Thirty IFEX members call on governments to respect fundamental human rights of free expression and privacy of communications

Thirty IFEX members call on governments to respect fundamental human rights of
free expression and privacy of communications
<http://ifex.org/international/2009/06/05/ja_gm/>

(Privacy International/IFEX) - Free expression advocates from around the world
gathered this week in Oslo, Norway, at the IFEX General Meeting. Thirty IFEX
members signed on to the following resolution on surveillance of
communications and the fundamental right to protection of journalistic sources:

Resolution on Surveillance of Communications and Freedom of Expression

New telecommunications laws and technologies adopted by countries around the
world increasingly allow for legal and illegal surveillance and significantly
affect the ability of journalists to pursue investigations and receive
information from confidential and other sources. They also inhibit individuals
from being able to seek and receive information.

The problems include:

- Journalists in dozens of countries are the targets of illegal or unregulated
surveillance by governments to identify their current and future activities
and their sources of information. Companies are also using technical means to
monitor journalists and their sources.

- A significant number of countries have adopted new laws that allow for the
surveillance of communications in the name of fighting terrorism or protecting
public order which do not provide for adequate limits or oversight.

- "Data retention" and cybercrime laws mandate the collection and retention of
all telecommunications transactional data including email records, mobile
telephone location, instant messaging and SMSs, and web searches without
regard to actual specific investigations. These laws often do not limit how
the information collected is to be used. They also facilitate the technical
interception of communications which allow for increased legal and illegal use
of the technique.

- Mandatory registration in telecommunications networks and other means of
access such as cybercafés affect persons' right to seek and receive information.

Recently, these problems are increasingly being recognised by human rights
bodies such as the Council of Ministers of the Council of Europe but this
recognition needs to be implemented into national laws and practices.

Resolution:

We the undersigned free expression organisations call on governments to fully
recognize that under existing international law all persons have a right to
privately communicate without interference except in the most limited
circumstances and recognize that journalists have a fundamental right to
protection of sources which should not be undermined by surveillance. No
surveillance should be conducted without legal authority.

Governments should not adopt laws for anti-terrorism or protection of public
order or security which allow for surveillance of communications or obtaining
telecommunications records without adequate legal process and oversight which
respects the fundamental human rights of free expression and privacy of
communications.

Governments should not require that telecommunications providers routinely
collect and retain records of all users' activities.

Governments should not require that all persons are required to pre-register
or identify themselves before they are allowed to use telecommunications networks.

Governments should review and revise as necessary existing legislation to
ensure that rights are protected.

Signed,
Privacy International
6-8 Amwell Street
London EC1R 1UQ
United Kingdom
privacyint (@) privacy.org
Phone: +44 20 8123 7933
Fax: +44 20 7278 7660


ARTICLE 19: Global Campaign for Free Expression
Associação Brasileira de Jornalismo de Investigação
Canadian Journalists for Free Expression
Cartoonists Rights Network International
Center for Journalism in Extreme Situations
Centre algérien pour la défense et la promotion de la liberté de la presse
Centre for Independent Journalism
National Center for Social Communication
Foro de Periodismo Argentino
Freedom House
Freedom of Expression Institute
Globe International
Independent Journalism Center
Index on Censorship
Institute for Reporters' Freedom and Safety
International Federation of Journalists
Journaliste en danger
Media Foundation for West Africa
Media Institute
Media Institute of Southern Africa
Media Rights Agenda
National Union of Somali Journalists
Norwegian PEN
Observatorio Latinoamericano para la Libertad de Expresión
Observatoire pour la liberté de presse, d'édition et de création
Pacific Freedom Forum
Pakistan Press Foundation
Public Association "Journalists"
Sindicato de Periodistas del Paraguay