Freedom of Expression and Network Censorship - …

1 Freedom of Expression and Network Censorship Digital Rights and Freedoms vodafone Group Plc vodafone Group Plc Digital Rights and Freedoms Freedom of Expression and Network Censorship Freedom of Expression and Network Censorship Our business is focused on assessment of those factors in our decision- Law Enforcement Disclosure Statement that connecting people and helping them making processes when considering whether offers a detailed insight into the relevant or not to make an investment, acquire a legal frameworks and vodafone governance manage every aspect of their digital licence or operating company, or enter into principles, operating policies and procedures lives. Ensuring our customers are a commercial relationship with a third-party in force across 28 countries. able to use our networks and services operator in a country where vodafone Our Legal Annexe provides, on a country-by- confidently and free of unreasonable currently has no such presence.

2 Country basis, an overview of the categories constraints is integral to our All governments reserve the right, through of legal powers used by governments, commercial success. legislation, to limit their citizens' ability to agencies and authorities to shut down Freedom of Expression is enshrined in access and use digital networks, services and or restrict access. The Annexe has been international law and enacted through content under certain circumstances. In this updated to include a new section covering national legislation. Measures which allow Statement, we provide an overview of the the current laws related to encryption citizens to increase their knowledge and challenges faced by telecommunications and law enforcement assistance in the understanding and encourage greater operators in seeking to respect their telecommunications sector, as well as an institutional openness and transparency are customers' right to Freedom of Expression . update of the legal position in those countries central to the wider promotion and protection This includes a summary of the circumstances that have new laws in force.

3 Both the Law of human rights. under which governments, agencies and Enforcement Disclosure Statement and the authorities can order telecommunications Legal Annexe can be found in our new Digital We are a significant investor in many of the operators to: Rights and Freedoms Reporting Centre, countries in which we operate. Widespread together with our Privacy Commitments, prosperity is critical to the achievement of s hut down or take control of all our statement of alignment with the returns on those investments; businesses or parts of a Network ;. Telecommunications Industry Dialogue perform best under healthy macro-economic b lock or restrict access to specific Guiding Principles and our views and conditions with a large proportion of the communications services; and approach to the Digital Rights of the Child. population gainfully employed, earning b lock or restrict access to specific and economically active. Social cohesion websites or content.

4 And inclusion which are linked, in part, We set out our statement of Principles in to Freedom of Expression considerations relation to matters of Freedom of Expression are important factors in determining the together with our beliefs regarding what, in extent to which a community or nation will our view, governments should and should experience enduring prosperity and growth. not do in this area later. Those Principles For that reason, we include a comprehensive should also be seen in the context of our 2. vodafone Group Plc Digital Rights and Freedoms Freedom of Expression and Network Censorship Telecommunications operators and Over-The-Top' (OTT) internet companies Our core business is connectivity. We operate OTT companies can choose which content they physical Network infrastructure assets (such wish to upload, promote or remove and have as mobile phone towers, fibre-optic cables established teams and systems to enforce their and data centres) which our customers use house rules' on acceptable content.

5 To provide to communicate and to access content. Our a practical example: if an individual accesses a focus is on ensuring that the vast volumes of Facebook page using a smartphone connected data which pass through our networks every to a vodafone Network and wishes to complain day reach their intended destination as quickly, about the content, only Facebook can respond efficiently and securely as possible. to that complaint, assess the content in question and, if appropriate, remove it. vodafone cannot While telecommunications operators can be alter or take down (or, if only shared privately, ordered to block access to certain content (as even read or view) the content. As a result, OTT. we explain in our Law Enforcement Disclosure companies receive far more complaints and Statement), in practice their networks serve takedown demands (from their users, as well as the conduit used by customers to access as from authorities and agencies or the courts).

6 Content, not as the creators or commissioners of than any telecommunications operator. the material in question. Operators therefore do not have direct editorial control over the large Over time, drawing a clear distinction between majority of content and services which flow telecommunications operators and OTT. through their networks. companies will become increasingly difficult. As the telecommunications market converges with Unlike vodafone , Over-The-Top' (OTT). the TV market and more customers buy quad- internet companies such as Facebook, play packages (a single contract which includes Twitter and Google do not operate their own mobile, TV, fixed-line broadband and calls), communications Network infrastructure. The telecommunications operators will increasingly OTT companies' core business is providing host commercial content (such as movies advertising, content and communications and TV shows) on their own servers. It is also services to their users.

7 They have a much greater conceivable that operators may begin to host degree of editorial control over both the services large volumes of user-generated content at and apps they make available to their users as some point in the future. Those developments well as over the content (videos, photos and would mean that operators would be in a text) hosted on their servers, an ever- increasing position to exert a degree of direct editorial proportion of which is user-generated. control over the material provided to their customers and would therefore need to develop the kind of content policies and procedures followed by OTT companies and others. 3. vodafone Group Plc Digital Rights and Freedoms Freedom of Expression and Network Censorship Legal powers to block or restrict access to communications Governments retain the legal our customers from using our networks We are a founding member of the The most salient powers available to power to block or restrict access (or the internet services provided over our Telecommunications Industry Dialogue on governments to block or restrict access to networks).

8 Ultimately, we have no choice but Freedom of Expression and Privacy (the communications services are listed below. to communications for a variety of to comply with such an order: refusal would Industry Dialogue') and are a signatory to their reasons. Their need to do this can be put our employees at risk of criminal sanction, Guiding Principles which define a common National security powers justified under limited circumstances, including arrest and imprisonment. Despite approach to be taken by operators when The protection of national security is a which we consider below. that risk, wherever feasible we do seek to dealing with demands from governments, priority for all governments. This is reflected challenge orders or demands that appear to agencies or authorities that may affect in the legislative frameworks created by There are other ways in which a us to be overly broad, insufficiently targeted or customers' privacy and Freedom of Expression .

9 Governments that grant additional powers telecommunications operator can be disproportionate in nature, as we explain in our The Industry Dialogue works in partnership (under national security legislation) to compelled to prevent its customers from Freedom of Expression Principles on page 7. with the Global Network Initiative (GNI), agencies and authorities engaged in accessing specific services and content. For an international NGO that brings together national security matters that typically example, a court can issue an order related In those Principles, we explain the very limited internet, telecommunications and information exceed the powers available for domestic to the infringement of intellectual property circumstances under which governments technology companies, civil society groups law enforcement activities. For example, in rights or defamatory material. Operators should be able to use their legal powers to including human rights and media Freedom many countries, domestic law enforcement also block access to certain content such require us or other telecommunications activists, academics and investors.

10 The GNI's legislation seeks to achieve a balance as spam and malware in their own right, operators to block or restrict access to our mission is to develop a common approach between the individual's right to privacy and for the reasons we set out in our Freedom of networks or to online services. We also make to protecting and advancing free Expression society's need to prevent and investigate Expression Principles below. clear our position on what governments and privacy around the world. In February crime. However, those considerations have However, it is the extent to which the state should and should not do in this area. In our 2016, the GNI announced a closer alignment much less weight in the context of threats (via its agencies and authorities) can determine view, governments must ensure that national with members of the Industry Dialogue under to the state as a whole, particularly when what their citizens can see, read or share online laws that interfere with Freedom of Expression which vodafone became an observer member.