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Resolution 1987 (2014) Final version
The right to Internet access
1. The Parliamentary Assembly recalls
that the right to freedom of expression is both a fundamental right in
itself and an essential means of accessing other fundamental human
rights, including the right to education, the right to take part
in cultural life and the right to freedom of association and assembly.
2. The Internet has revolutionised the way people interact and
exercise their freedom of expression and information as well as
related fundamental rights. Internet access therefore facilitates
the enjoyment of cultural, civil and political rights. Consequently,
the Assembly emphasises the importance of access to the Internet
in a democratic society in accordance with Article 10 of the European
Convention on Human Rights (ETS No. 5).
3. Recalling Committee of Ministers Recommendation CM/Rec(2007)16
to member States on measures to promote the public service value
of the Internet, as well as international universal service obligations established
by the International Telecommunication Union of the United Nations
and the European Union Directive on universal service and users’
rights relating to electronic communications networks and services (Directive
2002/22/EC), the Assembly stresses the need for universal service
requirements regarding the Internet throughout Europe and beyond.
4. In view of the important role which the Internet plays for
individuals, groups and States in a modern society, the Assembly
believes that it should be available to all regardless of age, place
of residence or income, and that stronger efforts are necessary
at local, regional, national and European levels in order to ensure Internet
access for all.
5. Public authorities have a duty to ensure the effective enjoyment
of the right to freedom of expression online. The Assembly therefore
recommends that the Council of Europe member States ensure the right
to Internet access on the basis of the following principles:
5.1. everyone shall have the right
to Internet access as an essential requirement for exercising rights under
the European Convention on Human Rights;
5.2. the right to Internet access includes the right to access,
receive and impart information and ideas through the Internet without
interference from public authorities, regardless of frontiers and
subject only to the limitations laid down in Article 10 of the European
Convention on Human Rights; in view of the importance of the Internet
for democratic societies, any such limitations should be clearly
and narrowly defined;
5.3. as the fear of surveillance can engender self-censorship,
any such measures should respect the limits set in Articles 8 and
10 of the European Convention on Human Rights;
5.4. as Internet access is also essential for the exercise
of other human rights, such as the right to freedom of assembly
and the right to private and family life, member States should recognise
the fundamental right to Internet access in law and in practice;
5.5. Internet access and service providers must comply with
universal service requirements regarding the Internet, such as those
established by the United Nations and the European Union;
5.6. the availability of a minimum quality of Internet services
for all is the joint responsibility of member States and Internet
access and service providers; particular emphasis should be placed
on the affordability, interoperability and integrity of Internet
services, taking account of the latest technological developments;
5.7. there should be no discrimination in the treatment of
Internet data and traffic, based on the device, content, author,
origin or destination of the content, service or application, thus
ensuring net neutrality under national law;
5.8. national law and practice should recognise individual
Internet access, and any restrictions to this right should be provided
by law, pursue a legitimate aim and be necessary in a democratic
society; the Assembly does not consider blanket restrictions on
Internet access for individuals as an appropriate sanction for minor
infringements of intellectual property rights;
5.9. Internet access through public access points should be
promoted, in particular by educational and cultural institutions;
5.10. member States should increase their efforts to ensure
Internet access for people with special needs and disadvantaged
Internet users;
5.11. member States should promote technological research into
improving Internet access as well as open access to basic software
and services; member States may restrict the distribution of software which
might affect human rights or national security;
5.12. member States should oblige public authorities to provide
open access to their information and services through the Internet;
multilingual Internet access should, as far as possible, be a public objective.
6. The Assembly calls on the United Nations and the European
Union to co-operate more closely with the Council of Europe in defining
universally, and implementing at European level, the right to Internet
access and related standards.
7. The Assembly invites commercial stakeholders of the Internet
to co-operate with governments and parliaments in their efforts
to implement the above principles and realise universal access to
the Internet. The European Internet Service Providers Association
is invited to develop quality standards in this regard.
8. The Assembly asks the Secretary General of the Council of
Europe to develop targeted programmes to support member States in
national legislative initiatives aimed at guaranteeing universal
access to the Internet throughout Europe.