Freedom of Information

Freedom of information (or information freedom) refers to the protection of the right to freedom of expression with regards to the Internet and information technology (see also, digital rights). Freedom of information may also concern censorship in an information technology context, i.e. the ability to access Web content, without censorship or restrictions.

Freedom of information is an extension of freedom of speech, a fundamental human right recognised in international law, which is today understood more generally as freedom of expression in any medium, be it orally, in writing, print, through the Internet or through art forms. This means that the protection of freedom of speech as a right includes not only the content, but also the means of expression.[1] Freedom of information may also refer to the right to privacy in the context of the Internet and information technology. As with the right to freedom of expression, the right to privacy is a recognised human right and freedom of information acts as an extension to this right.[2]

Contents

[edit] The Information Society and freedom of expression

The World Summit on the Information Society (WSIS) Declaration of Principles adopted in 2003 reaffirms democracy and the universality, indivisibility and interdependence of all human rights and fundamental freedoms. The Declaration also makes specific reference to the importance of the right to freedom of expression for the "Information Society" in stating:

"We reaffirm, as an essential foundation of the Information Society, and as outlined in Article 19 of the Universal Declaration of Human Rights, that everyone has the right to freedom of opinion and expression; that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Communication is a fundamental social process, a basic human need and the foundation of all social organisation. It is central to the Information Society. Everyone, everywhere should have the opportunity to participate and no one should be excluded from the benefits the Information Society offers."[3]

The 2004 WSIS Declaration of Principles also acknowledged that "it is necessary to prevent the use of information resources and technologies for criminal and terrorist purposes, while respecting human rights."[4] Wolfgang Benedek comments that the WSIS Declaration only contains a number of references to human rights and does not spell out any procedures or mechanism to assure that human rights are considered in practice.[5]

[edit] Hacktivismo

Main article: Hacktivismo

The digital rights group Hacktivismo, founded in 1999, argues that access to information is a basic human right. The group's beliefs are described fully in the "Hacktivismo Declaration" which calls for the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR) to be applied to the Internet. The Declaration recalls the duty of member states to the ICCPR to protect the right to freedom of expression with regards to the internet and in this context freedom of information.[6] The Hacktivismo Declaration recognises "the importance to fight against human rights abuses with respect to reasonable access to information on the Internet" and calls upon the hacker community to "study ways and means of circumventing state sponsored censorship of the internet" and "implement technologies to challenge information rights violations". The Hacktivismo Declaration does however recognise that the right to freedom of expression is subject to limitations, stating "we recognised the right of governments to forbid the publication of properly categorized state secrets, child pornography, and matters related to personal privacy and privilege, among other accepted restrictions." However, the Hacktivismo Declaration states "but we oppose the use of state power to control access to the works of critics, intellectuals, artists, or religious figures."[6]

[edit] Global Network Initiative

In October 29, 2008 the Global Network Initiative (GNI) was founded upon its "Principles on Freedom of Expression and Privacy". The Initiative was launched in the 60th Anniversary year of the Universal Declaration of Human Rights (UDHR) and is based on internationally recognized laws and standards for human rights on freedom of expression and privacy set out in the UDHR, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).[7] Participants in the Initiative include the Electronic Frontier Foundation, Human Rights Watch, Google, Microsoft, Yahoo, other major companies, human rights NGOs, investors, and academics.[8][9]

According to reports Cisco Systems was invited to the initial discussions but didn't take part in the initiative. Harrington Investments, which proposed that Cisco establish a human rights board, has dismissed the GNI as a voluntary code of conduct having any impact. Chief executive John Harrington called the GNI "meaningless noise" and instead calls for bylaws to be introduced that force boards of directors to accept human rights responsibilities.[10]

[edit] Internet censorship

Main article: Internet censorship

Jo Glanville, editor of the Index on Censorship, states that "the internet has been a revolution for censorship as much as for free speech".[10] The concept of freedom of information has emerged in response to state sponsored censorship, monitoring and surveillance of the internet. Internet censorship includes the control or suppression of the publishing or accessing of information on the Internet.

According to the Reporters without Borders (RSF) "internet enemy list" the following states engage in pervasive internet censorship: Cuba, Iran, Maldives, Myanmar/Burma, North Korea, Syria, Tunisia, Uzbekistan and Vietnam.[11] A widely publicised example is the Great Firewall of China (in reference both to its role as a network firewall and to the ancient Great Wall of China). The system blocks content by preventing IP addresses from being routed through and consists of standard firewall and proxy servers at the Internet gateways. The system also selectively engages in DNS poisoning when particular sites are requested. The government does not appear to be systematically examining Internet content, as this appears to be technically impractical.[12] Internet censorship in the People's Republic of China is conducted under a wide variety of laws and administrative regulations. In accordance with these laws, more than sixty Internet regulations have been made by the People's Republic of China (PRC) government, and censorship systems are vigorously implemented by provincial branches of state-owned ISPs, business companies, and organizations.[13][14]

[edit] Petitions and freedom of information

Petitions to the government can also be affected by the concept of freedom of information, as the names of petition signers can often be requested or publicized (even by a party opposed to the petition signers' intent) as a matter of petitions being judged as both political (hence "protected") speech and a political act that is similar in proportion to the vote of a legislator. An example of the conflict between freedom of speech and freedom of information in petitions is the conflict over KnowThyNeighbor.org, a website which indexed lists of names appended to anti-same-sex marriage petitions for state referenda; the website owners' requests were challenged by anti-gay organizations on the matter of freedom from possible retaliation against the signers by pro-gay opponents.

[edit] See also

[edit] External links

[edit] References

  1. ^ Andrew Puddephatt, Freedom of Expression, The essentials of Human Rights, Hodder Arnold, 2005, pg.128
  2. ^ Protecting Free Expression Online with Freenet - Internet Computing, IEEE
  3. ^ Klang, Mathias; Murray, Andrew. Human Rights in the Digital Age. Routledge. p. 1. http://books.google.co.uk/books?id=USksfqPjwhUC&dq=%22digital+rights%22+human+rights&source=gbs_summary_s&cad=0. 
  4. ^ Klang, Mathias; Murray, Andrew. Human Rights in the Digital Age. Routledge. p. 2. http://books.google.co.uk/books?id=USksfqPjwhUC&dq=%22digital+rights%22+human+rights&source=gbs_summary_s&cad=0. 
  5. ^ Benedek, Wolfgang; Veronika Bauer, Matthias Kettemann (2008). Internet Governance and the Information Society. Eleven International Publishing. p. 36. ISBN 9077596569, 9789077596562. http://books.google.com/books?id=ie7Yqiw85TcC&vq=%22Internet+Bill+of+rights%22&dq=%22digital+rights%22+%22human+rights%22&lr=&source=gbs_summary_s&cad=0. 
  6. ^ a b http://www.cultdeadcow.com/cDc_files/declaration.html
  7. ^ Global Network Initiative, FAQ
  8. ^ Internet Rights Protection Initiative Launches
  9. ^ Global Network Initiative, Participants
  10. ^ a b Glanville, Jo (17 November 2008). "The big business of net censorship". London: The Guardian. http://www.guardian.co.uk/commentisfree/2008/nov/17/censorship-internet. 
  11. ^ List of the 13 Internet enemies RSF, 2006 November
  12. ^ Watts, Jonathan (2006-02-20). "War of the words". London: The Guardian. http://www.guardian.co.uk/china/story/0,,1713317,00.html. Retrieved 2010-05-02. 
  13. ^ "II. How Censorship Works in China: A Brief Overview". Human Rights Watch. http://www.hrw.org/reports/2006/china0806/3.htm. Retrieved 2006-08-30. 
  14. ^ Chinese Laws and Regulations Regarding Internet


Related topics in the Connexions Subject Index

Freedom of Information  –  Journalism  –  Media Analysis & Criticism  –  Press Freedom  –  Sources Select Resources  – 


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