english french german greek italian lithuanian russian serbian spanish
Haupt arrow newsitems arrow Europe Internet Providers Head Rotert to EF: Concern for EU-CoE Moves on "Hate Speech"+ Human Rights

Europe Internet Providers Head Rotert to EF: Concern for EU-CoE Moves on "Hate Speech"+ Human Rights

Geschrieben von ACM
Thursday, 16 March 2017
coe_obsav_prof_rotert_expert_internet_providers_400


*Strasbourg/CoE/Angelo Marcopolo/- A Pioneer of Internet Global Communications, since the Early 1980ies, Professor in German University of nearby Karlsruhe (an EU "MIT" for many), as well as Experienced Top Representative of Internet Providers Associations, both at the European/International Level, and, particularly, for the currently Thriving German Digital Industry, Professor Michael Rotert, speaking to "Eurofora" on the sidelines of a CoE's PanEuropean/International Conference in Strasbourg, (See Infra), clearly Confirmed the Interest also of ISP Businesses in Europe to carefuly examine certain Delicate and "Hot", Topical Issues, affecting Both Human Rights and Economic/Social Interests, including that of Recently Growing, Controversial Attempts to activey involve Internet Providers in attempts to Block so-called "Hate Speech" by various Users, which raises Complex Questions whenever it goes Far Beyond the obviously Legitimate Fight against Violence, but might alsoo affect People's Views and Opinions on Political or Social matters, etc.

 

20170316_154253_400
 

- F.ex., in several such cases, it' Not always Evident what might be Really "Hate Speech", or Not, while, also, Different Experts might give Contrasting Verdicts, on a matter which Concerns also ECHR's Art. 1O on "Freedom of Expression", as well as EU's Fundamental Rights' Charter, etc., Prof. Rotert criticized earlier.


By doing so, as an Official Representative of Internet Providers Associations at a European level's Debate, he Revealed, in Fact, that this, currently, very "Hot" and Topical Issue, does Not concern Only the Human Rights' Defenders and Community, (which had been the 1st to Raise relevant Question Marks : See Infra), but also Hard Facts and Real Interests of Economic Actors in EU/CoE Member Countries, opening an way for some possibly Interesting Synergies.


Already, in a Recent Past, various relevant NGOs, including from the UK, Belgium and the USA, etc, with activities Spreading from Christian Values supporters, to Businesses, Medias, or Internet Freedom Associations, etc., which used to Cooperate also with EU Commission in Brussels, had launched Strong Protests and "Hot" Alerts against a Commissioner's controversial attempt to broker a Deal with Big Corporations among Internet Access Providers, (Most of them from the USA, such as "Google", "Facebook", etc), in order to Block and/or Muzzle any eventual Publication at the Web of Contents which might be considered as "Hate Speech", even if they had Nothing to do with Violence (i.e. Appeals for - and/or - Apology/Negationism of Violent Acts, etc), but Only concerned EU Citizens' Expression of Opinions and various Views on Social Issues and/or Values, Political Debates, etc, (See, f.ex., inter alia, also "Eurofora"s NewsReports at : ... + ...).


Things became even "Hotter" After the recent US Presidential Elections of November 2016, particularly when the Out-Going Obama Administration and some of its Closest Allies, had become quite Upset by the very Active and apparently Efficient Role that have Played Many and Various New Internet Medias in the UnExpected Victory of New US President Don Trump, (in Addition, also, to several Other such Socio-Political Developments, recently, also throughout Europe, etc).


To the point that, in Addition to various Similar Developments, launched inside the USA during the Last Months of that Out-Going Obama's Administration, (i.e., f.ex. between October/November 2016 and January 2017), we witnessed, even inside CoE's PanEuropean Parliamentary Assembly, during its Latest Plenary Session in Strasbourg, on January 2017, the Astonishing, and apparently UnPrecedented event, at the Vote of Amendments in a Report on "Internet Medias", addressed Only from Negative points of View, such as "Hate Speech", etc, a PACE Rapporteur from a State Notoriously "Problematic" on Internet Freedom and/or Free Speech Issues, (Turkey), to Systematicaly and Totaly Oppose All Amendments, even the most Lenient ones, presented by certain Mainstream and Experienced Top MEPs, as, f.ex, also the former Long-Time PACE Commitee President, Valeriu Giletchi, a prominent ChristianDemocrat MEP from Moldova, etc., including a Simple Mention of the Word "Freedom of Expression", and even a Faithful Citation of ECHR's well-established Case Law's famous Formula on the Legal Definition of the Human Right for Free Speech, its content, interest, scope and limits, (which were all, curiously, Rejected, with a Small Difference of Votes, by a Tiny Minority of MEPs Present at the Hemicycle until a very Late Hour of that Evening, while Most MEPs were Absent, during a particularly Busy Session Date)...


Therefore, it was, naturaly, a Welcome and Timely Development, to see, Today at the COE, that even a Representative of Internet Providers' Businesses, with Strong European, PanEuropean and even International Experience at Top Jobs in that area, and coming from one among the Biggest EU and CoE Member Countries, (Germany), as Professor Michael Rotert, was Motivated enough in order to Actively Raise such a nowadays "Hot" and Delicate Issue, which Affects Both Human Rights, GeoPolitics, and the Economy of Europe, (Comp. Supra and Infra). Particularly when it comes from an Historic Pioneer of Internet, who has reportedly Worked in certain practical Coperations Bringing Together Germany with France and USA, even China, etc., f.ex. already as Early as since the Middle 1980ies, when he managed to set up the First Email and/or other Trans-Continental Internet Communications, even Before the Creation of the World Wide Web during the 1990ies, (when f.ex., the 1st Web Page was notoriously Published from Geneva on 1995 by a Brittish Scientist on Physics, one of the 1st multilingual Internet Medias was Published and Experimented by "Eurofora"s co-Founder and some other Journalists Friends, under the Initial Name of "EIW", at the Beginning of 1996 in Strasbourg, closely Followed by the Famous "Drudge Report" in the USA, from 1997, etc. : See, f.ex.  ...). But also by a Well Experimented Top Representative of European/PanEuropean/International Associations of Internet Providers, (before Focusing recently on the relevant German Industruy Association), often Invited at various Top European and/or International Fora, (including f.ex., the "Internet Foundation", "IGF", etc), and EU/CoE Expert.

 

coe_debate_with_prof._rotert_eurofora_400

 

Rotert was a Keynote Speaker in an exceptional CoE's Conference, Today Afternoon in Strasbourg, on "Key Trends from the AudioVisual Market, and Regulation", organized by CoE's PanEuropean AudioVisual Observatory (EAVObs), for the Celebration of its 25th Anniversary since it was Founded (1992 - 2017), (which had Invited also "Eurofora" to attend), on the occasion of which it Published its New, 2017 "YearBook" on recent Developments around Cinema, TV and Video on Demand (VoD), etc., Production, Circulation, Services, Distribution and Markets, as well as main "Players", concluding on current Perspectives for the emergence of "PanEuropean Groups" in Broadcasting and/or Medias Services.

 

coe_avobs_conference_on_regulation_eurofora_400

 


     Even Symbolicaly, EAVObs had been created by the COE on a very "particular" Year, 1992, when, (as Reminded earlier one among its Experts : Fransisco Cabrera-Blasquez, from Spain), the US was under Bill Clinton's Presidency, a Bloody War was Starting in former Yugoslavia, and "Mickey Mouse" was Arriving in Europe, (All this at the Same Time)... "Eurofora" remembers that by a Timely Coincidence, 1992 was also the Year during which Opened in Strasbourg the "European Press Centre" superb, Modern Building, (then Serving Journalists and Medias who covered Both the COE and EU Parliament, etc), in an overall Context of a Will to Help Boost Europe's role in the World of Global Informational/Cultural flows.

Today, 25 Years Later, Professor Rotert seemed to Agree, at least in principle, with "Eurofora"s subsequent remark that, in fact, the Issue that he had raised now, had at least a Threefold Dimension : (1) Human Rights and Freedom of Expression, (2) GeoPolitical, since most Big relevant Internet Providers are still located out of Europe, mainly at the US, (and particularly nowadays California). (3) Economic, as Users and/or other relevant Players, who might find, eventualy, too cumbersome and/or controversial, one or another relevant EU/COoE Rules about certain Delicate areas of so-called "Hate Speech" and Internet Providers' possible role and/or Duties, could Search to Find anOther Location, at anOther, Different Jurisdiction, elsewhere, (f.ex. Switzerland or Iceland, as far as EU Rules are concerned, and even USA or various Other Countries in the World (as some Interet-related Businesses have already done), as far as COE is concerned, possibly resulting in a regrettable loss for European Economy too.

CoE's Director on Medias and Internet, Silvia Grundmann, in a subsequent Intervention at that Conference, and afterwards speaking further with "Eurofora", warned that the PanEuropean Organisation for Human Rights, Democracy and Rule of Law's competent Steering Committee on Medias and Information Society (CDMSI) currently Prepares a brand New official Recommendation, includig several relevant Norms, whose Draft is expected to be presented to COE's Highest Political Body, its Committee of Ministers, for Final Decision, towards the End of 2017.


The work of such Inter-Governemental Committees of the CoE is, in principle, largely "Confidential", and everything depends on Final Political Decisions by its Committee of Ministers, which will be Chaired, then, by Danemark.


Meanwhile, during the current Preparation period, CoE's Inter-Goveremental work is under the supervision of Committee of Ministers' rotating Chairmanships by Cyprus, which will be succeeded from the End of May 2017, by the Czech Republic, and Prof. Rotert ensured "Eurofora" that he intends to be well Present, as an Expert and/or relevant NGO/Civil Society representative, to the Work of CDMSI and other related CoE or EU bodies, "in order to Defend the Positions of Internet Providers" also on the above-mentioned, mainly Human Rights Issue.  


That matter becomes even more Topical Nowadays, from Manifold points of View, including even the AudioVisual Content Creation and Industry, whose Consumption model's "No 1 Shake-up", recently, is the Transition between Cinema and TV towards a "Rise of Internet Platforms", (including for VoD, etc), as stressed CoE's AudioVisual Observatory Expert, Agnes Schneeberger, speaking during the Conference Concluding session, together with the PanEuropean Body's CEO, Suzanne Nikoltchev, well experienced particularly on Legal affairs.


However, CoE's PanEuropean AudioVisual Observatory's Committee Chairman, Johannes Studinger, concluding the work of the Conference invited for a "Dialogue with Legislators" nowadays, inviting "Not to be Afraid to Ask Questions", even if Critical.


coe_eavobs._conference_400
 
 
(../..)
 


***
 
 
("DraftNews", as already sent to "Eurofora" Subscribers/Donors, earlier. A more accurate, full Final Version, might be published asap).


***


European Entrepreneurial Region

Statistics

Besucher: 18075153

Archive

Login Form





Daten merken

Passwort vergessen?
Noch keinen Account? Account anlegen

Syndicate

RSS 0.91
RSS 1.0
RSS 2.0
ATOM 0.3
OPML

Other Menu

imag0634_400

People in Europe and the World expect from CoE to make a succes of its "Monitoring" for Human Rights and Democracy, despite difficulties, said Finland's President Tarja Halonen to "EuroFora" at a crucial moment for the mecanism built 15 years ago by the paneuropean organization which celebrates its 60th Anniversary in 2009.

Halonen, known as "Mother" of CoE's "Monitoring" mecanism, a long-time MEP and former Foreign Minister before becoming Finland's President, holds a long experience in the mattter, after also serving twice as CoE and EU Chairwoman in the past. That's why she is well placed to judge how CoE's "monitoring" should deal today with some crucial issues of importance both to CoE and to the EU.

The move came just a Month before a crucial, last visit to Turkey, scheduled for June, by the President of CoE''s "Monitoring" Committee, Ukranian MEP Serge Holovaty, to finalize his Report on Ankara, the CoE Member State with the longest Monitoring procedure. From its results depends its overall credibility.

This is a Test-case, because, in fact, it's in order to avoid Sanctions threatened against Turkey by a CoE's Assembly's April 1995 Resolution for grave Human Rights violations, Democracy gaps, the continuing Military Occupation in Cyprus, the unresolved Kurdish problem, Aegean differend with Greece, etc., that MEPs decided to create, for the 1st time on April 1996, a "Monitoring" proces, allegedly destinated to check, without excluding Countries who did not fulfill all CoE's standards.

In the Past, the obliged withdrawal of Greece's Military regime and of its "Civil" cover-up out of the CoE had helped bring back Democracy in 1974. But, on the contrary, since April 1996, the idea was to "monitor" Human Rights' respect while keeping most concerned Countries inside the CoE. After Turkey's oldest example, this was extended also to several former "Eastern" European Countries, even if CoE's Assembly has imposed to some of them (fex. Ukraine, Russia, etc., after Belarus, Serbia, etc) various "Sanctions", that Ankara always avoided. Curiously more succesful even than .. USA itself, (a CoE "Observer" since 1995), which has been at least threatened with sanctions some years ago..

EU-effects of CoE's Monitoring process became obvious between 2001-2008, since the "closure" of this procedure, when CoE felt that a Country had met most of its Human Rights, Democracy and Rule of Law obligations, (i.e. the "Copenhagen Criteria" for the EU), helped trigger Negotiations with the EU for "Accession" or other closer relations : This occured already before the 2004 and 2007 EU Enlargements to former "Eastern" European Countries, as well as for the commencement of "accession" negotiations with Croatia, and of "open-ended" negotiations with Turkey in 2005.

    But a stricking new development are Holovaty's recent findings that on core Human Rights issues as Torture and Freedom of Expression, Turkey, even "5 Years after" CoE closed its "Monitoring", back in 2004, inciting EU to start accession Negotiations in 2005, still presents grave problems.

    His findings are of crucial importance after a 2008 CoE Resolution called, "if need be", to "seriously consider the possibility of Re-Opening the Monitoring procedure for Turkey" : A move which might affect Ankara's controversial EU bid, since EU Accession Negotiations are based on the Hypothesis that the Candidate fullfils the "Copenhagen Criteria" (See above)..
-------------------------
    Holovaty expressed his will to check  "Matters still Outstanding" and  those that he "didn't have an opportunity to discuss" at an earlier visit this year, "in order to discuss the more complex issues in greater depth", at his forthcoming New Visit to Ankara, before the December 2009 EU Summit.  This is all based on the 2004 CoE Resolution which stresses that, CoE "will continue.. post-monitoring Dialogue with the Turkish authorities,...in addition to a 12-points list,..and on any Other Matter that might arise in connection with Turkey’s Obligations as a CoE member state".

    CoE's Resolution also asks  from Turkey "to secure the proper Implementation of Judgements, particularly in the Cyprus v. Turkey InterState case", of 2001, which concerns also the plight of many Hundreds of MISSING People. It adds Turkey's obligations to "execute" ECHR's Judgements in the Loizidou case,..and in particular adopt General Measures to avoid repetition or continuation of Violations found by the Court" to the detriment of Refugees.

    Nevertheless, Holovaty said to "EuroFora" that "MISSING" persons,"might be included" and cannot be excluded, but he has yet to examine the situation "to find out  which issues will be raised" to the Turkish Government.

    Therefore, "EuroFora" asked Halonen, as the Historic "Mother" of CoE's Monitoring mecanism, if she thought that, "whenever there are grave Human Rights Violations, as fex. "MISSING" persons, attested even by ECHR's judgements, they should be always checked by a Monitoring process. Or could they be forgotten ?"
    
     - "We (CoE) must be, at the same time, Fair, Realistic, but not in the mind that "now we have Forgotten", etc., replied to "EuroFora"'s question Halonen, speaking as a matter of general principle.

    - "When we think of those People that are suffering from the lack of Democracy, of Human Rights, and of the Rule of Law", "we should find a base on how to deal with the (Monitoring) system more rapidly"', she stressed.

    - "Sometimes it's very difficult to combine Transparency and Effectivenes together, particularly in this specific case", she went on to say. But, "I have not found a (CoE Member) Country who could be insensitive in this sens", Halonen answered concerning grave Human Rights violations attested by the ECHR.

    - "I have no ready-made answer. I have the expectations that you, in the CoE, will, step by step, find the different types of the monitoring systems."

    Also "because this is a part of the UN's Post-Conflict system, (fex. when it comes to Cyprus' MISSING persons), and it's a more Global system". So that, "If we make a succes in Europe, the others will follow", throughout the World.  "But they expect that we (Europe) are this opportunity, this Opportunity to make a Succes", Halonen concluded.

    In addition, she advised to extend CoE's Monitoring to all its 47 Member States, "because, as long as we hear that, all these monitoring systems are "OK for the neighbor, but not for me", "it's very difficult" to understand. Something which could make easier to Compare...

    Finnish MEP Jaako Laakso, former CoE Rapporteur on the Occupied Territories of Cyprus and one of the 5 Signatories of the Historic CoE's call to create the "MONITORING" mecanism since 1996, was more specific :  - "We (CoE Assembly) have to find a way for the issue of Cyprus' MISSING People to be better followed", he stressed, anouncing his intention to "speak to Mr. Holovaty" about that. "There might be also other ways", added Laakso.

    - The 2008 "Year had been a very Bad one for Turkey with regard to Human Rights in general, and Freedom of Expression in particular", denounced, meanwhile, Holovaty's preliminary Post-Monitoringh Draft Report by Holovaty, published by the CoE on April 2009.

    "Amnesty International believes that freedom of expression is not guaranteed given the various articles of the Criminal Code that restrict it. .. "For example, 1,300 Websites are said to have been closed down by the (Turkish) authorities in 2008" ! While "the new Turkish Criminal Code was used to bring a total of 1,072 proceedings between June 2005 and April 2008, and led to the conviction of 192 people", for expressing views. "Representatives of the Özgür Gündem newspaper, which specialises in Kurdish affairs, ..complained about Numerous Attacks on their Freedom of Expression ...as was everyone who advocated a settlement to the question by means other than the intervention of the army" "According to their figures, 19 Newspapers had been suspended 43 times between 4 August 2006 and 4 November 2008" !...

    Moreover, on 2008,  CoE's "Ministers adopted its 4rth Resolution on the execution of the judgments of the ECHR, ...and outstanding issues regarding 175 Judgements and decisions relating to Turkey delivered between 1996 and 2008...  concerning Deaths resulting from the excessive use of force by members of the Security forces, the failure to protect the right to life, the DIisappearance and/or death of individuals, Ill-Treatment and the Destruction of property". CoE's " Ministers urged the Turkish authorities ...to ensure that members of Security forces of all ranks can be prosecuted without administrative
authorisation" for "serious crimes". Holovaty reminded.

"Nonetheless", Holovaty heard anew of "Several cases of Violence committed last year (2008) by the (Turkish) security forces". Amnesty International speaks of Many Cases of ill-treatment and Torture in the prisons and by the police". "Including, fex."'the death of Engin Ceber, a young man of 29 who died on October 2008 as a result of the TORTURE allegedly inflicted on him by police officers, prison staff and members of the gendarmerie. He was part of a group of people arrested on September 2008 during a demonstration and Press Conference in Istanbul'. Proceedings against suspects are "on-going" in this case.

- " I therefore noted an Obvious Contradiction between the Government’s stated “zero tolerance” policy.... of Torture and other forms of ill-treatment, and the different testimonies given", denounced CoE's Rapporteur.  Turkish "authorities must make considerable efforts to guarantee that proper investigations are carried out into allegations of abuses by members of the security forces and that perpetrators are effectively punished" "In this respect, I have requested detailed Statistics on the number of Investigations, acquittals and convictions in cases involving allegations of abuse in order to show the positive impact of the measures taken to date", Holovaty said, repeating a permanently unsatisfied CoE's demand to Turkey since a Decade...

    - "The Political Crisis that shook the country in the spring of 2008 highlighted the Weaknesses of the (Turkish) Constitution", which comes from the Military regime of 1982, "and the Urgent Need of Reforms", stressed from the outset CoE's Rapporteur in 2009. In particular, "the ...Democratic functioning of state institutions, including the independence of the judicial system, are crucial", he observes.

    But, "the Electoral  system and the ways in which it is circumvented do not appear to give those elected complete Legitimacy, and tend to pervert the course of direct universal suffrage", denounces Holovaty, observing that, even 5 Years later, Turkey did not yet change the 10% nationwide Threshold for a party to take any seat, which is "far higher" than the "3%" maximum in Europe and already condemned as contrary to European Standards by the CoE.

    + Moreover, EU Parliament's 2009 Report on Turkey, drafted by Dutch MEP Ria Oomen-Ruijten and adopted in Strasbourg on March, expresses "Concern over the Failure of the (Turkish) Judiciary to prosecute cases of Torture and Ill-treatment, the Number of which is Growing". EU also "is concerned about continuing Hostility and Violence against Minorities" in Turkey. It also "calls on the Turkish Government to launch, as a matter of Priority, a Political Initiatve favouring a lasting Settlement of the Kurdish issue, (while "condemning violence.. and terrorist groups"). EU "regrets that No progress has been made on establishing full, systematic Civilian suprevisory functions over the (Turkish) Military".

    The final results of Holovaty's 2nd and last visit to Turkley will be known later this year, and, at any case, before EU's December 2009 Summit.

Polls

2009 EU Elections were won by Parties against Technocracy and Turkey's controversial EU bid, while the 1999-2004 Majority Abstention trend decelerated. What should be done in 2009-2014 ?

Resultate

SMF Recent Topics SA

Copyright (c) 2007-2009 EIW/SENAS - EuroFora.net. All rights reserved. ISSN 1969-6361.
Powered by Elxis - Open Source CMS.