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Inicio 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

Escrito por ACM
16.03.17
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*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.

 

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- 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.

 

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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.

 

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     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.


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


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  Ten Years of ECHR : 1998 - 2008 show need of Revival in 2009-2010 coinciding with 2009 EU Election
   

A threefold, coordinated move by new Top French Political actors in the 2009 EU Parliament Elections, expressed in Strasbourg a will to boost Europe's Political dimension close to Citizens' concerns, going from protection of Economy to defence of Human Rights.    

The move met an exceptional ECHR's call for a "revival" of Human Rights' protection mechanism', in a Mega-Conference, early 2010.   

Obviously focusing on June 2009 Elections to EU Parliament, it involved from the outset the recently nominated "dual" Head of French Governing Party (UMP)  Michel BARNIER and Rachida DATI :

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     - "As President Sarkozy has clearly said, we (France) are in favor of a Strong, Sovereign and Independent, Political Europe, which protects its Citizens, and not for a large Super-Market, nor for a Europe under influence",

    "This goes for everything, including Energy", added to "EuroFora" the experienced former EU Commissioner, Minister of Foreign affairs, currently of Agriculture and Sarkozy's new pick as Leader of the Governing party UMP to EU 2009 Election, Michel BARNIER                                              .                             

  - Human Rights are important because they are at the Heart of the Political Europe that we aspire for : I.e. a Europe able to act and protect its Citizens, stressed also the New French Minister for European affairs, Bruno LE MAIRE, while meeting Strasbourg's Journalists at his first visit to the CoE.   

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This is one of the main interests for CoE, which is also a natural place for cooperation between EU countries and Russia or Turkey, which was recently helpful at the Middle East crisis, he added.

The move gained momentum with French Minister of Justice, Rachida Dati's main observations at ECHR's 5Oth Anniversary :   

- "While we are seeking Europe's Borders and Identity, you (ECHR) remind us also of its Values", Human Rights, Dati noted.   

Citizens seek more and more often ECHR's help, and the tempo accelerates, Europa awaits a symbol, while national legal orders are not freezed   

And she expressed "support" to ECHR President Jean-Paul Costa's call to satisfy the vital need to revigorate the PanEuropean Court by deciding big changes at a High-Level Conference open to a large audience, a kind of "Etats Generaux" of Human Rights, at the beginning of 2010.       

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It's not so much the recently growing number of applications for Russia or Ukraine etc, which seems to be Costa's main concern : In fact, the cases declared "admissible" are much fewer...    

But rather the persistent violations of Human Rights, sometimes very grave (ie. murders, torture, abritrary deprivation of liberty, oppression of freedom of speech, destructions of homes/properties, etc), despite numerous, repeated condemnations by ECHR. So that CoE's Ministers, due to "supervise execution" of ECHR's judgements, are overloaded.   

F.ex. most Media noted that Turkey still remains, even in 2008, the 1st among 47 CoE member States in the number of condemnations by ECHR :  257, compared to 233 for Russia, with a population more than the double..    

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- 1.652 condemnations, compared to 605 for Russia, 548 for Poland, 494 for France, 476 for Ukraine, etc.   

Italy's second place with 1.394 condemnations is a misleading false appearance : In fact, most of them (999) concern mere "procedural delays" in national courts. Same for France.   

On the contrary, Turkey was condemned 180 times for Killings, 192 times for Torture or Inhuman/Degrading treatments, 340 times for arbitrary deprivation of Liberty, 528 times for "Unfair trial", and 169 times for oppression of Freedom of speech, (etc). And the latest, 2008 numbers, indicate no change in this trend, (See supra).   

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A series of Debates on "the situation of Human Rights in Europe", focusing on the "need to fight against Impunity" of perpetrators of grave crimes, is  currently prepared by CoE's Parliamentary Assembly for the session of June 2009.  

The final Timing comes shortly AFTER the EU Elections, but the main Reports should have been adopted before.

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(Photo taken earlier during Sarkozy's 1st visit at EU Parliament, in 2007 : Sarkozy and Merkel's Ideas for a Political Europe inspire also other EU politicians accross the continent)..
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