From: Mustafa Akgul (akgul@Bilkent.EDU.TR)
Date: Mon 18 Feb 2002 - 20:23:09 EET
Avrupa Birliginin Medya ve Insan haklari grubunun uzerinde calistigi
bir taslak Bildirge.
Bilgi ve Yorumunuz icin.e-turkiye ve Bilisim Surasi calismalari
acisindan onemli. Elestiri ve onerilerinizi bekliyorum.
Gelelecek onerielri AB calsiamalrina iletme olanagimiz var.
Saygilar
Mustafa Akgul
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Draft Declaration on the freedom of Internet communication
Principle 1 - Absence of prior control
Public authorities should not through general measures, including
technical measures such as filtering, deny access by the public to
information and other communications on the Internet, regardless of
frontiers. Neither should participants in the communication chain, such
as service providers, be obliged to excercise monitoring of content
which does not emanate from them.
This does not prevent member States from taking preliminary law
enforcement measures such as injunctions and ordering of take-down of
offensive material.
Principle 2 - Removal of barriers to individual access to the Internet
Member States should encourage access for all to Internet communications
services on a non-discriminatory basis at an affordable price. The legal
framework for individual access should be designed to encourage active
participation, such as in the form of setting up individual web sites.
Principle 3 - Freedom of providing Internet related services
The provision of Internet related services should not be made subject to
specific authorisation schemes.
Member States should seek to prevent monopolistic offerings of Internet
related services and seek measures to enhance a pluralistic offer which
caters for different user needs. Service providers should be allowed to
operate in a regulatory framework which guarantees them
non-discriminatory access to national and international
telecommunication networks.
Principle 4 - Liability for content of communications
When deciding which rules shall govern liability for content of Internet
communications, member States should take into due account the situation
of service providers and other intermediaries in the communication
chain, who should not be held liable for innocent transmission and
hosting in good faith.
Principle 5 - Anonymity
Member States should respect the right of participants in Internet
communications not to disclose their identity. This does not prevent
member States from taking measures to enable the tracing of authors of
criminal deeds.
Principle 6 - Independence of regulatory bodies
Any regulatory instances in the field of Internet should enjoy
independence from public authorities.
