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Resolution of Bloggers’ Right (ALSIC)

March 16th, 2008 · No Comments

As mentioned in my previous post. I was invited to be one of the guest speakers in the Asian Law Students International Conference (ALSIC) on the topic of Bloggers’ Rights.

Below is the resolution drafted by the delegates from various Asian countries.

“On the issue of Blogger’s rights, we the united people from Malaysia, Indonesia, Thailand, Korea, Hong Kong, Philippines and Japan, from the Asian Law Students Association declare that:

We believe that all bloggers shall have:

1) The right to blog anonymously
2) The right to make fair use of Intellectual Property
3) The right to allow reader’s comments without fear
4) The right to protect blog and bloggers from government interference except in special circumstances that warrant such interference.

We have identified the problems concerning the bloggers rights and they are:

1) The limits of the freedom of speech and expression in blogs.
2) Security of the blogger’s personal information on the internet.
3) The need for censoring to trace and curb any seditious or defamatory remarks, copyright infringement, divulging or trade secrets, publication of private facts and intrusion into seclusion.

For these issues, the solutions that we put forward are:

1) Bloggers have the right to express themselves but this right is not absolute. It may be withdrawn if it threatens national security or racial/religious harmony.
2) An international non-governmental body needs to be created under the umbrella of the United Nations. It shall have a branch in each member country and have the primary duty to uphold all registered blogger’s rights, defend bloggers from frivolous or abusive threats and lawsuits, and ensure adequate censorship if need be. This organization shall also make an effort to get all the bloggers registered.
3) A new comprehensive legislation is needed to answer the challenges posed by the complexities of modern technology and must be competent enough for it to face future issues relative to cyberspace communication. This law shall contain, among others, a specific definition of blogs and bloggers, their rights and responsibilities, and to whom this law would/would not apply to. There is also a need to include the responsibilities of webmasters to ensure that all terms and conditions are user-friendly, the security of blogger’s personal information, appropriate censorship and the penalties that will be imposed should they fail to do so.
A very good example is the United States’s Communication Indecency Act (CIA). The Act provides bloggers immunity from being charged for any inappropriate or seditious comment made by the blog’s visitors. The inappropriate or seditious comment can be tracked by account system.
4)A standard Code of Ethics specifically for bloggers needs to be written. The code will provide the legal framework to guide ethical decision making. The Ethical Code shall state the values to which registered bloggers under the umbrella of the United Nations are committed, and embody the ethical responsibilities of the blogger’s speech in this cyberspace environment.This code will be free from any political influence and everyone shall be subject to it.”

Tags: Bloggers' Rights

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