On Wednesday 7 March, the Committee of Ministers, the executive body of the Council of Europe (COE), adopted a recommendation for the member states on the rights and responsibilities of Internet intermediaries.
A two-fold concern underpins this text. One of the concerns involves respect for freedom of expression, association and assembly, at a time when governments can find themselves tempted to exercise pressure to screen or block certain online content. The other concern involves respect for private life and the personal data of every user. These two areas are fundamental to the European Convention on Human Rights and can sometimes prove contradictory. The COE has therefore reaffirmed that in this context, only a legislative framework can guarantee respect for the rule of law.
The text therefore recommends that, “any demand or other action by the public authorities addressed to Internet intermediaries must be included in law and constitute a necessary and proportionate measure in a democratic society. The states should not exert pressure by non-legal means"
It also outlines the responsibilities of the Internet intermediaries and particularly calls for transparency in the automated data processing techniques based on user profiles, as well as continuous training for content moderators.
The recommendation adds that any personal data processing should require the user’s “free, specific and informed consent”. It also highlights the importance of a “clear and simple" language when “information is addressed to children".
With regard to complaints, the Council of Ministers calls for “procedural guarantees at an affordable cost" and the regular analysis of their frequency, profiles and causes, in an effort to learn, “the lessons and improve the policies, procedures and practices” of the Internet intermediaries.
This recommendation is the conclusion of more than two years of work carried out by an experts' committee in tandem with the 47 member countries, civil society, the private sector and other actors, with the purpose of making the Internet a safe and open environment. The ultimate goal is to define a strategy that respects human rights, democracy and the primacy of online law. (Original version in French by Véronique Leblanc)