Freedom of Expression On-Line: Rights and Responsibilities of Internet Service Providers

This article analyses the contents of the universal right to free expression in the context of its applicability on-line. It starts off with a brief recapitulation of the origin, definition and interpretation of the right to free expression, derived from article 19 UDHR. It then goes on to name the three composite rights (the right to hold, impart and receive information and ideas) and details the limitations that may be put by states upon the individual exercise of those freedoms. States' duty to protect free expression is than identified as their negative obligation to refrain from infringement as well as a positive one, to guarantee that human rights are "protected, respected and remedied" within national legal systems. Then the role of Internet Service Providers is introduced as the gate keepers of free expression in the information society. Different schemes for national ISP liability mechanisms are presented: the notice-and-take down procedure as well as Internet content filtering (preventive censorship). The paper goes on to criticize both mechanisms as enabling ISPs too much freedom in deciding upon the shape and scope of individuals' right to impart and receive information.