Freedom of Expression in the Information Society : Some Current Issues & Development

Dr. A.K. Chakravarti *Adviser

Department of Information TechnologyMinistry of Communications & Information Technology

Government of IndiaWeb : http://www.mit.gov.in

E-mail : achakravarti@mit.gov.in

International Symposium on Freedom of Expression in the Information Society, Paris, Nov 15-16, 2002

* Views expressed are in individual capacity

Freedom of Expression in the Information Society : Some Current Issues & Developments

Contents

• Post 9/11 Developments

• Agenda for Development for Developing Countries

• Ethical Issues and Freedom of Expression

• Protecting Collective Societal Rights

• Internet Sanitization

• Legal Standards in Cyberspace

• Technologies & Methodologies for Implementing Legal Framework : Capability Building

• Best Practices Studies

Post 9/11 developments : Recap

Several national governments through legislation

acquiring legal rights to monitor and carry-out

surveillance of the Internet and e-mail and to deal with

cybercrimes.

• Cyberspace/Internet…. Part of the real world

Initiative taken by some of those countries known for freedom of expression

Post 9/11 developments : Recap

European Convention on Cybercrime

A Step towards International Convention on Cybercrime -

Amongst others, USA, Canada, Japan signed

Not yet any global framework involvingUN agencies

Issues related to defining new ethical, legal and technical standards in Cyberspace to guarantee the preservation of freedom of expression and the protection of:

• Human dignity, children rights, privacy,

human rights in general;

• Network security, collective rights and

democratic values?

Agenda for Development for developing countries

• Use ICT as Tools for National Development: e-governance, e-learning, e-business etc.

• Enhance e-readiness; reduce digital divide

• Use ICT to increase the participation in global economy

• Increase positive impact of Internet and reduce the harmful/negative elements as viewed by Society

• Put in place Tools of Confidence for participation in Information Society :– Legal Framework

– Technologies, tools, methodologies and wherewithal for implementation of legal framework

– E-security

Ethical Issues and Freedom of Expression

• Concept of Obscenity - differs from country to country

• Child pornography - put in place best legal and technical set-up - to stop it - global consensus. But, how about pornography per se?

• Online Gambling

A minimum common action plan to guard societalsensitivity in Information Society to be put in place.

Protecting Collective Societal Rights

• Traditional Knowledge and IP

How to help protect or promote traditional knowledge,

biodiversity and cultural expressions?

• Indian experience : Turmeric, Basmati, Neem etc.

• Prior art search and other societal evidence

Traditional Knowledge Digital Library (TKDL)- Launch December 2002

Internet Sanitization

Certain acts/expression which may not exactly be

illegal (as per the law of the land today) but do

not conform to decency norms of the Society

Example :

Spamming

Cyberstalking

Harmful effects on Minors(http://netsafety.nic.in)

Internet Sanitization : Approaches

Self -regulation

Code of conduct

Guidance/Guidelines

Technology tools

Eventually towards legal remedy

Is Standards setting at Global level possible?

Legal Standards in Cyberspace

• Nation’s laws as applicable

• For E-Commerce, various countries have enacted Laws

drawing upon UNICTRAL Model Law on E-

Commerce and subsequently Model Law on Electronic

Signature

• IPR issues - TRIPS and WIPO (WCT and WPPT)

Treaties

Global Standards in present context?

Technologies & Methodologies for Implementing Legal Framework: Capability Building

• Tools for Confidence in Network Society

• Monitoring Internet Traffic

• Cyber Forensic

• Rights Management System etc.

National capabilities building, international tie-up and towards harmonisation

Best Practices Studies

• Study tools, methodologies, technologies, policies,

social and legal challenges in the world on a

continuous basis

• Things are still evolving

Share the knowledge on global basis to identify best practices, wherewithal to implement these - across the world….

Freedom of Expression in the Information Society

To sum-up, issues covered:

• Post 9/11 developments.

• Agenda for Development for developing countries

• Ethical issues and Freedom of Expression

• Protecting Collective Societal Rights

• Internet Sanitization

• Legal Standards in Cyberspace

• Technologies & Methodologies for Implementing Legal

Framework : Capability Building

• Best Practices Studies