15 August, 2011

Don't post too much information on your facebook wall - or the police might come knocking at your door

Regarding possible restrictions of using social media in order to quell riots; the Prime Minister of the United Kingdom, David Cameron, stated the following today:

“Mr Speaker, everyone watching these horrific actions will be stuck by how they were organised via social media. Free flow of information can be used for good. But it can also be used for ill. And when people are using social media for violence we need to stop them. So we are working with the Police, the intelligence services and industry to look at whether it would be right to stop people communicating via these websites and services when we know they are plotting violence, disorder and criminality.”

This statement is certainly interesting from a human rights (HR) perspective as measures restricting access to social media will undoubtedly affect several civil and political rights. In the European human rights regime, rights which would be affected are the freedom of expression as well as the right to assembly (Articles 9 and 10 respectively in the European Convention on Human Rights (ECHR)). These rights exist also under the EU Charter of Fundamental Rights (EUCFR), which furthermore protects personal data (Article 8) and freedom of information (Article 11).

Under the ECHR, freedoms of expression and assembly can be restricted in times of unrest (Article 15). Similarly, the EUCFR allows for derogations as long as such derogations are provided by law and “respect the essence of those freedoms of those rights and freedoms”. The ECHR only allows for derogation if those derogations are necessary to combat events which are threatening the nation (Article 15(1)).

Although it is obviously too early to determine how such restrictive measures would be designed. What is rather disturbing though is that the PM is consulting the Police, intelligence services and industry (which industry?) “whether it would be right to stop people communicating via these websites and services when we know they are plotting violence, disorder and criminality”. Perhaps instead Mr Cameron should consult the House of Lords and European Council about the HR implications if such legislation.

EDIT: 14-08-2011; As commented, I accidentally wrote Mr Brown instead of Mr Cameron referring to the PM of the United Kingdom. David Cameron is of course the PM of the UK currently.

1 comment:

  1. Because of a formattiong glitch, I had to take out this post and re-post it. Unfortunately, I lost the comments along the way!

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