Article 10 of the European Convention on Human Rights binds
public authorities not to restrict freedom of expression and information,
but it also entails the obligation for member States to ensure that
this fundamental freedom is not threatened by any non-governmental
or private sector participants. Access to ICT-based media for each
individual and the public at large is mainly determined by private
intermediaries. Due to the complex corporate and technical structures
of such intermediaries, their often unclear corporate localisation
and their co-operation with corporate partners in other countries,
users may have difficulties in ensuring court jurisdiction.
Therefore, member States should encourage intermediaries of
ICT-based media to set up self-regulatory codes of conduct for the
respect of their users' right to freedom of expression and information,
and ensure the jurisdiction of domestic courts in case of violations,
in accordance with Articles 10 and 13 of the European Convention
on Human Rights.