Above all protecting children

Protecting human rights – in particular freedom of expression, access to information, freedom of association and right to privacy – with particular attention to the safety and "respect for the dignity" of children and young people: that’s what is asked of its 47 member states by the Council of Europe in two recommendations on search engines and social networks, adopted by the Committee of Ministers at Strasbourg on 4 April.Search engines. "Search engines play a crucial role as one of the first points of contact on the Internet in exercising the right to seek and access information". They "enable a worldwide public to seek, receive and impart information and other content in particular to acquire knowledge, engage in debate and participate in democratic processes", says the Committee of Ministers in "Recommendation on search engines". Nonetheless, it warns, search engines may represent a threat to human rights; in particular "their pervasiveness" may be detrimental to the right to privacy and the protection of personal data, and "fundamental freedoms". For this reason, recalling the Statute of the Council of Europe and some of its Conventions, the Ministers ask member states, in consultation with private sector providers and civil society, to "enhance transparency regarding the way in which access to information is provided"; "ensure access to, and pluralism and diversity of, information and services, in particular the criteria according to which search results are selected, ranked or removed"; "promote transparent self- and co-regulatory mechanisms for search engines, in particular with regard to the accessibility of content declared illegal by a court or competent authority, as well as of harmful content"; and "encourage search engine providers to clearly differentiate between search engine results and any form of commercial communication". It is also important to help the public to "make informed and conscious choices". In other words, each user must be made aware that "an individual’s search history contains a footprint which may reveal the person’s beliefs, interests, relations or intentions. Individual search histories may also disclose sensitive data (revealing racial origin, political opinions or religious or other beliefs, or date concerning health, sexual life or relating to criminal convictions") that warrant special protection under Art. 6 of Convention No. 108.Social networks. Defining social networks as means "to promote the exercise and enjoyment of human rights and of fundamental rights", and "to facilitate democracy and social cohesion", the "Recommendation on search engines" of the Council of Ministers of the Council of Europe urges member states to work with providers to "raise users’ awareness, by means of clear and understandable language, of the possible challenges to their human rights and the way to avoid having a negative impact on other people’s rights when using these services". The Committee recommends that users be helped to "understand the default settings of their profiles. The default setting for users should limit access by third parties to self-selected contacts identified by the user. Users should be able to make an informed decision to grant wider public access to their data"; but their privacy should be protected, and they should be helped to make "conscious decisions" about their own identity online. The recommendation urges in particular "appropriate measures" to "ensure children and young people’s safety and protect their dignity", while safeguarding their "right to freedom of expression and access to information". According to the Committee of Ministers, social networks play "an increasingly important role in the life of children and young people, as part of the development of their own personality and identity, and as part of their participation in debates and social activities". But because of "the inherent vulnerability that their age implies", children "should be protected". "Parents, carers and educators should play a primary role in working with children and young people to ensure that they use these services in an appropriate manner". While not being required to "control, supervise and/or rate all content uploaded by its users, social networking service providers "may be required to adopt certain precautionary measures (comparable to "adult content" rules applicable in certain member states) and take diligent action in response to complaints (ex-post moderation)". Age verification systems are often indicated as a possible solution to protecting children from potentially harmful content, but warn the Ministers, "at present there is no single technical solution for online age verification that does not infringe on other human rights and/or is not exposed to age falsification". The Recommendation further asks member states to ensure that service providers "provide clear information about the kinds of content or content-sharing or conduct that may be contrary to applicable legal provisions"; "develop editorial policies so that relevant content or behaviour can be defined as ‘inappropriate’"; "set up easily accessible mechanisms for reporting inappropriate or apparently illegal content or behaviour posted on social networks"; and "share best practices on ways to prevent cyber-bullying and cyber-grooming". In this regard the document notes that "age-differentiated access should be treated carefully where age is provided by children and young people themselves" and asks providers for "diligent action" in response to complains of cyber-bullying and cyber-grooming. Ministers lastly recommend member states to promote appropriate measures for the awareness-raising and information of parents and educators about the risks of social networks.