Human Rights and Information and Communication Technology Proceedings of the 12th Informal Asia-Europe Meeting (ASEM) Seminar on Human Rights 27 – 29 June 2012 Seoul, Republic of Korea The Informal ASEM Seminar on Human Rights Series is a partnership between: The 12th Informal ASEM Seminar on Human Rights was hosted by: Published by: Asia-Europe Foundation 31 Heng Mui Keng Terrace Singapore 119595 Designed and Printed by: Xpress Print Ltd No 1 Kallang Way 2A Singapore 347495 ISBN: 978-981-07-5715-1 Human Rights and Information and Communication Technology, Proceedings of the 12th Informal Asia-Europe Meeting (ASEM) Seminar on Human Rights Copyright © 2013. All rights reserved. No part of this publication may be reproduced without the prior permission of the publishers. Views expressed here do not necessarily reflect those of the co-organisers, publisher or editors of this volume. The views expressed in this document are the sole responsibility of the main rapporteurs and can under no circumstances be regarded as reflecting the views or opinions of the organisers of the 12th Informal ASEM Seminar on Human Rights, namely the Asia-Europe Foundation (ASEF), the Raoul Wallenberg Institute, the French Ministry of Foreign Affairs, the Philippine Department of Foreign Affairs, the Korean Ministry of Foreign Affairs and the National Human Rights Commission of Korea. Contents Acknowledgements Ambassador ZHANG Yan 2 Executive Director, Asia-Europe Foundation (ASEF) Preface Mr Thierry Schwarz 3 Director for Intellectual Exchange, Asia-Europe Foundation (ASEF) Opening Speeches Professor Byung-Chul HYUN 4 Chairperson, National Human Rights Commission of Korea Mr KIM Sung-han 5 Second Vice Minister, Ministry of Foreign Affairs Ambassador Rosario G. MANALO 6 Foreign Affairs Adviser, Department of Foreign Affairs, Philippines Keynote Speech Ms Agnès CALLAMARD 10 Executive Director, ARTICLE 19 Mr Pavan DUGGAL 14 Advocate, Supreme Court of India and President Founder of Cyberlaw Asia Seminar Report Dr Wolfgang BENEDEK 17 Professor of International Law at the Faculty of Law at Graz University Dr Madanmohan RAO 17 Research Director at the Asian Media Information and Communication Centre Background Paper Dr Wolfgang BENEDEK 34 Professor of International Law at the Faculty of Law at Graz University Dr Madanmohan RAO 34 Research Director at the Asian Media Information and Communication Centre Concluding Remarks Ambassador Olof EHRENKRONA 88 Political Ambassador/Senior Advisor to the Minister for Foreign Affairs – on behalf of the Raoul Wallenberg Institute Mr Frédéric TIBERGHIEN 89 Technical Coordinator & Representative of the Ministry of Foreign and European Affairs, France, & State Counsellor - Conseil d’Etat Annexes Annex 1: List of Acronyms 93 Annex 2: Questions Raised by the Background Paper 95 Annex 3: Bibliography for the Background Paper 96 Annex 4: Seminar Programme 101 Annex 5: Concept Note & Working Group Questions 105 Annex 6: Participants 109 Annex 7: About the Co-organisers 116 Annex 8: About the Hosts 117 1 Acknowledgements Ambassador ZHANG Yan Executive Director, Asia-Europe Foundation (ASEF) The 12th Informal ASEM Seminar on Human Rights provided a timely platform for the discussion of the complex issues relating to information technology and human rights debate. It is hoped that the expert knowledge and experience shared by the participants over the course of the 3-day seminar in Seoul will reach a wider audience through the publication of this volume, and will contribute to the overall strengthening of human rights dialogue across the two regions. On behalf of the organisers I would like to express my deepest appreciation to those who facilitated the programme from start to finish. Our thanks go firstly to the 120 seminar participants, who represented governments and civil society across Asia and Europe. Without their co-operation in sharing frankly and openly their diverse experiences in the field of human rights and information and communication technology, this dialogue and the resultant findings laid out in this publication would not have been possible. It is our sincere hope that connections made among the participants in Seoul provide the basis for continued strengthening of networks between the two regions. Our profound appreciation goes to the seminar hosts, the Ministry of Foreign Affairs and Trade of the Republic of Korea (MOFAT) and the National Human Rights Commission of Korea (NHRCK) for their kind and generous hospitality. We would especially like to thank Second Vice Minister of Foreign Affairs, Mr. Kim Sung-han and the Chairman of the NHRCK, Mr. Byung-Chul Hyun for their welcome address. Also from MOFAT, thanks goes to Ambassador Kim Sam- hoon, Mr. Lee Wook-heon and Ms. Kim Boram for their cooperation and kind assistance during this Seminar. As the local Seminar host, the NHRCK played such a vital role in the success of the Seminar. In particular, we would like to thank the Director General of Human Rights Education and Policy Bureau, Mr Seokmo An, and his colleagues, especially Mr Seok-Jun Ri, Mr Yunkul Jung and Mr Seunggi Hong for their tireless dedication to the preparation of the Seminar. We could not have coordinated this three-day Seminar without their kind support. The informative addresses on information technology and human rights which were provided by our distinguished keynote speakers, Ms. Agnes Callamard and Mr. Pavan Duggal, set the tone of the whole seminar, and for this we are indebted. We are deeply grateful to the two main seminar rapporteurs, Dr. Wolfgang Benedek and Dr. Madanmohan Rao who not only prepared a detailed and comprehensive Background Paper but also compiled the final Seminar Report for this publication. We are also deeply appreciative of the work of Dr. Dieter Zinnbauer and Dr. Delia Browne in capturing the discussions and proposals of their respective working groups. Thanks also go to Mr. Matthias C. Kettemann for his contribution to these documents. Thanks to the knowledge and skilful facilitation of Mr. Rolf Ring, Mr. Al Alegre, Mr. Kavi Chongkittavorn and Mr. Paul Keller, the Seminar discussions proved to be particularly fruitful. The topic of human rights is sensitive and challenging, and we greatly appreciate their work in balancing the diversity of opinion within the working groups. We would like to express sincere gratitude to our partners, the French Ministry of Foreign and European Affairs, the Raoul Wallenberg Institute, and the Department of Foreign Affairs of the Philippines. The insight and advice of our partners, coupled with the input of the members of our Steering Committee, ensured a strong and relevant seminar programme. We have to note the contributions of our former colleagues at the Asia-Europe Foundation: Ambassador Michel Filhol, Ms. Sol Iglesias, Ms. Anjeli Narandran and Mr. Christopher Massey who all contributed to the 12th Seminar. Finally, we thank the Seminar’s secretariat staff at the Asia-Europe Foundation (ASEF): Mr Thierry Schwarz, Ms Ratna Mathai-Luke, Ms Grace Foo and Ms Xue Linyan. Their hard work and diligence brought this Seminar from the planning stages, through execution, to the ultimate publication of this volume. 2 Preface Mr Thierry SCHWARZ Director for Intellectual Exchange, Asia-Europe Foundation (ASEF) The Informal ASEM Seminar On Human Rights Series The Asia-Europe Meeting (ASEM) brings together 49 Asian and European countries as well as the European Commission (EC) and the ASEAN Secretariat. The ASEM process aims at strengthening interaction and mutual understanding between the two regions and at promoting cooperation leading to sustainable economic and social development. It’s an informal process of dialogue and cooperation among partners on all issues of common interest to Asia and Europe. The biennial ASEM Summit meeting is held alternately in Asia and Europe and is the highest level of decision-making in the process, featuring the Heads of States or Heads of Governments, the President of the European Commission, accompanying ministers and other stakeholders. A total of nine Summit meetings have been held in the cities of Bangkok (1996), London (1998), Seoul (2000), Copenhagen (2002), Hanoi (2004), Helsinki (2006), Beijing (2008), Brussels (2010) and Vientiane (2012). At the first meeting of ASEM Foreign Ministers in Singapore in 1997, Sweden and France offered to organize informal seminars on human rights to be held within the ASEM framework. In 2011, the Philippines joined ASEF, Sweden and France as a co-organiser of the Seminar series. The series employs the following formula: • A balanced representation between civil society participants from Asia and Europe (invited by the organisers) and official representatives (nominated by the 51 ASEM members) in each Seminar; • Closed-door debates to allow free and direct exchanges of views; and, • A set of recommendations, elaborated collectively to be sent to the relevant institutions in ASEM countries as an informal contribution to the official Asia-Europe dialogue. The experience of the first twelve seminars has proven the usefulness of the chosen formula: a climate of confidence and mutual understanding, in accordance with the ASEM spirit, has grown stronger throughout this process. The 12th Informal ASEM Human Rights seminar on Human Rights and Information and Communication Technology was attended by 120 participants representing 42 ASEM partners, including delegates from national regulatory authorities, technology promotion bodies, diplomats, human rights activists and internet