internet intermediaries acting as media gateways to promote freedom of expression and access to pluralistic, quality-based and diverse sources of information. 5

1010101 n Increasing the literacy of all social and age groups. n Promoting transparency and accountability in democracy by using the Internet to facilitate access to official documents as part of the implementation of the Council of Europe Convention on Access to Official Documents. Achievements Council of Europe Committee of Ministers recommendations on: n The protection of human rights with regard to social networking services (2012). n The protection of human rights with regard to search engines (2012). n The protection and promotion of Internet s universality, integrity and openness (2011). n A new notion of media (2011). n Measures to promote respect for freedom of expression and information with regard to Internet filters (2008). n Measures to promote the public service value of the Internet (2007). n Promoting freedom of expression and information in the new information and communications environment (2007). Council of Europe Committee of Ministers declarations on: n The need for international standards for libel tourism (2012). n The protection of freedom of expression and freedom of assembly and association with regard to privately operated Internet platforms and online service providers (2011). n The protection of freedom of expression and information and freedom of assembly and association with regard to Internet domain names and name strings (2011). n Network neutrality (2010). n The management of the Internet protocol address resources in the public interest (2010). n Measures to promote the respect of Article 10 of the ECHR (2010). n The allocation and management of the digital dividend and the public interest (2008). n Freedom of communication on the Internet (2003). Next steps In 2013 a conference of European ministers responsible for Media and the Information Society will be held in Belgrade to decide on the priorities of the Council of Europe to protect freedom of expression and information in the near future. www.coe.int/media 6

01011010 Personal data protection and privacy The Internet has made the access and exchange of information including personal data easier and faster than ever. Individuals are providing their personal data online, knowingly and sometimes unknowingly for many different purposes, such as purchasing goods and services, playing, e-learning or paying taxes. Social interactions are also increasingly taking place over the net for example in social platforms, creating new opportunities, but also risks to privacy. The frontierless nature of the Internet, which enables the free flow of data across countries, also brings new challenges. Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data In 1981 the Council of Europe adopted the first international treaty to address the right of individuals to the protection of their personal data: the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, known as Convention 108. The treaty was drafted in a technologically neutral style, which enables its provisions to be fully valid today, regardless of technological developments. To ensure that its data protection principles are still adapted to new tools and new practices, the text is currently being updated. To this day, it still remains the only legally binding international instrument with a worldwide scope of application, open to any country, and with the potential to become a global standard. Objectives n Establish a number of principles for states to transpose into their domestic legislation to ensure that data is collected and processed fairly and through procedures established by law, for a specific purpose, that it is stored for no longer than is required for this purpose, and that individuals have a right to have access to, rectify or erase their data. n An additional protocol requires each party to establish an independent authority to ensure compliance with data protection principles, and lays down rules on transborder data flows. Achievements n Forty-four countries have ratified Convention 108 and many others have used it as a model for new data protection legislation. 7

1010101 n The Council of Europe has adopted a number of recommendations aimed at applying the general principles set out in the convention to the specific requirements of various areas of society: - profiling (2010); - privacy on the Internet (1999); - personal data collected and processed for statistical purposes (1997); - medical and genetic data (1997); - personal data in the area of telecommunication services, telephone in particular (1995); - communication to third parties of personal data held by public bodies (1991); - payments and other related operations (1990); - data used for employment purposes (1989); - police files (1987); - social security (1986); - direct marketing (1985); - scientific research and statistics (1983); - automated medical data banks (1981). n Publication of studies and reports on the application of the convention s principles to video surveillance, smart cards, biometric data, global telecommunications networks and profiling. n In 2007 the Council of Europe launched Data Protection Day, which is celebrated every year globally on 28 January to raise awareness of data protection issues. Next steps n The Council of Europe is encouraging non-european states with adequate data protection legislation to apply for accession to the Convention 108. n The Council of Europe is currently updating the convention. The modernisation work has taken into account contributions from multiple stakeholders from around the globe. This work is closely linked to the current reviews of other international frameworks, such as within the EU, the OECD or APEC. n The data protection recommendations regarding employment and police are being revised. www.coe.int/dataprotection 8

01011010 Council of europe action against cybercrime As societies rely more and more on information and technology, they become increasingly vulnerable to risks, in particular cybercrime. The Budapest Convention on Cybercrime provides a response to this risk, not only in Europe but worldwide: through its Programme on Cybercrime the Council of Europe is providing technical assistance to countries globally. The Council of Europe is also addressing other threats related to the net. The Convention on the Prevention of Terrorism (2005) contains provisions that make recruiting and training terrorists via the Internet a terrorist offence. The Lanzarote Convention (2007) addresses the sexual exploitation and abuse of children, which also covers the online environment. The Data Protection Convention 108 provides safeguards against the illegal collection and use of personal data. Budapest Convention on Cybercrime n The Cybercrime Convention (2001) is the only binding international instrument on this issue. It serves as a guideline for any country wishing to draw up comprehensive legislation to combat cybercrime, and as a framework for co-operation between its States Parties. n It is supplemented by a protocol on xenophobia and racism committed through computer systems (2003). n The convention defines conduct rather than technology, ensuring that laws and procedures remain valid as technology evolves. n The Cybercrime Convention Committee follows up, assesses implementation by the Parties and reviews the need for additional standards. Objectives n Criminalise offences against the confidentiality, integrity and availability of computer data and systems, computer-related offences, content-related offences (i.e. child pornography, racism and xenophobia) and offences relating to infringement of copyright and associated rights. n Set up procedures to make investigations more efficient. n Provide a legal basis for international co-operation between States Parties to the convention, including exchanges of spontaneous information, extradition and international mutual assistance, and 24/7 contact points. 9

1010101 States Parties (37): Albania, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, France, Georgia, Germany, Hungary, Iceland, Italy, Japan, Latvia, Lithuania, Malta, Moldova, Montenegro, Netherlands, Norway, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Switzerland, The former Yugoslav Republic of Macedonia, Ukraine, United Kingdom, United States. Signatory states (10): Canada, Czech Republic, Greece, Ireland, Liechtenstein, Luxembourg, Poland, Sweden, Turkey, South Africa. Invited to accede (8): Argentina, Australia, Chile, Costa Rica, Dominican Republic, Mexico, Philippines, Senegal. Achievements n Many countries are strengthening their legislation using the Convention on Cybercrime as a guideline or model law, i.e. Argentina, Benin, Botswana, Cambodia, countries of the Caribbean, Chile, Colombia, Costa Rica, the Dominican Republic, India, Indonesia, Mauritius, Mexico, Morocco, Niger, Nigeria, the Philippines, Sri Lanka and many others. n Co-operation between key stakeholders strengthened, including public - private co-operation. n Guidelines to strengthen co-operation between the law enforcement authorities and Internet service providers in the investigation of cybercrime under the Project on Cybercrime (2008). These guidelines are now being applied in several countries and the EU is also using them. n A concept for training judges and prosecutors on cybercrime and electronic evidence (2009). n A typology study on criminal money flows on the Internet by the Global Project on Cybercrime jointly with MONEYVAL and led by the Russian Federation. n Measures promoted to protect children against online sexual exploitation and abuse in line with the Cybercrime Convention and the Lanzarote Convention. n Stronger capacities for international investigations through the establishment of 24/7 contact points, the training of authorities for judicial cooperation and close co-operation between the Council of Europe, Interpol, Europol and the G8 High-tech Crime Subgroup. n Assistance is provided to states through the Programme on Cybercrime. It includes joint projects with the EU and the Global Project on Cybercrime (funded by Estonia, Japan, Monaco, Romania, United Kingdom, Microsoft, McAfee and Visa Europe). n Every year the Council of Europe organises the Octopus Conference on Cybercrime, which brings together experts from all over the world to exchange knowledge and experience. www.coe.int/cybercrime 10

01011010 Children and the Internet: protection and participation Today s children have entirely integrated the Internet in their interaction with others. They have adopted specific communication habits which have significant influence on their role in society and the way in which they can exercise their rights. The Internet provides a great many opportunities for children to spend their leisure time, to learn, to express themselves and to influence decision making, in short: to enjoy their right to participation. Yet it is also a space where children are more easily exposed to violence, abuse or exploitation and therefore at risk of having their rights violated, in particular their right to be protected and to live in a safe environment, in accordance with their best interests. Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (2007) contains provisions criminalising the use of new technologies the Internet in particular to sexually harm or abuse children. It is open to any country in the world. n The convention represents major progress towards preventing sexual offences against children, prosecuting the perpetrators and protecting their victims. Available data suggest that about one in five children in Europe are victims of some form of sexual violence. n It is the only international treaty to make sexual abuse a criminal offence, with criminal penalties for: those who recruit children into prostitution and those who have recourse to them; the production, supply, distribution and possession of child pornography and online access to it; soliciting children on chat rooms or online game sites for sexual purposes n As a preventive measure, the convention recommends that primary and secondary school children be informed of the risks of Internet use. 11

1010101 Transversal programme Building a Europe for and with children The programme Building a Europe for and with children, launched in 2006, aims to ensure an integrated approach to promoting children s rights in the Council of Europe s policies and help decision makers to develop national strategies. Objectives n Promote children s rights. n Eliminate all forms of violence against children. Achievements n Recommendations of the Committee of Ministers on: - measures to protect children against harmful content and behaviour and to promote their active participation in the new information and communications environment (2009); - measures to promote the respect of freedom of expression and information with regard to Internet filters (2008), with specific provisions on children; n Declaration of the Committee of Ministers on protecting the dignity, security and privacy of children on the Internet (2008). Activities n Through the Wild Web Woods game, to teach children aged seven to ten how to browse the Web safely; available in 25 languages. The game promotes key Council of Europe values, including democracy, respect for others and children s rights. The game is accompanied by an online teaching pack for teachers. n The Council of Europe is carrying out a campaign under the slogan ONE in FIVE to stop sexual violence against children. There is an information pack for the campaign including child- and family-friendly posters and postcards, a TV spot, a book on sexual violence and a website. This includes the children s book Kiko and the hand, accessible online and currently available in four languages, to empower children and teach the Underwear Rule. n The Council of Europe is currently implemententing its Strategy for the Rights of the Child for the period 2012-2015. Among other objectives, it aims at further protecting and empowering children in the new media environment by developing awareness-raising material, evaluating relevant national measures to fight harmful content and attitudes, and enhancing international cooperation. www.coe.int/children 12

01011010 Internet content and equality between men and women As a space for learning, leisure and accessing information, the Internet plays an essential role in shaping our conception of the world, our opinions and our values. Gender stereotypes existing in the offline environment which are the root of inequality between men and women, and at the origin of gender violence are also present in the online world. Children and young people are in the process of forming their opinions and attitudes about norms and acceptable behaviour, and also about sexuality. Their attitudes toward women and men, their present and future conduct and roles are being strongly influenced by Internet content. Certain online services and easily available violent and sexist material can also put them at risk. The challenge is how to protect their full enjoyment of the right to freedom of expression and access to information in online environments and at the same time prevent the damaging effects of gender-related harmful content. This is indispensable for achieving de facto equality between men and women. On the Internet women can be exposed to risks such as surveillance, harassment, stalking, identity theft and manipulation, which are also related to consequences offline, such as persecution in private and professional environments, defamation or bodily harm. The tracking of mobile phones is seen as a useful innovation; however, it is often used for stalking. Being aware about the way individuals think about gender, including stereotypes and how discrimination and gender roles hurt people, can help understand how Internet contents of a sexual and violent nature can lead to violence and discrimination against women. Objectives n Promote the introduction of a gender perspective into the mainstream discussion on Internet content regulation so that policy-makers and the private sector can better understand how the Internet impacts women and men differently, and how this can contribute to fighting gender inequality and the violence related to it. n Promote a gender perspective and equality between women and men in the electronic media. n Promote women s participation in the Internet industry, in particular in decision-making. n Encourage the use of non-sexist language and images in the media, including the Internet. n Encourage states to promote training, education and awareness raising action to combat sexist stereotypes. 13

1010101 Achievements n Recommendations of the Council of Europe Committee of Ministers on: - gender mainstreaming in education (2007); - protection of women against violence (2002); - equality between women and men in the media (1984). n Recommendations of the Council of Europe Committee of Ministers on: - combating sexist stereotypes in the media (2010); - the image of women in advertising (2007); - the image of women in the media (2002). n Resolution and Action Plan adopted at the 7th Council of Europe Conference of Ministers responsible for Equality between Women and Men on Bridging the gap between de jure and de facto equality to achieve real gender equality (Baku, 24-25 May 2010). n Council of Europe handbook on strategies to combat gender stereotypes in the media (2011). Convention on preventing and combating violence against women and domestic violence The Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) was opened for signature in April 2011. It is the first international treaty in Europe creating a comprehensive legal framework to prevent gender violence, to protect victims and to end with the impunity of perpetrators of violence. The convention criminalises various forms of violence against women, including forced marriage, female genital mutilation, stalking, physical and psychological violence and sexual violence. While respecting the right to freedom of expression, the treaty encourages the information technology sector and the media to participate in developing policies to prevent violence against women and to enhance respect for their dignity, as well as to set guidelines and self regulatory standards. Next steps n Continued promotion of the Istanbul Convention to ensure its entry into force; n Keep the Istanbul convention in the political agenda of governments, parliaments, media and NGOs; n Make the Istanbul Convention known outside Council of Europe member states and spark interest in countries throughout the world to use the Istanbul Convention as a standard reference. www.coe.int/equality 14

01011010 Medicines on the Web - Risks and benefits The global nature of the Internet makes it an excellent way to promote health. But it can also give misleading information or be used to market harmful health care products. To a lot of consumers, the Internet means low prices, discounts, privacy, and access for people living in remote places or who want first access to new products. There are countless illegal offers of medicines on the Internet, many of them counterfeit. The World Health Organization estimates that in over 50 % of cases medicines purchased over the Internet from sites that conceal their physical address are counterfeit. MEDICRIME Convention In 2010 the Council of Europe adopted the Convention on counterfeiting of medical products and similar crimes involving threats to public health (MEDICRIME Convention), the first international criminal law treaty to address this public health problem. The convention provides a framework for sanctions, victim protection and national and international co-operation, and considers the use of the Internet to distribute counterfeit medical products to be an aggravating circumstance. It is open for signature by any country in the world. The MEDICRIME Convention criminalises: - the manufacturing of counterfeit medical products; - supplying, offering to supply and trafficking in counterfeit medical products; - the falsification of documents; - the unauthorised manufacturing or supplying of medicinal products and the marketing of medical devices that do not comply with conformity requirements. Objectives of the Council of Europe n Guaranteeing everyone s fundamental right to access information on health issues. n Raising awareness about the risks of counterfeit medicines for public health. n Combating counterfeit and illegal medicines and health care products. n Setting standards and taking practical measures to promote public health and high quality medicines and for countries to co-operate on ways to criminalise illegal practices. The European Directorate for the Quality of Medicines and HealthCare (EDQM) contributes to the basic human right of access to good quality medicines and health care by: n Elaborating quality standards for the manufacture and quality control of medicines in Europe (a European Pharmacopoeia comprising over 2000 standards) and beyond; and ensuring they are applied to substances used for the production of medicines. n Co-ordinating a network of some 100 official medicines control laboratories in 35 countries. 15

1010101 n Working with national and international organisations to combat illegal and counterfeit medicinal and medical products. n Providing policies and model approaches for the safe use of medicines in Europe, including guidelines on pharmaceutical care. n Establishing ethical and quality standards for the collection, storage and use of blood components for blood transfusion and organ transplantation. n Contributing to protect the health of consumers through specific programmes for standards for cosmetics and food packaging. Parties to the Convention for the elaboration of a European Pharmacopoeia (37): Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Turkey, United Kingdom, and the European Union. Observers (25): Albania, Algeria, Argentina, Armenia, Australia, Belarus, Brazil, Canada, China, Georgia, Israel, Kazakhstan, Madagascar, Malaysia, Moldova, Morocco, Republic of Ghinea, Russian Federation, Senegal, Singapore, Syria, Tunisia, Ukraine, USA and the World Health Organization. Achievements n Committee of Ministers Resolution on good practices for distributing medicines via mail order (2007); n Council of Europe Survey on counterfeit medicines (2006); n Model of a network of single points of contact (2007); n Committee of Ministers Recommendation on the impact of information technologies on health care the patient and Internet (2004); n Committee of Ministers Resolution on the pharmacist s role in the framework of health security (2001); n Practical guide for users to distinguish doubtful from reliable medical information, which also informs about the risks of buying medicines on the Internet; n Training for officials in the health and law enforcement sector on how to combat counterfeit medicines and protect public health. Next steps The Council of Europe is encouraging states all over the world to accede to the MEDICRIME Convention, which was opened for signature in Moscow on 28 October 2011. 16 www.edqm.eu www.coe.int/medicrime

01011010 Human rights guidelines for Internet service providers and online games providers The Council of Europe has created, in close co-operation with European online game designers and publishers and with Internet service providers (ISPs), two sets of guidelines which encourage operators to respect and promote privacy, security and freedom of expression when, for example, accessing the Internet, using e-mail, participating in chats or blogs, or playing games online. These guidelines offer simple and practical guidance to the operators concerned on how to make the Internet an open and safe place for users and to ensure their right to access the Internet and to play and create online. Objectives n Promote greater respect for privacy, security and freedom of expression of users. n Ensure peoples enjoyment of a maximum of rights and services, subject to a minimum of restrictions, while at the same time seeking to ensure the level of security that users are entitled to expect. Human rights guidelines for Internet service providers The guidelines for ISPs encourage providers to: n inform users about potential risks on the Internet, in particular: - risks for children such as encountering content that is illegal or may cause them harm (pornography, violence, demeaning or racist expressions) or of being exposed to harmful behaviour from other users (grooming, bullying); - security risks, for data integrity, confidentiality (when making transactions), phishing or network security; - privacy risks such as the collection, recording and processing of data (spyware, profiling). n ensure that information is available to their customers about filtering software that may block or restrict access to certain content; n ensure that the use of additional services such as chat, e-mail and blog services is as safe as possible; n establish appropriate procedures and technologies to protect the privacy of users and the secrecy of content. For example, the interception or monitoring of email should only be undertaken if there is a legal duty to do so, arising for example from a court order, or as necessary in order to protect users from unsolicited e-mail; n refrain from collecting or storing information about users unless this is necessary for specified and legitimate purposes complying with the law. 17

1010101 Human rights guidelines for online game designers and publishers These guidelines recommend to: n pay specific attention to the portrayal of violence especially when targeting children racist or xenophobic content, as well as content that may be advocating criminal or harmful behaviour, such as the use of drugs; n apply independent labelling and rating systems to games, such as the Pan European Game Information (PEGI) system and the PEGI Online Safety Code (POSC), to help inform gamers, parents and carers about content that may affect the sensibilities and values of users; n provide appropriate information to the users, parents and carers on the risks in a users guide in the language of the country where the game is marketed; n develop more in-game parental control tools, for example, for setting time-limits to prevent excessive use, and creating facilities to report information which may be illegal or harmful; n verify the unlawfulness of content generated by gamers by contacting the police and/or competent authority before removing it; n develop mechanisms for the automatic removal of content generated by users after a certain period of inactivity, in particular games targeting children and young people, to avoid prejudice to their dignity, privacy and security, now or later in their lives; n clearly inform gamers about the presence of advertisements or product placements along the lines of Article 10 of the PEGI Online Safety Code. www.coe.int/informationsociety 18

01011010 i a The Council of Europe is an intergovernmental organisation that brings together 47 states, covering almost the whole European continent, to promote human rights, the rule of law and democracy. Its headquarters are in Strasbourg (France). Member states: Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Republic of Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Turkey, Ukraine, United Kingdom. Alaska B ea u f or t S ea E a st S i ber i a n S ea S ea of O k h ot sk J a p a n S ea of J a pa n C a n a d a C h i n a H udson B ay G r e e n l (Den.) a n d Jan Mayen (Nor.) A r c t Svalbard (Nor.) i c O c e a n B a r en t s S ea R u s s t i o n i a n F e d e r a M o n g o l Map for illustrative purposes. Design: Latitude Mapping Ltd Azores (Port.) N o r t h O c e a n Madeira (Port.) A t l a n t i c Portugal Iceland Morocco The Faeroes (Den.) Ireland B ay of B i scay S p a i n United Kindom Andorra N or th Sea The Belgium Luxembourg F r a n c e Germany Switzerland Norway Sweden Denmark Netherlands Monaco Liechtenstein San Marino Tunisia Czech Rep. Austria Italy B al ti c Sea Poland Slovenia Croatia Finland Hungary Bosnia and Malta Estonia Latvia Lithuania Russia Slovakia Albania Belarus R o m a n i a Serbia the former Yugoslav Republic of Macedonia Greece Bulgaria U k r a i n e Rep. of Moldova M e d i t e r r a n e a n S e a B l a ck S ea Cyprus Tu r k e y Lebanon Israel Jordan Georgia S y r i a Armenia C a spi a n I r a q S ea K a z a k h s t a n Uzbekistan Turkmenistan I r a n Canary Islands (Spa.) A l g e r i a L i b y a E g y p t 19

Discover what the Council of Europe is doing on Internet governance at www.coe.int/internet www.coe.int/informationsociety Council of Europe / Photo: Michel Renard - September 2012