Professional Documents
Culture Documents
the charter
of human
rights and
principles
for the
internet
Table of
Contents
Introduction 1
Appendices 28
The Internet Rights & Principles Dynamic and other covenants that make up the
Coalition is an international network of International Bill of Human Rights at the
individuals and organizations working to United Nations (http://www.ohchr.org/
uphold human rights in the online environ- EN/Issues/Pages/WhatareHumanRights.
ment and across the spectrum of internet aspx). It is the outcome of work from
policy-making domains. It is based at the many people and organisations over
UN Internet Governance Forum, an open the years and is growing in stature as
“multistakeholder” forum for government, others start to apply its 23 clauses to
business, and civil society groups to come specific situations. In 2011, the coalition
together to discuss mutual points of con- launched the Ten Punchy Principles
cern that fall under the rubric of internet (http://internetrightsandprinciples.org/
governance (http://www.intgovforum.org/ site/campaign), a distillation of ten key
cms). values and principles underlying the
Charter. This booklet contains both these
Since 2008, the IRP Coalition has been
documents. At the UNESCO First WSIS
active in promoting rights-based principles
+10 Review Meeting in early 2013 (https://
for internet governance, at the global IGF
www.unesco-ci.org/cmscore/events/51-
as well as in regional meetings and related
rights-based-principles-and-internet-
events. Individuals and organizations in
taking-stock-and-moving-forward), the IRP
the IRP Coalition come from all walks of
Coalition set out on the second phase of
life. It has participants from the Global
the IRPC Charter, “Charter 2.0”.
South and Global North—grassroots
groups, international NGOs, researchers,
activists, lawyers, businesses, internet and The aim of the Charter 2.0 project
mobile phone service providers, technical is twofold:
communities, government representatives, 1 To raise more awareness about the
and intergovernmental organizations. Charter in light of increasing public
concern at the national and international
The main work of the Internet Rights levels about the protection and
and Principles Coalition (IRP Coalition) to enjoyment of human rights online as well
date has been to translate existing human as offline.
rights to the internet environment to build 2 To open up participation and input as
awareness, understanding and a shared we look to upgrade parts of the current
Charter in order to underscore that the
platform for mobilisation around rights and
human rights and principles contained
principles for the internet. in this charter will provide a coherent
Our flagship document, the Charter and necessary framework for developing
internet governance principles at the IGF
of Human Rights and Principles for the and beyond.
Internet (http://internetrightsandprinciples.
org/wpcharter) covers the whole
gambit of human rights drawing on the
Universal Declaration of Human Rights
2
Get
Involved
The IRP Coalition is based in the Internet
Governance Forum. It is open to anyone who
wants to contribute to the work. You can find
out more about the IRP Coalition at www.
internetrightsandprinciples.org or through the
Internet Governance Forum website at http://
www.intgovforum.org/cms/dynamiccoalitions/72-
ibr.
Visit us online
igf-initiatives), the IRP Coalition website
(www.internetrightsandprinciples.org), and
for more
those of organizations who are part of the
coalition.
information
internetrightsandprinciples.org
4
10 Internet
Rights &
Principles
7
T
he Internet offers unprecedented opportunities for the realisation of human
rights, and plays an increasingly important role in our everyday lives. It
is therefore essential that all actors, both public and private, respect and
protect human rights on the Internet. Steps must also be taken to ensure
that the Internet operates and evolves in ways that fulfil human rights to the
greatest extent possible. To help realise this vision of a rights-based Internet
environment, the 10 Rights and Principles are:
The Charter of
Human Rights
and Principles
for the Internet
“T
9
PREAMBLE 12
18 RIGHT TO LEGAL REMEDY & FAIR TRIAL FOR ACTIONS INVOLVING THE INTERNET 25
a) Right to a legal remedy
b) Right to a fair trial
c) Right to due process
21 GENERAL CLAUSES 27
a) Interdependence of all rights in the Charter
b) Limitations on rights in the Charter
c) Non-exhaustive nature of the Charter
d) Interpretation of rights and freedoms of the Charter
12
Preamble
“
Whereas the Internet Whereas the universal, indivisible,
is a place where interdependent and interrelated nature of
people communicate, human rights outweighs the specificities
meet and congregate of any political, economic and cultural
and a basic utility for system;
people, communities, Whereas the Internet has historically
organizations and been a publicly as well as privately
institutions to ordered space, the realization and
accomplish all sorts of upholding of all human rights in the
activities in all areas of digital environment require that states
human and society endeavor; as well as all other society actors fulfill
Whereas affordable and knowledgeable their responsibilities in their respective
access to the Internet has become a capacities;
fundamental need to fully realize all Whereas a common understanding
human rights and fundamental freedoms, of how universal human rights and
democracy, development and social freedoms apply in the digital environment
justice; is necessary for the full realization of this
Whereas the governance of the Internet, pledge;
from its infrastructure and protocols to We bring this Charter of Human Rights
its applications and usages, have direct & Principles for the Internet as a
consequences on the realization of all common standard of achievement for all
human rights and fundamental freedoms, stakeholders in the Internet environment.
democracy, development and social Every individual and every organ of
justice; society shall act to promote respect for
Whereas the full and universal enjoyment these rights and freedoms and, by local
of all human rights and fundamental and global measures, to secure their
freedoms requires the effective realization universal and effective recognition and
of these rights also on the Internet; observance.
Whereas the global nature of the Internet
is a precious asset to increase and
sustain a better mutual knowledge, List of Acronyms & Abbreviations
understanding and acceptance of UDHR CRC
different peoples in a global word, Universal Declaration of Convention on the
Human Rights Rights of the Child
beyond the significance of local and
regional particularities and various ICCPR CRPD
International Covenant Convention on the
historical and cultural backgrounds; on Civil & Political Rights of Persons with
Rights Disabilities
ICESCR
International Covenant
on Economic, Social &
Cultural Rights
13
1 Right to Access to
Everyone should be able to innovate in
content, applications, and services without
b) Freedom of choice of
system and software use
Access includes freedom of choice
of system, application and software
use. To facilitate this and to maintain
interconnectivity and innovation,
communication infrastructures and
protocols should be interoperable, and
standards should be open.
14
2 Right to Non-
All hardware, code, applications and
content should be designed using universal
and Governance
specialized design. This includes the need
for multiple languages and scripts to be
As enshrined in Article 2 of the UDHR: supported.
everyone is entitled to all rights and
freedoms without distinction of any kind, c) Gender equality
"such as ethnicity, colour, sex, language, Women and men have an equal right to
religion, political or other opinion, national or learn about, define, access, use and shape
social origin, property, birth or other status". the Internet.
Nothing in the present Charter may be There must be full participation of women in
interpreted as preventing affirmative action all areas related to the development of the
designed at ensuring substantive equality for Internet to ensure gender equality.
marginalized peoples or groups.
On the Internet, the right to non-
discrimination in the enjoyment of all rights
includes:
a) Equality of access
Certain groups in society systematically
have more limited or restricted Internet
access and the means and opportunities for
effective use than others. This can amount
to de-facto discrimination in terms of their
ability to enjoy the human rights that the
Internet supports. Thus efforts to increase
access and effective use must recognize
and address these inequalities.
b) Marginalized groups
The specific needs of all people in using
the Internet must be addressed as part of
their entitlement to dignity, to participate in
social and cultural life, and to respect for
their human rights. Special attention must
be paid to the needs of marginalized groups
including the elderly, young people, ethnic
and linguistic minorities, and indigenous
peoples, persons with disabilities and all
sexuality and gender identities.
15
5 Freedom of
Freedom from censorship online also
includes freedom from blocking and
Internet
prior censorship and cannot be justified.
Internet intermediaries must never be
As enshrined in Article 19 of the UDHR: pressured by states or other parties to
“everyone has the right to freedom remove, hide or block content, or disclose
of opinion and expression; this right information about Internet users.
includes freedom to hold opinions without
interference and to seek, receive and impart
information and ideas through any media c) Right to information
and regardless of frontiers”. Everyone has the right to seek, receive and
impart information and ideas through the
As laid out in the ICCPR, the right to Internet.
freedom of expression may be subject
to certain restrictions, but these shall Everybody has the right of access to make
only be such as are provided by law and effective use of government information,
are necessary for respect of the rights or which must be released in a timely and
reputations of others; or for the protection accessible manner, according national and
of national security or of public order, or international law.
of public health or morals. No restrictions
to the right to freedom of opinion are d) Freedom of the media
permissible. The freedom and pluralism of the media
Freedom of expression is essential in any shall be respected.
society for the enjoyment of other human
rights and social goods including democracy
and human development.
e) Freedom from hate speech
The beliefs and opinions of others must
On the Internet, the right to freedom of be respected, online as well as offline. As
expression and information includes: laid out in Article 20 of the ICCPR, “any
advocacy of national, racial or religious
a) Freedom of online protest hatred that constitutes incitement to
discrimination, hostility or violence shall be
Everyone has the right to use the Internet to
prohibited by law”.
organize and engage in online and offline
protest. Certain very specific limitations to the
right to freedom of expression may be
undertaken on the grounds that they cause
b) Freedom from censorship serious injury to the human rights of others.
Everyone has the right to use the Internet However, this must not be used to protect
without censorship in any form. This abstract or subjective notions or concepts,
includes freedom from any measures or institutions, but rather to protect
designed to intimidate Internet users or individuals and groups of people.
close down expression online, including:
freedom from cyber attacks and freedom Restrictions under this article must meet the
from harassment online. standards for all restrictions of the right to
freedom of expression as defined above.
NOTES
17
6 Freedom of Religion
and Belief on the
Internet
As enshrined in Article 18 of the UDHR:
“everyone has the right to freedom of
thought, conscience and religion”. This
right includes freedom, either alone or in
community with others and in public or
private, to manifest his or her religion or
belief in teaching, practice, worship and
observance. This right also includes freedom
from religion. This right must not be used to
illegally limit any other human rights.
7 Freedom of Online
Assembly and
Association
As enshrined in Article 20 of the UDHR:
“everyone has the right to freedom of
peaceful assembly and association. No
one may be compelled to belong to an
association”.
On the Internet, the right to freedom of
assembly and association includes:
a) Participation in assembly
and association on the Internet
Everyone has the right to form, join, meet or
visit the website or network of an assembly,
group or association for any reason.
Access to assemblies and associations using
ICTs must not be blocked or filtered.
18
8 Right to Privacy on
Digital signatures, user names, passwords,
PIN and TAN codes must not be used or
personality
Everyone has a right to a virtual personality:
The virtual personality of the human person,
[i.e. the personal identification in information
systems] is inviolable.
19
Internet (continued)
and acknowledged for their work and
innovations. However, this must be
achieved in ways which do not restrict
b) Diversity of languages and further innovation or access to public and
cultures educational knowledge and resources.
The public service value of the Internet shall Licensing and copyright of content must
be protected, including access to quality permit knowledge to be created, shared,
and diverse information as well as different used and built upon. Permissive licensing
cultural content. models shall be used.
The Internet shall represent a diversity Internationally accepted ‘fair use’ exceptions
of cultures and languages in terms of and limitations to copyright must be used,
appearance and functionality. including making copies for personal and
Cultural and linguistic diversity on the classroom use, format conversion, library
Internet must be realized in all forms (e.g. lending, review, critique, satire, research
text, images and sound). and sampling. Techniques which prevent
‘fair use’ exceptions must be prohibited.
Technological evolution and innovation to
promote diversity on the Internet shall be
promoted. e) Knowledge commons and
Indigenous knowledge shall be protected the public domain
and promoted online. Publicly funded research and intellectual
and cultural work must be made available
freely to the general public, where possible.
c) Right to use one’s own
language f) Free/open source software
All individuals and communities have the and open standards
right to use their own language to create, Open standards and open formats must be
disseminate, and share information and made available.
knowledge through the Internet.
Free/libre and Open Source Software (FOSS)
Special attention shall be given to promoting must be used, promoted and implemented
access for minority languages. This includes in public and educational institutions and
promotion of the technology and content services.
required to access and use domain names,
software, services and content in minority When a free solution or open standards do
languages and scripts. not exist, the development of the needed
software shall be promoted.
22
“
12 Rights of Children
and the Internet
Children are entitled to all of the rights in the
present Charter. Furthermore, as enshrined
in Article 25 of the UDHR: childhood is
“entitled to special care and assistance”.
As enshrined in Article 5 of the CRC young
b) Freedom from exploitation
and child abuse imagery
Children have a right to grow up and
develop in a safe environment that is free
from sexual or other kinds of exploitation.
Steps must therefore be taken to prevent
the use of the Internet to violate the rights
of children, including through trafficking
and child abuse imagery. However, such
people are entitled to respect for their
measures must be narrowly targeted and
“evolving capacities”.
proportionate. The effect of measures taken
In terms of the Internet this means that on the free flow of information online must
children must both be given the freedom to be given due consideration.
use the Internet, and also protected from
the dangers associated with the Internet.
The balance between these priorities shall c) Right to have views heard
depend on the young person’s capabilities. Children who are capable of forming their
The State must respect the rights and own views have the right to express them in
responsibilities of parents and the extended all Internet policy matters that affect them,
family to provide guidance for the child and their views shall be given due weight
which is appropriate to her or his evolving according to their age and maturity.
capacities.
On the internet the right to special care d) Best interests of the child
and assistance and respect for evolving As enshrined in Article 3 of the CRC:
capacities of children includes: “in all actions concerning children,
whether undertaken by public or private
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24
19 Right to
Full and effective participation of all, in
particular disadvantaged groups in global,
c) Effective participation in
Internet governance
Everyone has the right to participate in the
governance of the Internet.
The interests of all those affected by a policy
or decision shall be represented in the
governance processes, which shall enable
all to participate in its development.
NOTES
27
21 General Clauses
a) Interdependence of all
rights in the Charter
All rights contained in this Charter are
interdependent and mutually reinforcing.
c) Non-exhaustive nature of
the Charter
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.
Appendix 1
IRPC Charter (Version 1.1) Editor IRP Coalition Website and Social
Dixie Hawtin, Civil Society, UK Media Manager
Minda Moreira, Civil Society, Portugal
Appendix 2
Appendix 3
Workshop 276: Rights Issues for Disadvan- Report from the Sharm el Sheikh IGF, 2009;
taged Groups, http://www.intgovforum. http://www.intgovforum.org/cms/2010/4_
org/cms/wks2013/workshop_2013_sta- IRP%20Meeting%20Sharm%20Dec09.
tus_list_view.php?xpsltipq_je=276. doc.
IRP Coalition Meeting, Towards the IRP Report from the Hyderabad IGF, 2008, http://
Charter 2.0: Human Rights & Principles www.intgovforum.org/cms/2010/5_
for the Internet in Practice, http://www. Human%20Rights%20workshop%20
intgovforum.org/cms/wks2013/dynam- and%20dynamic%20coalition%20
ic_coalition_list_view.php?Dynamic_Coa- meeting%20report%20Hyderabad%20
lition_Id=66. Dec08.doc.
Center for Law and Democracy, 2011, Com- Franklin, M. I., 2013, Digital Dilemmas: Power,
mentary on the Charter of Human Rights Resistance, and the Internet, New York/
and Principles for the Internet, version Oxford: Oxford University Press.
2, October 2011, http://www.law-democ-
racy.org/wp-content/uploads/2011/10/ Green Party of Aotearoa New Zealand, 2014,
Charter-Commentary.pdf. Internet Rights and Freedoms Bill, http://
internetrightsbill.org.nz.
32
Jørgensen, Rikke F, 2013, Framing the Net: Necessary and Proportionate.Org, 2013,
The Internet and Human Rights, Chel- International Principles on the Applica-
tenham UK: Northampton USA: Edward tion of Human Rights to Communications
Elgar Publishing. Surveillance, July 2013, https://en.neces-
saryandproportionate.org/text.
La Rue, Frank, 2011, Report of the Special
Rapporteur on the Promotion and NETmundial Global Multistakeholder Meeting
Protection of the Right to Freedom of on the Future of Internet Governance,
Opinion and Expression. Human Rights 2014, NETmundial Multistakeholder
33
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ENDORSEMENTS
We would like to thank all those individuals and organizations supporting the IRPC Charter
Booklet project through donations and translation services.