Organization for Security and Co-operation in Europe
The Representative on Freedom of the Media
Amsterdam Recommendations
14 June 2003

Freedom of the Media and the Internet
Convinced that no matter what technical means are used to channel the work of journalists to
the public – be it TV, radio, newspapers or the Internet – the basic constitutional value of
freedom of the media must not be questioned;

Alarmed that censorship is being imposed on the Internet and new measures are being
developed to prevent the free flow of information;
Reaffirming the principles expressed in the Joint Statement by OSCE, UN and OAS in
London on 20 November 2001;
Taking note of the Council of Europe Declaration on freedom of communication on the
Internet from 28 May 2003;

The OSCE Representative on Freedom of the Media invited representatives from academia,
media, specialised NGOs from Eu rope and the U.S. as well as from the European
Parliament, Council of Europe, European Commission, and OSCE to take part in a
conference on “Freedom of the Media and the Internet” held 13 -14 June 2003 in Amsterdam,
The Netherlands.

During the conference the following recommendations, proposed by the OSCE
Representative on Freedom of the Media, were made:

Access
· The Internet provides a number of different services. Some of them are still in the
development phase. They serve as tools, often indispensable ones, for citizens as well as
journalists and thus are important for a free media landscape. The technology as such
must not be held responsible for any potential misuse. Innovation must not be hampered.

· Access to digital networks and the Internet must be fostered. Barriers at all levels, be they
technical, structural or educational, must be dismantled.

· To a considerable extent the fast pace of innovation of digital networks is due to the fact
that most of the basic code and software are in the public domain, free for everyone to use
and enhance. This free-of-charge infrastructure is one of the key elements of freedom of
expression on the Internet. Access to the public domain is important for both technical
and cultural innovation and must not be endangered through the adoption of new
provisions related to patent and copyright law.

Freedom of Expression
· The advantages of a vast network of online resources and the free flow of information
outweigh the dangers of misusing the Internet. But criminal exploitation of the Internet
cannot be tolerated. Illegal content must be prosecuted in the country of its origin but all
legislative and law enforcement activity must clearly target only illegal content and not
the infrastructure of the Internet itself.

· The global prosecution of criminal content, such as child pornography, must be warranted
and also on the Internet all existing laws must be observed. However, the basic principle
of freedom of expression must not be confined and there is no need for new legislation.
· In a modern democratic and civil society citizens themselves should make the decision on
what they want to access on the Internet. The right to disseminate and to receive
information is a basic human right. All mechanisms for filtering or blocking content are
not acceptable.

· Any means of censorship that are unacceptable within the ‘classic media’ must not be
used for online media. New forms of censorship must not be developed.

Universal Declaration of Human Rights
Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people.

Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression

The United Nations Commission on Human Rights, in resolution 1993/45 of 5 March 1993, decided to appoint a Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.




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