Overview -- Privacy and Free Speech 09/08/2004

Privacy and free speech are in many ways two sides of the same coin. Collisions are possible, particularly in the areas of media coverage of personal lives; or libel and defamation rules that inhibit some speech. We focus on the positive links between these two rights, and their interdependence. The act of censorship may occur through enacting surveillance, and enacting forms of censorship may result in surveillance.

Governments and other institutions are intervening on the right of free expression while also chilling free speech and interactivity through increased surveillance. Technology is a key component to these strategies and mechanisms.

Background Information

Silenced - Forward 13/09/2003
Few governments have resisted the opportunity in the past two years to enact laws restricting a range of civil rights. The Internet is seen by many of these governments as a potential threat to security and authority.

Silenced - Addendum 13/09/2003
Building in Big Brother, an extract from Privacy and Human Rights 2002.

Silenced - Introduction 13/09/2003
There is an often quoted aphorism about censorship of the Internet, originally attributed to Electronic Frontier Foundation co-founder John Gilmore: 'The Internet perceives censorship as damage, and routes around it.' Yet governments and commercial organisations relentlessly try to impose censorship.

Silenced - Executive Summary 13/09/2003
Silenced is an independent research initiative managed jointly by Privacy International and the GreenNet Educational Trust. The twelve-month project was undertaken through a collaboration of more than fifty experts and advocates throughout the world. The work was made possible by a grant from the Open Society Institute.

Legal and Policy Developments

UK to introduce new powers for deportation for unacceptable behaviour 24/08/2005
In response to the bombings in July 2005, the UK Government is proposing a raft of measures to allow for the deportation of foreign nationals.

COE Internet and the law Report (external) 06/02/2004
Parliamentary Assembly - Internet and the law. Doc. 10064 6 February 2004 Report Committee on Legal Affairs and Human Rights Rapporteur: Mr Christos Pourgourides, Cyprus, Group of the European People's Party

COE Declaration on freedom of communication on the Internet (external) 28/05/2003

PI Reports

PI authors report on Counter-Terrorism and Freedom of the Media 25/11/2008
A new report conducted by Privacy International for the Council of Europe Media and Information Society Division reveals effects of new counter-terrorism laws on media and free expression rights in European countries. The report “Speaking of Terror” examines how the “war on terror” has affected access to information, the growth of incitement, glorification and “extremism” restrictions on speech, blocking of internet sites, increased surveillance of journalists and limits on protection of journalists’ sources.

PI Commentary on Surveillance and Threats to Journalism (off-site) 03/05/2007
For World Press Freedom Day 2007, PI and the World Association of Newspapers have released a new commentary discussing the increasing use of surveillance by governments to undermine journalists' legal right to protect the identity of their sources. The article is available in English, French, Spanish, Germany and Russian.

PI Report on Freedom of Information, Secrets and Protection of Sources in OSCE (PDF) 02/05/2007
For World Press Freedom Day, PI has released a new report which reviews freedom of information, state secrets and protection of journalists sources laws in the 56 OSCE participating states and finds that while most OSCE countries have adopted freedom of information laws, there has been an increasing abuse of state secrets laws and illegal searches and wiretapping to limit journalists' and the public's right to know crucial information about the activities of their governments. A 400 page compendium of responses from questionnaires is also available.

Index on Censorship publishes edition on Policy Laundering (external) 06/10/2005
The internationally reknown publication Index on Censorship has released its third edition for 2005 on Policy Laundering. The articles are available in full on the Eurozine website. Articles cover the international development of policies on copyright, rendition, communications and travel surveillance, DNA, and identity cards.

International Co-operation Gone Awry - What happened to Indymedia 09/09/2005
Indymedia, an independent news network, had its servers seized in Britain based on a request from an unknown European country that was made to the U.S. This reviews the case and the documentary evidence that has since then emerged as to why its servers were seized.

ITU Publishes PI report on Policy Laundering (external) 23/07/2005
The International Telecommunications Union, a UN-level organisation, released a report presented by PI at their meeting on cyber-security. The report points out the risks of harmonising laws by looking at the cybercrime convention, data retention agreements, and the implications for free expression.

OSCE publishes PI report on Free Expression and Counter-Terrorism policy 24/12/2004
The Organisation for Security and Co-operation in Europe's directorate on Freedom of the Media published a book chapter written by PI entitled Open Society and the Internet: Future Prospects and Aspirations (pages 242-263) in The Media Freedom Internet Cookbook. The chapter studies the effects that anti-terror laws and surveillance may have on free expression.

UNESCO publishes report by PI staff on Free Expression and Privacy 27/11/2004
The United Nations Educational Scientific and Cultural Organization today published a reported authored by PI Senior Fellow Gus Hosein on the links between freedom of expression and privacy, and surveillance and censorship. Available on the UNESCO site, and archived on the PI site.

PI Global Studies

Global Survey on Protection of Journalists' Sources 08/11/2007
Privacy International released a global survey on protection of journalists' sources in November 2007. Silencing Sources finds that over 100 nations have adopted laws but that the laws are being undermined in many countries by laws on national security, wiretapping and searches. Several important countries including the US, ireland and Canada have not adopted laws.

Silenced: Censorship and Control of the Internet 10/09/2003
Silenced is an independent research initiative managed jointly by Privacy International and the GreenNet Educational Trust. The twelve-month project was undertaken through a collaboration of more than fifty experts and advocates throughout the world. The work was made possible by a grant from the Open Society Institute.

International Standards and Agreements

Commonwealth - Model Legislative Provisions on Measures to Combat Terrorism (2002) 11/09/2002
This blueprint to counter terror lists far and wide ranging powers for the State vis a vis the individual. Contained within, one finds measures to extradite, refuse access, monitor communications, seize assets and trade sensitive information across borders.

COE Convention on Cybercrime, Treaty No. 185 23/11/2001
This treaty that empowers countries to criminalise and surveil on-line activity was opened for signature in November 2001.