Internet intermediaries and their impact on freedom of expression focus of OSCE-Council of Europe conference

VIENNA, 13 October 2017 – The increasing demands and expectations on internet intermediaries “to do more” about illegal content and activity online, and the impact of this on human rights and fundamental freedoms such as the freedom of expression, were the focus of a joint OSCE-Council of Europe conference on internet freedom in Vienna today.

The conference, which focused on the role and responsibilities of internet intermediaries, was jointly organized by the Austrian OSCE Chairmanship and the Czech Chairmanship of the Council of Europe (CoE), in partnership with the Austrian Federal Chancellery, the CoE Information Society and Action against Crime Directorate, and the Office of the OSCE Representative on Freedom of the Media.  

“Reportedly, Facebook deletes 66 000 posts per week,” OSCE Representative on Freedom of the Media Harlem Désir said in his opening remarks. “These also include journalists’ articles. Sometimes they are deleted upon the request of national governments. This leads to the question how safe media freedom is in the hands of private intermediaries."

The first part of the conference was dedicated to how standards for online participation are being shaped. Drawing on reports by civil society organizations, the participants discussed issues related to transparency and the promotion of a free internet on the governmental side, and the extent to which intermediaries’ policies are in line with human rights standards, especially in regard to the freedom of expression and privacy. 

“The regulatory choices that are made today will have a profound impact on the future of internet freedom. It is of crucial importance that we engage in this discussion, and ensure that all perspectives are addressed,” said Clemens Koja, Chairperson of the OSCE Permanent Council.

The second part of the conference was devoted to the topics of self-regulation and an adequate legal and policy framework for securing internet freedom.

The participants, representing government authorities, civil society, international organizations, academia, the judiciary and the private sector, including Google and Facebook, addressed the many challenges related to demands on intermediaries to play a proactive role addressing online hate speech, depictions of child abuse, terrorism-related or copyright-infringing material, and other unlawful content.  

“We can only be effective in fighting them if all actors, public or private, recognize their specific obligations, duties and responsibilities, and co-operate closely,” said Jan Kleijssen, Director of the CoE Information Society and Action against Crime Directorate. “There are certain functions that are the ultimate prerogative of states, but internet companies do have a role to play based on clear, foreseeable and proportionate rules that fully comply with human rights, the rule of law and democratic values. Global influence brings global responsibilities for internet companies but they should not replace parliaments or courts.”