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Recommendation 1998 (2012) Final version
The protection of freedom of expression and information on the Internet and online media
1. Referring to its Resolution 1877 (2012) on
the protection of freedom of expression and information on the Internet
and online media, the Parliamentary Assembly recalls the Action
Plan of the 3rd Summit of the Heads of State and Government of the
Council of Europe (Warsaw, 2005) which instructed the Organisation to
elaborate principles and guidelines to ensure respect for human
rights and the rule of law in the information society and to address
challenges created by the use of information and communication technologies
(ICTs) with a view to protecting human rights against violations
stemming from the abuse of such technologies.
2. The Assembly therefore recommends that the Committee of Ministers:
2.1. take account of Resolution 1877 (2012) in
its own work and forward it to the competent national ministries
and regulatory authorities responsible for media based on ICTs;
2.2. develop guidelines on domestic jurisdiction over, and
the legal and corporate responsibility of, private companies which
are intermediaries for ICT-based media, focusing such work in particular
on the responsibility of intermediaries for the functioning of the
Internet and online media and the respect for freedom of expression
and information;
2.3. co-operate with the European Commission and the European
Union Body of European Regulators for Electronic Communications
(BEREC) to ensure a common application of Article 10 of the European
Convention on Human Rights (ETS No. 5) and Article 11 of the Charter
of Fundamental Rights of the European Union with regard to freedom
of expression and information on ICT-based media;
2.4. promote the signature and ratification of the Convention
on Cybercrime (ETS No. 185) and its Additional Protocol concerning
the criminalisation of acts of a racist and xenophobic nature committed through
computer systems (ETS No. 189) by all member States as well as by
non-member States and the European Union.