Promoting Freedom of Expression, Council of Europe-Style

In a recent meeting, the Council of Europe's (CoE) Committee of Ministers adopted a set of recommendations for European states on digital content. "Recommendation CM/Rec(2007)11 of the Committee of Ministers to member states on promoting freedom of expression and information in the new information and communications environment" is meant to provide guidance on how to safely and prudently promote expression online. They call for the development of standards on data collection and storage; on labelling of sensitive content; and on affordability of access. They also call for standards regarding the information that people put online, and its impact on others:

"A fair balance should be struck between the right to express freely and to impart information in this new environment and respect for human dignity and the rights of others, bearing in mind that the right to freedom of expression may be subject to formalities, conditions and restrictions in order to ensure roportionality."

The recommendation has raised red flags. European Digital Rights (EDRI), an organization dedicated to promoting and defending digital rights across Europe, launched a campaign against the recommendation, with a statement and a call to action. They document concerns, stating that "[They] consider the result to be promoting opaque 'self-regulation' and other soft law instruments driven by private interests and implemented through technical mechanisms." The CoE's recommendation is broadly worded, and therefore open to broad interpretation. As with many legal texts and government announcements, there are certain concerns that this leaves room for overbroad implementation, especially as these recommendations serve as a stepping stone for further action.